tariff for profit. No reasonable person would contemplate the deliberate 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 requires the aid of experts to furnish the foundation for intelligent action. 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 congress sufficient to justify the appointment of a permanent governmental 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 domestic 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 agitation as of enough importance to warrant the passage of any law concerning it. In the senate, however, the finance committee were convinced of its sincerity. Several bills for a tariff commission had been introduced. Those proposing that such a commission should have power to fix rates, even within certain limits to be prescribed by congress, overstepped 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 amendment 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
