Show I CAPITAL Ar rAffi supreme court and flexible tariff ASHINGTON coincident W with the prospect disclosed h here ere that the flexibility provision of tho the tariff act is to bg challenged in the courts bu on the ground of president hording harding has determined to go through with the program outlined by the tariff commission the president authorizes thomas 0 Sl arvin chairman of the tariff commission to go ahead with the am investigation estimation and to send out the notices announcing the proposed investigation into rates on seventeen commodities this la its a victory for chairman marln marvin vin und and his colleague on the commission william burgess igess who planned the hearings and a detent defeat fur for commissioner lioner william S culbertson vice chairman who wants to work vork to toward ward a scientific revision iel slon of duties the forthcoming investigation will in all probability result in litigation to determine the constitutional constitutionality it of the flexibility provision vesting in the president the power to change rates of duty it was questioned during tit the e consideration of the law in congress opponents of the plan predicted thit that the alie courts would declare it unconstitutional it Is understood that hostile to a flexible tariff have made preparations to carry the question into the courts af at the first opportunity the issue involved la Is merely whether congress has exceeded its authority in delegating to the president power which under the constitution lie lies only sonly in the legislative branch of thi the government ern ment defenders of the law hold that in restricting the presidents authority to change rates by not more mora than SO 50 per cent congress has enacted a legal delegation ot of power representative tyson dero dem ala who formerly was chief justice of 0 the supreme court of his state declares clarea de the flexible provisions of the tariff law are unconstitutional such provi provisions kons never before were incorporated in any bill he said these provisions attempt to confer elastic p powers upon the executive the constitution ution clearly imposes upon the legislative department of the government the power to lay and collect taxes duties imposts and excise to pay the debts and provide for the co common ninion defense and welfare of the united states that power can only be exercised by the congress and la Is the prescribing of the rates ot of duties upon imported articles Is the exercise of a function of legislative power denied to tile the eeoc nilve under the constitution |