THE TARIFF BOARD 387 



tariff for profit. No reasonable person would contemplate the deliber- 

 ate formation of such a tariff. It has doubtless been brought about 

 as a result of certain schedules, but was presumably unintended by the 

 framers. It is here that legislative machinery breaks down and re- 

 quires the aid of experts to furnish the foundation for intelligent ac- 

 tion. It is conceded that congressmen have no time, even if they have 

 the capacity and inclination, to find out and properly correlate all the 

 intricate items of supply and demand; weigh the variations of cost of 

 production here and abroad, and finally to estimate the relative amount 

 of protection and revenue, which will be yielded according as the duty 

 is more or less. A schedule which produces a large revenue may not 

 be protective and one which is protective may produce no revenue at all. 

 But between these extremes are numberless shifting conditions where 

 the amounts of protection and revenue vary as the duty is higher or 

 lower. 



Previous to about a year ago these reasons did not appear to con- 

 gress sufficient to justify the appointment of a permanent govern- 

 mental agency to inquire and find out in regard to this subject. But 

 the agitation surrounding the framing of the Payne tariff bill was 

 such that congress in August, 1909, passed a law which recognizes the 

 need of such a board. Merchants and manufacturers throughout the 

 country were emphatic in their demand for it. The great body of 

 manufacturers had begun to realize that their foreign as well as do- 

 mestic trade was seriously damaged or ruined, for the benefit of a few 

 industries, which were making an excessive profit. 



The popular branch of congress did not at first regard this agita- 

 tion as of enough importance to warrant the passage of any law concern- 

 ing it. In the senate, however, the finance committee were convinced 

 of its sincerity. Several bills for a tariff commission had been intro- 

 duced. Those proposing that such a commission should have power to 

 fix rates, even within certain limits to be prescribed by congress, over- 

 stepped the domain of a commission for the reasons already stated. 

 Others were within the proper field. On July 3, 1909, while the Payne 

 bill was before the senate, the finance committee reported an amend- 

 ment which provided for maximum and minimum rates. The general 

 duties in the bill were to constitute the minimum tariff, and the 

 amendment provided that from and after March 31, 1910, there 

 should be added to the general duties a further one of 25 per 

 cent, ad valorem, which was to constitute the maximum rate. It was 

 further provided that, whenever after March 31, 1910, and so long 

 thereafter as the president shall be satisfied that any foreign country 

 imposes no discriminations or restrictions, against the United States, 

 either by way of rates, regulations, charges, exactions or in any other 

 manner, directly or indirectly, upon the importation of the products 



