Domestic Commerce in the Department of Commerce shall be transferred to said commission, and the clerks and employees of said division shall be transferred to and become clerks and employees of the commission, and all records, papers, and property of the said division and of the former tariff board shall be transferred to and become the records, papers, and property of the commission.

"SEC. 706. That for the purpose of carrying this title into effect the commission or its duly authorized agent or agents shall have access to and the right to copy any document, paper, or record, pertinent to the subject matter under investigation, in the possession of any person, firm, copartnership, corporation, or association engaged in the production, importation, or distribution of any article under investigation, and shall have power to summon witnesses, take testimony, administer oaths, and to require any person, firm, copartnership, corporation, or association to produce books or papers relating to any matter pertaining to such investigation. Any member of the commission may sign subpoenas, and members and agents of the commission, when authorized by the commission, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.

"Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place of hearing. And in case of disobedience to a subpoena the commission may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any corporation or other person, issue an order requiring such corporation or other person to appear before the commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof.

"Upon the application of the Attorney-General of the United States, at the request of the commission, any such court shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this title or any order of the commission made in pursuance thereof.

"The commission may order testimony to be taken by deposition in any proceeding or investigation pending under this title at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person, firm, copartnership, corporation, or association may be compelled to appear and depose and to produce

documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commission, as hereinbefore provided.

"Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking same, except employees of the commission, shall severally be entitled to the same fees and mileage as are paid for like services in the courts of the United States: Provided, That no person shall be excused, on the ground that it may tend to incriminate him or subject him to a penalty or forfeiture, from attending and testifying, or producing books, papers, documents, and other evidence, in obedience to the subpoena of the commission; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which, in obedience to a subpoena and under oath, he may so testify or produce evidence, except that no person shall be exempt from prosecution and punishment for perjury committed in so testifying.

"SEC. 707. That the said commission shall in appropriate matters act in conjunction and co-operation with the Treasury Department, the Department of Commerce, the Federal Trade Commission, or any other departments, or independent establishments of the Government, and such departments and independent establishments of the Government shall co-operate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its request, all records, papers, and information in their possession relating to any of the subjects of investigation by said commission, and shall detail, from time to time, such officials and employees to said commission as he may direct.

"SEC. 708. It shall be unlawful for any member of the United States Tariff Commission, or for any employee, agent, or clerk of said commission, or any other officer or employee of the United States, to divulge, or to make known in any manner whatever not provided for by law, to any person, the trade secrets or processes of any person, firm, copartnership, corporation, or association embraced in any examination or investigation conducted by said commission, or by order of said commission, or by order of any member thereof. Any offense against the provisions of this section shall be a misdemeanor and be punished by a fine not exceeding $1000, or by imprisonment not exceeding one year, or both, in the discretion of the court, and such offender shall also be dismissed from office or discharged from employment. The commission shall have power to investigate the Paris Economy Pact and similar organizations and arrangements in Europe. "SEC. 709. That there is hereby appropriated, for the purpose of defraying the expense of the establishment and maintenance of the commission, including the payment of salaries herein

authorized, out of any money in the Treasury of the United States not otherwise appropriated, the sum of $300,000 for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for each fiscal year thereafter a like sum is authorized to be appropriated."

As has been heretofore stated, the power "to lay and collect taxes, duties, imposts and excises" is vested in Congress. (Chapter I, Section 1.) This power cannot be delegated to other branches of the Government. There is, therefore, under this statute no delegation of power to the Tariff Commission to raise or lower existing tariff schedules; but it is rather the function of the Commission to gather all useful information for submission to Congress, with which must rest the final determination as to the tariff policies to be followed by the Government, as will be observed from the following:

[Special to the New York Times.]

"Atlantic City, N. J., May 29, 1918.-Frank W. Tausig, Chairman of the United States Tariff Commission and a member of the Price Fixing Committee of the War Industries Board, expressed the conviction before the American Hardware Manufacturers' Association to lay that America will emerge from the war 'with a broader and possibly a very different attitude toward the regulation of business.'

"Chairman Tausig told the manufacturers that it was not the function of the Tariff Commission to frame America's future tariff policies. It is the duty of that body,' he said, 'systematically and efficiently to collate all possible information bearing upon the question for the intelligent guidance of Congress, but not to go beyond presenting a foundation for action.

""The question of policy rests entirely with Congress, and it is almost inevitable that it will be shaded by the political complexion of that body. There is now a tendency in Congress to regard legislation from an American standpoint solely. We are to have an election this fall, however, and a Presidential election in 1920, both of which may have bearing upon the enactment of a tariff bill to meet conditions following the war.'"

CHAPTER XLV

PROSPECTIVE TARIFF LEGISLATION

The Framing of the Tariff

SEC. 1. As it is no part of the function of the Tariff Commission created under the Act of September 8, 1916, to formulate tariff schedules, or to determine future tariff policies of the Government, it becomes a matter of considerable interest to the American importer, or manufacturer, to know how such policies are to be determined, and it may therefore be stated that while it is the function of the Tariff Commission to systematically and efficiently collate all possible information for the intelligent guidance of Congress in the consideration of tariff legislation, it cannot formulate policies nor go beyond presenting a foundation for legislative action.

As has been stated, "the power to lay and collect taxes, duties, imposts and excises" is vested in Congress. (Chapter I, Section 1.)

By Section VII of Article I of the Constitution it is provided that:

"All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills."

It is also provided by Section V of Article I of the Constitution that:

"Each House may determine the rules of its proceedings. . . .

Accordingly, both Houses of Congress have provided for committees, to which are referred for

preliminary consideration and report, matters involving proposed legislation.

Thus, to the "Committee on Ways and Means of the House of Representatives" are referred matters involving proposed tariff legislation, and it is the function of that committee to prepare and submit for the consideration of Congress bills raising revenue from imports. After passage of such bills by the House of Representatives the Senate may concur in such action or it may propose amendments thereto, for which purpose such bills are referred to the "Committee on Finance of the United States Senate" for appropriate consideration and report.

To aid in the consideration of proposed tariff measures it is usually the practice of the "Committee on Ways and Means" of the House of Representatives and of the "Finance Committee" of the United States Senate to hold public hearings at which American importers, manufacturers, producers and others interested may present their views suggesting new or criticising proposed legislation in so far as it may affect their particular interests or those of the Nation at large.

The Existing Tariff Conditions

SEC. 2. While the Tariff Act of October 3, 1913, as amended by recent legislation, and the various provisions of the Revised Statutes and other laws cited in the foregoing chapters of this volume have not been repealed, and therefore remain in full force and effect at this time (July 1, 1919), nevertheless, the free and unrestricted operation of those laws has been more or less suspended by the various war measures enacted by Congress during the years