Evening star., 1928-04-21

The decision of the United States
Supreme Court that the flexible tarin
In constitutional has revived debate as
to the advisability of maintaining a
system by which this form Of taxation
is subject To action by the President.
The court overruled the contention OF
the complainantS that the power Of
Congress could not be delegated by law.
Supporters Of the system urge that II
be tested 10 the fullest extent, while
opponents contend that the commission
simply is an instrument for political
administration OF the law.
1.-THE friends OF partisan and
businesslike application OF the protee-
tive principle" in the opinion OF the
Chicago Daily News independently /.
t'have ample ground for satisfaction in
the Supreme Courts decision. 1t Ii true
that the present tariff has 'fiexed only
one way--upward.' and that the COM
mission has disappointed many by It's
slowness. Its timidlty and its failure To
deal with important cases Of oVerpro-.
duction. But the personnel OF the COM
mission In subject TO change. as are
administrative policies. The next conn.,
mission may do better. Now that the
flexible tariff has been declared sound
in principle, IL should be given an ade~
quate trial under the best possible aus
ptces."
I'VE have noted a bit of surprised
comment over the country on the deci-
sion" says the Kansas City Times tin~
dependent), which advises that these
surprised commentators ought 10 look
up their John Marshall again and brush
up on the doctrine OF implied powers.
Or, If they don't want to go so far back,
there's the Interstate Commerce Com
mission 10 which Congress delegated
| Its powers to regulate commerce among
| the States and with the several indian
| tribes. Congress Is not re-
| stricted by the Constitution To one
specified way OF doing anything 1t Is
empowered to do"
y ##
| "Of course" remarks the San Antonio
| Express independent Democraticl, the
| Supreme Courts opinion does not stg-
/ gest any means OF speeding up this
work Anyhow, the so-cailed non~par-
/ tisan tariff body Is given an excuse f0r
| being" Referring 10 the fact that Mr.
| Coolidge has acted In 70 Instances, III"
creasing the rates In IN, lowering them
| hi and leaving unchanged" the
viously Is more pleasing to the protee"
| tionist than TO the die~hard free trader
but that has nothing 10 do with the
merit of the device The flexible tariii
may be useful In making effective any
/ administration policy. whether COM
mitted To high or low tarifi. In other
words. IL lis an efficient instrument for
carrying out the popular WILL
"The decision not only serves To clear
away all doubt about the flexible tariff
/ provision but adds another chapter tG
| the protective tariff policy which has
been In effect during most OF the cOun"
| try's history" states the indianapolis
News tindependentl. and the Buffalo
Evening News tKepublicanl expresses
| the view that Congress Is not well
adapted to give careful scientific study
| 10 the details OF customs duties" and
that the conditions which determine
| the Justice OF a rate may change from
year 10 year" The Beilingham Herald
| independent Republican, points out
that Congress could not he continually
| In session, or, II SO, IL could not con-
Venirnlly tinker necessarily with tins
tariff law to meet conditions arising
from fluctuations on foreign values "
| Expressing It's opn0sition. the Brook.
lyn Daily Eagle iindependenD snggeAts'
| ''ift las hope II will be enforced drAs.
| tieailY, Glen Grant used 20 say thai
AA}H HNaA F@} Va ENb A8N We 1@a tAW -
Ia enforce II. II business men do moi
| like 10 have the value Of their stock In
trade affected by 0fihand adminlstra.
ton fiat. II they would like t0 have
values stable under tlAed rates, II In ur
t0 them 10 see That The Law h amended
az wiped Ont,
|
Thus III the right tn establish b,ireaui
and commissions with power both judi
olal aid legislative re-smphaaiEed,
states the Houston uhf0nirls G1eHn.
ofatiel. which adds "'Thal tie uDnatl.
tuition trainers ioreaaw nothing III tht
Kind may be taken for Rtanted thai
they left the way open 10 II, however
ID the assertion OF The Supreme Court
Which reminds ns That nsr G0nstitll'
tl0n today Ia largely what II u inter
! nratAd b he. The wQgda 'Mnd nhgshAI