The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-10-14
Frederick Haskin's Letter
More PoDer to tIIs President

In determining differences in
cost of production at home and
abroad the president Is directed to
advise with tho tariff commission
and no change IN rates shall Ie
made until the commission has
heard the case and rendered q de-
cision. This Is somewhat Of u
check ON the new powers Of the
president. However, It Is not -
much Of q check just at this time
for the reason that the president
now has one vacancy to fill in the
personnel Of the tariff commission.
with another vacancy in prospect
Manifestiy the commission will b
in harmony with the man who Sc
lects it. Senator McCumber, one
of the men largely responsible for
the new tariff Law, 10 expected 70
receive one OF these Appointments
Is Congress AbAicatingS
During the sdministration Of
Theodore Roosevelt Sand again
while Woodrow Wilson was in the
White house much WAS heard
about executive hsurpation"
Those presidents were charged
with encroaching ON the powers and
functions of congress and with re-
| peated attempts to dictate what
the legislative branch of the gov
eminent should or should not do.
Naturally much of this criticism
came from senators and represen-
tatives who resented being made
what they termed rubber stamps"
for the man at the other end OF
Pennsylvania avenue.
In this instance however, the
question may we'll be asked as to
whether it is not an evidence that
congress is abdicating. Whatever
answer is made to this question the
hard fact remains that the consti-
tuition stipulates as one of the func-
tions Of congress that it shall
have power ito lay and collect
taxes, duties, imposts and excises,"
; whereas the new law has delegated
to the president the determination
of all tariff rates.
! Already the charge has been
made, too, that the courts have
been encroaching on the powers Of
congress by multiplying laws on the
I grounds that they are not consti-
tutional and, through judicial in
terpretations and decisions, giving
force and effect to laws that con-
gress did not contemplate when it
3 enacted them. This is called legis.
, lation by judicial fiat and notice
: has been served that bills will b
pressed for consideration at the
coming session Of congress that
: are aimed to curb or check this
tendency OF the judiciary. 1t ID
, even argued that the courts should
D not be permitted to declare any act
D of congress unconstitutional.
4 When the constitution was writ
/ ten the legislative branch Of the
= government was taken up first
This may be urged as indicating
{ that congress was regarded as Of
( first importance and was to be in
= reality the supreme power OF the
g republic, with the president essen
1 TALLY as the executive officer Of
t congress coming second and the
g judiciary ranking third. Certain il
4 is that Article /, devoted to con-
t gress, consists Of nine sectionl
: while Article II, defining the
: executive branch, includes but four
d sections and Article III, setting
= forth the judicial power Of the
d United States, only three sections
e An interesting possibility In
d event of any serious clash over the
IS question of the respective func-
it tions and powers Of the three d.
o visions of the government is as to
what would happen if congrea
v undertook to curb the executive
IS and the judiciary and those two
l. branches sought to nuliify any such
d action of congress by the exercise
It of the veto power and the power q
It the courts to declare a law uncon'
s. stitutional. Congress can pass
y law over the presidents veto, ou'
;e up to the present time it has beel
Of helpless when the courts have beeI
le adverse to any of its acts, saw
lie only that it may bring about al
m amendment of the constitution U
N the several states take kindly Y
such a proposal.