Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-26
SMOOT SUBMITS
TARIFF REPORT
Democrats and Independents
Plan Opposition, Particular
Iy to Flexible Clause.
BY the Associated Press.

By the Associated Press.
The supplemental conference report
on the tariff bill, including the COM
promise flexible provision, was submit
ted to the Senate today by Senator
Smoot, chairman of the Senate con-
ferees. It will be taken UP tomorrow
and debated at least the remainder of
the week.
Democrats and Republican independ-
ents formulated plans to oppose the
report, particularly that part relating
to the new flexible plan and elimina-
ton Of the debenture amendment.
Republican leaders reiterated mean
while that President Hoover approved
the flexible provision and that Attorney
General Mitchell regarded it as impreg-
nable against attack on constitutional
grounds.
With elimination Of the debenture
vigorously opposed by the administra-
ton, and provision for a flexible clause
satisfactory to the President, the con-
gressional party cf1ieftains believed Mr.
Hoover would sign the bill If sent to
him as it now stands.
An apparently serious disagreement
on the flexible provisions between Presi-
dent Hoover and the conferees Of the
House and Senate proved only a mis-
understanding and the last obstacle in
the way of immediate introduction of
the conference report was removed.
Attack Constitutionality.
The first of these was a contention
that the plan for emergency customs
rate changes worked out by the con-
ference committee Is unconstitutional.
This authorizes the Tariff Commission
to recommend increases or decreases
within q limit of so per cent, which
would become effective at the expiration
Of so days, unless put into operation
sooner by the President or specifically
diSapproved by him.
The leaders Of the coalition consider
that this Is an unlawful delegation of
the taxing power to the commission
Over the week end there were definite
indications that the plan was unsatiS-
factory to President Hoover and for
nearly "a hours the fate of the tariff
bill seemed In doubt.
However, when Mr.. Hoover returned
from his fishing preserve In the Blue
Ridge Mountains late yesterday, he i'm
uiCuAaCe1y DcSdu eSIIcS O1 COL1IeIeLCeS
which resulted in an announcement
that he had been misinformed as to
the exact provisions of the compromise
and that it had his approval.
The Chief Executive was said by
those who discussed the situation with
him to have been hearty In his appro-
baton once the fundamental misun-
Outstanding, which arose from a report
Of the conference agreement that was
telephoned to him at his mountain
camp, had been removed.
Point Of Order Is Involved,
Under existing law the President is
empowered to order changes in the
tariff rates upon recommendation of
the commission, but they cannot be-
come effective without his approval
The conference plan. in addition to set
ting a time limit for unfavorable presi-
Dental action, broadens the basis OF
any action by the commission to in
clude not only production costs, as al
present, but invoice values and COM
petitive conditions as WELL This pro-
vision met the particular approval Of
the President, as he considered that II
would remove unnecessary delay In the
commissions deliberations
The second point of attack selected
by the coalition was a point of order
based upon the contention that the
conferees had exceeded their author
ity in adjusting the rates on cheese
Should the point of order be sustained
the measure would be returned to con-
ference, and there is a division of opin-
ion as to whether the entire bill or only
the schedules in question would ther
be open to revision,