New Britain herald., 1927-06-04
ployed legal talent to give 1t "a ride thrnuNh fhA courfa 1"


 through the courts"
 The flexible tariff law is one of those things which seems to work mostly In one direction. Primarily invented to yield . quick change in the tariff and make 1t possible to follow the varying changes in prices of foreign commodities entering this country. it Is curious to note that Is of the IT changes In the tariff rates made by presidential fiat have been on the upgrade. The two down. ward changes have been unimport- ant, being on paint brush handles and Bobwhite quail.
 The flexible tariff authorizes the President to increase or lower duties as much as 50 per cent. One would think that 1t would never be neces- sary to go the extreme length of 50 per cent in change of duties, but that has frequently occurred, the last time on February 23. when the President ordered the duty on pig iron increased from 76 cents a ton to $1.12 l-2 a ton-an increase of 50 per cent.
 President Coolidge evidently be- lieves in working the sliding tariff to the limit. whereas President Hard ing made no changes in the tariff rates in the first twelve months of its operation before his death in August, 1923. President Coolidge, since taking office, has made the IT changeA His first change. in March. 1924, were in the duties on wheat, flour. millfeeds, bran. etc, on which he increased the rates approximate ly 50 per cent, the limit allowed un- der the law. He has been lacking i up the tariff with consistent regular ity ever since. Some opposition and criticism naturally has resulted, and importers are inclined to begin a legal warfare to have their rights decided.
 Article One, sections one and eight of the Constitution seem to be quite clear on the point. Section one delegates the legislative power to Congress. and Section eight authorizes Congress to levy and col lect duties, imposts taxes, etc. It is clear from this. therefore. that the power to fix the amount of future tax lies with Congress alone and cannot be delegated to the Presi- dent. as the flexible law has it.
 The case that is vending it's way to the highest court has some points of interest. Under a proclamation of the President the duty on barium dioxtde was raised from { cents a pound to 6 cents a pound. The im- porting firm paid under protest, but the |. S. board Of general apprais- CTS, which has since been changed into a customs court. upheld the constitutionality of the provision at- lacked and affirmed the assessment. On appeal the U. S. court of cus- toms affirmed the decision, where upon an appeal to the Supreme Court was taken. Whether the high est court will grant a review and hear arguments on the case will be decided at the final meeting of the court on June 6. In case the review is granted, arguments cannot be heard until October.
 It would seem that the conten- ton of Senator Borah and many others, including numerous Demo- crats in Congress, that the flexible tariff law illegally delegated the legislative power of Congress to the President. is founded on logic. sup- porters of the sliding tariff. who claim that the power delegated is similar to that delegated to the h. terstate Commerce Commission in the making of railroad rates, seem to take rather far-fetched example for comparison.
 The flexible tariff principle is SUD- posed to confirm to the difference in cost of production at home and abroad. Nobody has ever been able to determine the exact costs of pro- duction abroad. however, so that the tariff changes made by the admin lstration are more the result of guasswork than of scientific con- parison Of costs of production.
 The Coolidge method is to in crease the tariff to the maximum whenever possible. This was done in the case of increased rates for on sodium nitrate. barium nitrate. Yer onal, oxalic acid. potassium chlo rate. taxi-metcrs, straw hats, butter, print rollers, methanel (methyl or wood alcohoD gold leaf and pig iron. \ex,o