The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-08-12
Senate Lawyers
Unable to Agree
On Tariff Fixing
BY DAVID LAWRENCE
Copyright by The IrtslltgencSrl

Washington. n. Q. AIc. ll--Prestdent
Hard'nSs original proposal made in
his message 70 Congress that ne be
given authority to increase or decrease
tariff duties so as 10 meet changing
economic conditions. has come up at
last.
While objections galore are being
voiced on the theory that Congress
should not delegate its powers. the plain
truth ~ Tho matter is that the eNecu-
tive provision Is the cure for such bad
features OF the Fordney bill as are ad
m!ttedly contained In the dill as II
stands today and as IL VIII be passed
"Tr the Fordney bill is bad in spots.
tho flexible provisions will correct IT,"
is what the Republican leaders will be
able 20 say In the coming congressional
campaign. II Will be coutended that
IN such big p,ecs OF legislation mis-
takes will creep in. but that unlike
other tariff bills whose defects cannot
he Immediately cured without a pro-
loHSed debate in Congress. the machin-
cry viii have been provided for revision
D the president on advice o. the tariff
commission. Mr.. Harding would have
the power 20 proclaim new duties on
sixty days notice.
Lawyers at ODDS
Ths constitutional lawyers IN the SEN
ate are already Al odds over such a law
and unquestiorably some day there will
DC 4 lawsuit over changed duty In
some industry and the principle will be
settled once for all. The trend OF de-
c!Stons OF the supreme court OF the
United States In the last generation
has been N favor OF delegation OF power
able example was the grant by Con-
GreSs to the interstate commerce COM
mission 10 regulate railroad rates. This
law was bitterly contested. but It's con-
st!tptio0sii:y was hHally upheld
Nothing more corSp.cuous, however.
has come up than then income tax laws.
which establish broad principles. but
which permit an exec&E tive department.
Of tha government: fall powers IN in
terpretirg tire lave. TAis heTibillty Is
such ira, the treasury/departmsnt can
automatically. ~ the simple issuance
O, = ruling. Increase ynr diminish the
amour. ~ taxes received by the govern
mont without asking further consent
from Congress.
THIS Congress has on more han one
occasion permitted an executive depart
r,e-t % regulate the amount OF income
received BY the government and those
who favor ire flexible tariT provisions
nc,7. ov. ,Nar here IS essentially no
drre-e-c. between delegation 81 'he
interpretive power under the income tax
laws ard che change - rates on imports
when costs OF production have varied
since a law was passed.
But the process is satcSuarded by
the fact that Con SresS can at any time
repeal thA provision ard take away from
Ire president the power 70 change tariff
Eauties u - TO, as u Congress were
parrraron'ly giving away one OF its con-
S.itutiorsl powers. 7: IS conceivable
trSt some dav The President will pro-
claim rate which will be obnoxious
20 certain sections of the country and
biz wrli 30 proposed 70 make that
rarr.-,:lar customs duty exempt from
-. POWER - tho executive. Eut such
b. would have 70 60 through Con-
r-e,s as an isolated proposition and
v-p'd stand or fall on It's merits with
out tho collateral support which senat-
orS &c, So- their pet measures when
they can trade their own support for
something NlSN IN a large tartn bill.
Would Have Veto Power
A-a.r tie President would have veto
anerd-,rrr and II would require two
thirds 70 force change In presidential
attitude toward the rate IN question.
Tariff changes would then become the
wish ~ two-thlrds OF Congress after
concentration on a specific question
which is IN marked contrast to the hasty
7-d necessarily superficial considera-
,,o- ION the ten thousand and one
dscss-e-. ..rrre IN a major tariS biz.
Senator Walsh 81 Montana. Democrat.
:, the Senate debate on the finance
committees amendment Of n flexible
.ariY. seemed 20 thirl, that the principal
danger would 10 this:
An Inscriptions political leader,
nresur,od - harc some Influence in
ths White House particularly n tho in
runhN-. were p candidate for r"-eiec>
ton. would find In a law Of this Charac-
Tor = convenient instrument for fat-fry-
ing purposes and resources OF such rich
possih'r'tiss 10 campaign manager ever
commanded IN this or any other coun-
try"
Under the present system. group or
politicians get together and trade votes
and Ak M rates 70 suit themselves.
sectloralism and special privilege have
m enormous influence on the makins
executive. Is so complicated that hs
rnnst accept the good with the bad and
sfrp the whole thing rather than reject
~ all IN order 20 cure specific fault
Similarly members OF congress have
made excuses 20 their constituencies
YEAR after year by saying that they did
not dare 20 vote against the whole bill
even though they disapproved OF por-
lions OF H.
Choice Between TWO Evils
There is no doubt that Mr.. Walsh mas
sugrestcd a possibility. but measured
alongside the present system II makes
,rs choice between TWO evils an easy
one IN the opinion Of the champions OF
the measure.
President Harding didn't Ike the tas'
r,,erue law passed. hut had 10 swallow
{, tbourh hN promised h" would ASK
C-o,gres4 for a revision some day. he
,.,oys IN Advance that IN" Fordney- NC
Cnr,bsr tartT law wil' p" picked u
,r.rss ~ Tho coming campaign ana all
to,,s ~ inequat'ev re'saled HIS ra''
80, =. - anticipate dissatisfaction ny
r,t,,rz ths remedy IN the tarir oilI
t.sal&-eaosly automatic revision o'