Evening star., 1923-04-22
Holds Commission Can Ini-
tiate Investigations After
Consulting Him.
DISPUTE ON PROCEDURE
SETTLED AT CONFERENCE
Culbertson's Plan for Action With.
out Applications Being
Filed Upheld.

| The President has not abated one
jot his interest in and determination
TO have fully applied" the flexible
provisions of the Fordney- -McC lumber
| tariff act, according to statement
made public at the White House late
yesterday.
William S. Culbertson. vice chairman
Of the Tariff Commission, that investi-
cation under the flexible provisions
should not be limited to schedules and
subjects upon which applications had
b.cn filed, is sustained by the Presi-
dent.
The statement vas issuel in con-
rcctlon with the settlement by the
President of the controversy wh:cn
has ranged for months among mem
| bers OF the con mission as to proceed
ure under the flexible tariff provi-
sions. These provisions authorize the
President, following investigation ard
| report by the Tariff Commission, to
| lower or raise duties within a radius
of so per cent Of the duties set up by
the act.
| Brought TO q Head.
More than two months ago these
differences in the commission were
brought to a head when Mr.. Culbert-
son, who took a prominent part in
drafting the flexible provisions of
the tariff act, at the instance of the
President, while the tarin bill was
under consideration, put through a
| resolution providing for investiga-
! tions under these provisions Of sub
| jects related to others upon which
applications had been filed, and upon
new subjects.
Chairman Thomas o. Marvin Of the
Tariff Commission and Commissioser
| Burgess took issue with this pro-
cedure. The matter was carried to the
President by opponents Of Mr.. Gull
bertson's plan. The President was
about to depart for Florida. A deci-
sion in the matter was held up pend
ing his return to Washington.
Friday afternoon the President called
! in the members of the commission
and went fully into the matter Of
procedure. The statement issued at
/ the White House yesterday covers
i the decision of the President.
| 1t follows:
white House Statement.
AT q conference Friday afternoon
at the White House, President Hard
! ing considered with the Tariff Com
mission a program to put into efrec-
| tive operation the flexible provisions
Of the tariff act of September 21,
1929. The President laid stress upon
| the usefulness of this statute to the
| public, the producer and the con-
sumer, and indicated a strong desire
to see it fully applied.
Petitions and applications for in
| crease or reduction in rates are to
F, be considered by the commission in
| accordance with the executive order
| of October to determine whether
| formal Investigations are warranted.
| If the nature Of the subject 80 re-
! ouires, the commission will exercise
| the power to limit the inquiry or
| broaden it to include related subjects.
I'm cases where no petition has
been filed, whenever a preliminary
/ survey discloses sufficient grounds.
| under the law, the commission, after
| a conference with the President, will
| order such formal Investigations un-
| der section 315 as the facts may
warrant and the public interest re-
quire.
Each formal investigation, how
| ever instituted, will begin with an
| order giving public notice to all in
terested parties"
Can Start Investigations.
1t is clear from this statement that
there is no intention to limit the COM
mission in its Investigations to sub
jects upon which applications for
change in duties have been filed with
tho commission. 1t 10 Just as clear
that the commission has the author
| ity to initiate Investigations, follow
1 ing conference with the President.
, The commission is authorized, the
statement says, to order formal In
vestigations under the flexible pro-
visions whenever a preliminary sur
vey-such as arc made by. the COM
mission constantly into all manner OF
| subjects-discioses sufficient grounds
and after conference with the Presi-
dent
Specific mention is made in the state
ment Of the authority of the COM
mission, when considering subjects
upon which application has been
made for a change in duties, to limit
tho inquiry or to broaden 1t to include
related subjects. This is interpreted
as giving tho commission full author