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 
