The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-19
TOPEKA STATE JOURNAL
Information Bureau
EREDERIo !. HAsKN. Darecass.
Washington, d. Q.
MORE POWER TO THE
PRESIDENT.

a way and to a degree that doubtless
was never dreamed of by the trainers
of the constitution. The American ex-
ecutive has long been the most power
full in the world, but from now on,
unless the new law is amended or
repealed, he may exercise authority
under which he might become the alb
solute autocrat of the business az
fairs of the netion.
Briefly stated, the provisions OF the
new law make it possible for the
president to reduce or to increase
customs duties. This is accomplished
thru what is termed the flexible tar
if"
When It is considered that almost
every business enterprise may be
prospered or wrecked by the tariff.
if we are to believe half that is said
when such legislation is under con-
sideration, some idea of the nature
and extent of the new powers of the
president may be appropriated. The
American manufacturer, the Ameri-
can Iaborer. and the American farmer
may find their welfare entirely de-
pendent upon the decision of one
man.
That Is something that would have
been bitterly opposed a few years ago
and it is a matter of surprise to many
veteran observers of national affairs
that congress should have gone SO far
in the delegation of it's powers. But
Mr.. Harding suggested it and it went
thru. Now congress can blame only
itself if it discovers one of these days
that it has little to do except pass
appropriation bills.
1t is true that tariff making is not
placed entirely in the hands of the
president under the new law. Some
limitations are thrown around what he
may do and he has to advise with the
tariff commission However, it Is GER
tain that the president now has powers
such as none of his predecessors ever
exercised and their full extent may
not be realized until they have been
tried out Incidentally, in the course
of the tryout it is quite possible that
the constitutionality of this phase of
carried to the supreme court for a
final decision.
What tho President May Do.
Under the head of special provi-
sions the new law gives the president
authority ~ to raise or to lower
any rate in the bill not to exceed SO
per cent, md CD to apply the Amer
valorem duties, and to exclude ar
ticles of foreign production in spe-
cial instances.
Essentially an exemplification of
the protective policy. the theory of the
new law is that the duties levied on
imports Snail SQQdllZe -Iu0 COSlS OIL
production at home and abroad. 1t
recognizes the fact that American
standards of living are generally bet
ter and higher than in any other
country, and that American labor is
and must be better paid. To main
tain these standards American pro-
ducers and~American labor must not
be subjected to competition from
abroad except on terms that approx
mate equality III production costs, and
the only way to accomplish this is
thru q. tariff that will make it i'm
possible for foreign producers to
undersell us IN our own markets.
The schedules of the new law are
supposed to do this, but it is ad-
mitted that conditions surrounding
production both at home and abroad
change constantly and that II is de-
sirable to have some sort of flexi-
bility in the tariff rates. Hence, the
discretionary authority vested in the
president to raise or lower duties
within a range of SO per cent. Fur
thermore, the president may exclude
any article if in his judgment its i'm
portation would tend to injure an
American industry.
In determining differences in cost
of production at home and abroad
the president is directed to advise
with the tariff commission and no
change in rates shall be made until
the commission has heard the case
and rendered decision. This is some
what of a check on the new powers of
the president. However, it is not so
much of a check Just at this time for
the reason that the president now
has one vacancy to fill in the per-
sonnet of the tariff commission, with
another vacancy in prospect. Mani
testify the commission will be in har-
mony with the man who selects 1t.
Senator McCumber, one of the men
largely responsible for the new tariff
law, is expected to receive one of
these appointments.
Is Congress Abdicating.
During the administration of Theo-
dore Roosevelt and again while
House much was heard about lex
ecutive usurpation." Those presidents
were charged with encroachfng or
the powers and functions OF congress
and with repeated attempts to die
tate what the legislative branch of
do. Naturally much of this criticism
came from senators and representa-
tives who resented being made what
they termed rubber stamps" for the
man at the other end of Pennsylvania
avenue
In this instance, however, the ques-
ton may well be asked as to whether
it is not an evidence that congress Is
abdicating. Whatever answer is made
to this question the hard fact re-
mains that the constitution stipulates
as one of the functions of congress
that it shall have power ito lay and
collect taxes, duties inposts and ex-
cises." whereas the new law has dele
gated to the president the determine
ton of all tariff rates.
Already the charge has been made.
too, that the courts have been en-
croaching on the powers of congress
by multiplying laws on the grounds
that they are not constitutional and,
thru judicial interpretations and de-
cisions, giving force and effect to
laws that congress did not contem-
plate when 81 enacted them. This is
called legislation by judicial fiat and
notice has been served that bills will
be pressed for consideration at the
coming session of congress that are
aimed to curb or check this tendency
of the judiciary. It is even argued