hampton argued march decided april walter hampton new york city petitioner attorney general mitchell sol washington chief justice taft delivered opinion hampton made importation new york barium dioxide collector customs assessed dutiable rate six cents per pound two cents per pound fixed statute paragraph stat usca par rate raised collector virtue proclamation president treas issued authority section title tariff act september stat usca flexible tariff provision protest made appeal taken section part title chapter stat usca case came hearing customs treas majority held act constitutional thereafter case appealed customs appeals day october attorney general certified opinion case importance render expedient review thereafter judgment customs affirmed cust app petition certiorari filed may writ granted june pertinent parts section title tariff act chapter stat tit usca follows order regulate foreign commerce put force effect policy congress act intended whenever president upon investigation differences costs production articles wholly part growth product like similar articles wholly part growth product competing foreign countries shall find thereby shown duties fixed act equalize said differences costs production principal competing country shall investigation ascertain said differences determine proclaim changes classifications increases decreases rate duty provided act shown said ascertained differences costs production necessary equalize thirty days date proclamation proclamations changes classification shall take effect increased decreased duties shall levied collected paid articles imported foreign country possessions except philippine islands virgin islands islands guam tutuila provided total increase decrease rates duty shall exceed per centum rates specified title act amendatory act ascertaining differences costs production provisions subsidivisions section president far finds practicable shall take consideration ences conditions production including wages costs material items costs production similar articles competing foreign countries differences wholesale selling prices domestic foreign articles principal markets advantages granted foreign producer foreign government person partnership corporation association foreign country advantages disadvantages competition assist president ascertaining differences costs production section shall made tariff commission proclamation shall issued section investigation shall made commission shall give reasonable public notice hearings shall give reasonable opportunity parties interested present produce evidence heard commission authorized adopt reasonable procedure rules regulations may deem necessary president proceeding hereinbefore provided proclaiming rates duty shall determines shown differences costs production changed longer exist led proclamation accordingly shown modify terminate nothing section shall construed authorize transfer article dutiable list free list free list dutiable list change form duty whenever provided paragraph title act duty duties shall exceed specified ad valorem rate upon articles provided paragraph rate determined provision section upon articles shall exceed maximum ad valorem rate specified president issued proclamation may stat reciting part foregoing section proclamation continued follows virtue said section said act tariff commission made investigation assist president ascertaining differences costs production facts conditions enumerated said section respect barium dioxide course said investigation hearing held reasonable public notice given parties interested given reasonable opportunity present produce evidence heard whereas president upon said investigation thereby found said principal competing country germany duty fixed said title act equalize differences costs production germany ascertained determined increased rate duty necessary equalize therefore calvin coolidge president america hereby determine proclaim increase rate duty provided said act shown said ascertained differences said costs production necessary equalize follows increase said duty barium dioxide within limit total increase provided said act cents per pound cents per pound witness whereof hereunto set hand caused seal affixed done city washington nineteenth day may year lord one thousand nine hundred independence america one hundred calvin coolidge president charles hughes secretary state issue constitutionality section upon depends authority proclamation president two six cents per pound duty collected petitioner contention taxpayers argue section invalid delegation president legislative power article constitution vested congress power declared section article congress shall power lay collect taxes duties imposts excises second objection section enacted avowed intent purpose protecting industries invalid constitution gives power lay taxes revenue first seems clear congress intended section plan secure law imposition customs duties articles imported merchandise equal difference cost producing foreign country articles question laying sale cost producing selling like similar articles duties secure revenue time enable domestic producers compete terms equality foreign producers markets may difficult fix exactness difference difference sought statute perfectly clear perfectly intelligible difficulty practically determining difference congress seems doubted information possession enable make adjustment accurately also apprehended changing conditions difference might vary way readjustments necessary give effect principle statute proceeds avoid difficulties congress adopted section method describing clearness policy plan authorizing member executive branch carry policy plan find changing difference time time make adjustments necessary conform duties standard underlying policy plan matter great importance concluded give statute president chief executive branch function determining difference might vary provided body investigators assist obtaining needed data asscertaining facts justifying readjustments specific provision action president might invoked act presumed president body advisers keep advised necessity investigation change proceed pursue duties act reach conclusion might find justified investigation proclaim necessary tariff commission fix duties president reaches conclusion subject investigation tariff commission must make investigation must give notice parties interested opportunity adduce evidence heard maxim potestas non potest delegari applicable law agency general common law well understood wider application construction federal state constitutions private law federal constitution state constitutions country divide governmental power three branches first legislative second executive third judicial rule actual administration government congress legislature exercise legislative power president state executive governor executive power courts judiciary judicial power carrying constitutional division three branches breach national fundamental law congress gives legislative power transfers president judicial branch law attempts invest members either executive power judicial power say three branches parts one government field duties may invoke action two branches far action invoked shall assumption constitutional field action another branch determining may seeking assistance another branch extent character assistence must fixed according common sense inherent necessities governmental field congress involves many varieties legislative action congress found frequently necessary use officers executive branch within defined limits secure exact effect intended acts legislation vesting discretion officers make public regulations interpreting statute directing details execution even extent providing penalizing breach regulations grimaud union bridge buttfield stranahan kollock oceanic steam navigation stranahan congress may feel unable conveniently determine exactly exercise legislative power become effective dependent future conditions may leave determination time decision executive often happens matters state legislation may left popular vote residents district affected legislation sense one may say residents exercising legislative power exact statement power already exercised legislatively body vested power constitution condition legislation going effect made dependent legislature expression voters certain district judge ranney ohio cincinnati wilmington zanesville railroad commissioners ohio said case true distinction therefore delegation power make law necessarily involves discretion shall conferring authority discretion execution exercised pursuance law first done latter valid objection made see also moers reading locke appeal one great functions conferred congress federal constitution regulation interstate commerce rates exacted interstate carriers passenger merchandise traffic rates fixed myriad congress required fix every rate impossible exercise power therefore common sense requires fixing rates congress may provide mission called interstate commerce commission fix rates hearing evidence argument concerning interested parties accord general rule congress first lays rates shall reasonable considering service given discriminatory said interstate commerce commission goodrich transit ed congress may delegate purely legislative power commission laid general rules action commission shall proceed may require commission application rules particular situations investigation facts view making orders particular matter within rules laid congress principle upon power upheld state legislation fixing railway rates admirably stated judge mitchell case state chicago milwaukee paul railway learned judge says page power exercised satisfactorily done board commission constantly session whose time exclusively given subject investigation facts fix rates reference peculiar circumstances road particular kind business change modify rates suit varying conditions traffic legislature gone step others vested commission full power determine rates equal reasonable particular case whether wise us say see transcended constitutional authority delegated commission authority discretion law shall merely conferred upon authority discertion exercised execution law pursuance entirely permissible legislature passed upon expediency law shall commission intrusted authority discretion upon questions see also language justices miller bradley case chicago minnesota ex rel railroad commission conceded counsel congress may use executive officers application enforcement policy declared law congress authorize officers application congressional declaration enforce regulation equivalent law said never permitted done congress exercised power levy taxes fix customs duties authorities make distinction principle permits congress exercise power interstate commerce declaring rule shall prevail legislative fixing rates enables remit body created accordance provisions fixing rates justifies similar provision fixing customs duties imported merchandise congress shall lay legislative act intelligible principle person body authorized fix rates directed conform legislative action forbidden delegation legislative power thought wise vary customs duties according changing conditions production home abroad may authorize chief executive carry purpose advisory assistance tariff commission appointed congressional authority conclusion amply sustained case advisory sion furnished case gave fullest consideration nearly years ago marshall field clark ed third section act october stat contained provision view secure reciprocal trade countries producing following articles purpose first day january eighteen hundred whenever often president shall satisfied government country producing exporting sugars molasses coffee tea hides raw uncured articles imposes duties exactions upon agricultural products view free introduction sugar molasses coffee tea hides may deem reciprocally unequal unreasonable shall power shall duty suspend proclamation effect provisions act relating free introduction sugar molasses coffee tea hides production country time shall deem case suspension duties shall lived collected paid upon sugar molasses coffee tea hides product exported designated country follows namely followed certain rates duty imposed contended section delegated president legislative making powers unconstitutional examination authorities said congress delegate legislative power president act real sense invest president power legislation nothing involving expendiency operation legislation left determination president legislative power exercised congress declared suspension take effect upon named contingency president required merely execution act congress making law mere agent lawmaking department ascertain declare event upon expressed take effect second second objection section declared plan congress either expressly clear implication formulates rule guide president advisory tariff commission one directed tariff system protection avoid damaging competition country industries importation goods countries low rate equalize foreign domestic competition markets contended power congress levying customs duties create revenue unconstitutional frame customs duties view revenue raising undoubtedly true political life country much discussion parties wisdom policy protection may go say constitutionality historian whatever view wisdom policy protection contend congress since first revenue act stat assumed within power making provision collection revenue put taxes upon importations vary subjects taxes rates effort encourage growth industries nation protecting home production foreign competition enough point second act adopted congress july chapter stat contained following recital whereas necessary support government discharge debts encouragement protection factures duties laid goods wares merchandises imported enacted etc first congress sat many members constitutional convention repeatedly laid principle contemporaneous legislative exposition constitution founders government framers constitution actively participating public affairs long acquiesced fixes construction given provisions myers cases cited enactment enforcement number customs revenue laws drawn motive maintaining system protection since revenue law matters history hundred years later titles tariff acts stat stat declared purpose acts among things encouraging industries title tariff act stat section part act provide revenue regulate commerce foreign countries encourage industries purposes whatever may think wisdom protection policy hold unconstitutional long motive congress effect legislative action secure revenue benefit general government existence motives selection subjects taxes invalidate congressional action said child labor tax case ed occasionally imposed discretion legislature proper subjects primary motive obtaining revenue incidental motive discouraging making continuance onerous lose character taxes incidental motive fact congress declares one motives fixing rates duty fix shall encourage industries country competition producers countries sale goods country invalidate revenue act framed section provisions within power congress judgment customs appeals affirmed