Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-30
Member Of the Associated Press.
Delegated Power.

ible provisions Of the tariff law, with
a coalition of Democrats and Repub-
lican progressives aligned against these
provisions which President Hoover
deems essential. Both camps claim vic
tory and 1t is admitted that the vote
will be close. If the coalition wins.
some of its leaders believe that 1t will
be able to write the tariff bill in the
Senate as it desires to do. The vote.
therefore, provides a real test OF
strength between the contending fac-
tions in the Upper House. It will, to
some extent, also measure the influence
of President Hoover in the Senate. The
House stood by the flexible provisions,
and it is presumed that 1t will continue
to stand back of them. The fight in
the end may shape up largely as did the
fight over the debenture amendment
offered in the Senate when the farm
relief bill was under consideration. The
President and the House prevailed
finally in that fight against the Senate.
Democrats and insurgents raise the
shout that by the flexible provisions OF
the tariff bill the Congress Is stripped
of the power granted it by the Constl-
tution-the power of levying taxes
They are opposing the delegation OF
power to the President, who by the
flexible provisions Of the bill Is author
lied to raise or lower to the extent OF
fifty per cent the tariff rates on COM
modities imported into this country,
after a thorough investigation and re-
port by the United States Tariff Com
mission. Much the same provision Is
carried in the existing law, which was
enacted in 1922. The purpose Is TO
grant relief either to the American pro-
ducers who may need further pro-
lection against foreign competitors or
to the American consumer who may De
forced to pay too high prices for other
commodities under changed conditions.
Tariff laws are few and far between and
industries and consumers may sufier
for years unless some such power Is
placed in the hands Of the Executive.
The delegation Of power does not
appear too great. Congress has fixed
limits within which the tariff rates may
be lifted or lowered It has provided
for an investigation by the Tariff Com
mission, composed Of experts, before
change is made by the President. Fur
thermore, Congress has been delegating
power practically ever since 1t began to
function one hundred and forty years
ago. One of the most glaring exam
piles Of the delegation Of power is found
in the rate fixing for all the interstate
railroads by the Interstate Commerce
Commission. Congress, through the In
terstate clause of the Constitution, has
power to regulate. 1t fixes no rates at
all. The commission to which it has
delegated" the power makes all the
rates for all the tremendous traffic OF
commerce across the country-North
East, South and West. The only direc-
ton given the commission by the Con-
gress is that the rates shall be reason
able. The Congress, through the fiex-
ible provisions of the tariff law, gives
to the President and to a commission
created by itself the power to change
tariff duties when the change is war
ranted. There has been no evidence that
the power has been abused during the
seven years the present law has been
in effect.
The coalition has advanced plan
whereby the f1exibility of the tariff
laws shall continue, in q measure, but
with Congress making the final de-
cision. In other words, the Tariff Com
mission Is to report to Congress when
there is demand for revision Of a
certain schedule and Congress, not the
President, is to make the new rate.
So that single schedule may be dealt
with, without the danger Of having a
thousand amendments hung upon the
legislation and general revision of
the tariff law ensue, it is proposed that
amendments not absolutely germane are
not to be in order when Congress con-
siders the report of the Tariff Com
mission. The coalition has been clever
in offering this substitute. A mere
demand for the repeal Of the flexible
provisions might leave them open to
more criticism. Their substitute, how
ever, may make its appeal to some of
the members of Congress, who are pro-
verbally jealous of their power.