CHAPTER XII

MR. TAFT AND REPUBLICAN DISINTEGRATION

In spite of the stirring of new economic and political forces which

marked Mr. Roosevelt's administration and his somewhat radical

utterances upon occasion, there was no prominent leader in the

Republican party in 1908, except Mr. La Follette of Wisconsin, who was

identified with policies which later came to be known as "progressive."

Although Mr. Hughes, as governor of New York, had enlisted national

interest in his "fight with the bosses," he was, by temperament,

conservative rather than radical, and his doctrines were not primarily

economic in character. Other Republican aspirants were also of a

conservative cast of mind, Mr. Fairbanks, of Indiana, Mr. Knox, of

Pennsylvania, Mr. Cannon, of Illinois, all of whom were indorsed for the

presidency by their respective states. The radical element among the

Republicans hoped that Mr. Roosevelt would consent to accept a "second

elective term"; but his flat refusal put an end to their plans for

renomination.

Very early in his second administration, Mr. Roosevelt made it clear

that he wanted to see Mr. W. H. Taft, then Secretary of War, designated

as his successor; and by the judicious employment of publicity and the

proper management of the Federal patronage and the southern Republican

delegates, he materially aided in the nomination of Mr. Taft at Chicago,

in June, 1908. The Republican platform of that year advocated a revision

of the tariff, not necessarily downward, but with a due regard to

difference between the cost of production at home and abroad; it favored

an amendment of the Sherman anti-trust law in such a manner as to give

more publicity and the Federal government more supervision and control;

it advocated the regulation of the issuance of injunctions by the

Federal courts; it indorsed conservation and pledged the party to

"unfailing adherence" to Mr. Roosevelt's policies. This somewhat

noncommittal platform was elaborated by Mr. Taft in his speech, after a

conference with Mr. Roosevelt; the popular election of Senators was

favored, an income tax of some kind indorsed, and a faintly radical

tinge given to the party document.

The nomination of Mr. Bryan by the Democrats was a foregone conclusion.

The debacle of 1904 had demonstrated that the breach of 1896 could not

be healed by what the western contingent called "the Wall Street crowd";

and Mr. Bryan had secured complete control of the party organization.

The convention at Denver was a personal triumph from beginning to end.

Mr. Bryan mastered the proceedings and wrote the platform, and received

the most telling ovation ever given to a party leader by a national

convention.

Having complete control, Mr. Bryan attempted what the politicians who

talked most aggressively about the trusts had consistently refused to

do--he attempted to define and precisely state the remedies for

objectionable combinations. Other leaders had discussed "good" and

"bad" trusts, but they had not attempted the mathematics of the problem.

In the platform of his party, Mr. Bryan wrote: "A private monopoly is

indefensible and intolerable. We therefore favor the vigorous

enforcement of the criminal law against guilty trust magnates and

officials and demand the enactment of such additional legislation as may

be necessary to make it impossible for private monopoly to exist in the

United States." In this paragraph, there is of course nothing new; but

it continues: "Among the additional remedies we specify three: first, a

law preventing the duplication of directors among competing

corporations; second, a license system which will, without abridging the

rights of each state to create corporations or its right to regulate as

it will foreign corporations doing business within its limits, make it

necessary for a manufacturing or trading corporation engaged in

interstate commerce to take out a federal license before it shall be

permitted to control as much as 25 per cent of the product in which it

deals, a license to protect the public from watered stock and to

prohibit the control by such corporation of more than 50 per cent of the

total amount of any product consumed in the United States; and third, a

law compelling such licensed corporations to sell to all purchasers in

all parts of the country on the same terms after making due allowance

for cost of transportation."

In dealing with railway corporations, the Democratic platform proposed

concretely the valuation of railways, taking into consideration the

physical as well as other elements; an increase in the power of the

Interstate Commerce Commission, giving it the initiative with reference

to rates and transportation charges and the power to declare any rate

illegal on its own motion, and to inspect railway tariffs before

permitting them to go into effect; and finally an efficient supervision

and regulation of railroads engaged in interstate commerce.

Mr. Bryan's proposals, particularly with regard to trusts, were greeted

with no little derision on the part of many practical men of affairs,

but they had, at least, the merit of being more definite in character

than any statement of anti-trust policy which had been made hitherto,

except by the Socialists in advocating public ownership. The

Republicans, for example, contented themselves with simply proposing the

amendment of the Sherman law in such a manner as to "give to the federal

government greater supervision and control over and secure greater

publicity in the management of that class of corporations engaged in

interstate commerce having power and opportunity to effect monopolies."

The campaign of 1908 was without any specially dramatic incidents. The

long stumping tours by all candidates did not seem to elicit the

old-time enthusiasm. The corporation interests that had long financed

the Republican party once more poured out treasure like water (as the

Clapp investigation afterward revealed in 1912); and Mr. Bryan attempted

a counter-movement by asking for small contributions from each member of

his party, but he was sadly disappointed by the results. The Democratic

national committee announced that it would receive no contributions from

corporations, that it would accept no more than $10,000 from any

individual, and that it would make public, before the election, all

contributions above $100. Mr. Bryan also challenged Mr. Taft to make

public the names of the contributors to his fund and the amount received

from each. The Republican managers replied that they would make known

their contributors in due time as required by the law of the state of

New York where the headquarters were located, and Mr. Taft added that he

would urge upon Congress the enactment of a law compelling full

publicity of campaign contributions.[79]

In the election which followed, Mr. Bryan was defeated for the third

time. His vote was somewhat larger than it was in 1900, and nearly a

million and a half above that cast for Mr. Parker in 1904. But Mr. Taft

more than held the strength of his predecessor as measured by the

popular vote, and he received 321 electoral votes against 162 cast for

his opponent. Once more, the conservative press announced, the country

had repudiated Populism and demonstrated its sound, conservative

instincts.

When Mr. Taft took the oath of office on March 4, 1909, he fell heir, on

his own admission, to more troublesome problems than had been the lot of

any President since Lincoln's day. His predecessor had kept the country

interested and entertained by the variety of his speeches and

recommendations and by his versatility in dealing with all the social

questions which were pressing to the front during his administration.

Mr. Roosevelt was brilliant in his political operations, although he had

been careful about attempting to bring too many things to concrete

issue. Mr. Taft was matter-of-fact in his outlook and his expectations.

The country had been undergoing a process of education, as he put it,

and now the time had come for taking stock. The time had come for

putting the house in order and settling down to a period of rest. If

there were signs on the horizon which warned Mr. Taft against this

comfortable view, his spoken utterances gave no sign of recognition.

_Legislative Measures_

The first task which confronted him was the thorny problem of the

tariff. His predecessor had given the matter little attention during his

administration, apparently for the reason that it was, in his opinion,

of little consequence as compared with the questions of railways,

trusts, great riches, and labor. But action could not be indefinitely

postponed. Undoubtedly there was a demand in many parts of the country

for a tariff revision. How widespread it was, how much it was the

creation of the politicians, how intelligent and deep-seated it was, no

one could tell. Nevertheless, more than ten years had elapsed since the

enactment of the Dingley law of 1897, and many who did not entertain

radical views on the subject at all joined in demanding a revision on

the ground that conditions had materially changed. The Republican

platform had promised revision on the basis that the true principle of

protection was best maintained by the imposition of such duties "as

will equal the difference between the cost of production at home and

abroad, together with a reasonable profit to American industries." Mr.

Taft in his speech of acceptance had promised revision, on the theory

that some schedules were too high and others too low; and his language

during the campaign had been interpreted to mean a more severe downward

revision than he had doubtless contemplated.

In accordance with party pledges Mr. Taft called Congress in a special

session on March 11, 1909, and after a hotly contested battle the

Payne-Aldrich tariff act was passed. The President made no considerable

effort to force the hand of Congress one way or the other, and he

accepted the measure on the theory that it was the best tariff law that

could be got at the time. Indeed, it was pointed out by members of his

party that the bill contained "654 decreases in duty, 220 increases, and

1150 items of the dutiable list in which the rates were unchanged." It

was also stated that the bill was framed in accordance with the spirit

of the party platform which had made no promise of a general sweeping

reduction. It was admitted, however, that precise information upon the

difference between the cost of production at home and abroad could not

have been obtained in time for this revision, but a tariff board was

created by law for the purpose of obtaining the desired information, on

the basis of which readjustments in schedules could be made from time to

time.

On April 9, 1909, the Payne tariff act passed the House, one Republican

voting against it and four Democrats from Louisiana voting in favor of

it. This vote, however, was of no significance; the real test was the

vote on the several amendments proposed from time to time to the

original bill, and on these occasions the Democratic lines were badly

broken. On April 12, Mr. Aldrich introduced in the Senate a tariff bill

which had been carefully prepared by the finance committee of which he

was chairman. This measure followed more closely the Dingley law, making

no recommendations concerning some of the commodities which the House

had placed on the free list, and passing over the subject of income and

inheritance taxes without remark. The Aldrich measure was bitterly

attacked by insurgent Republicans from the West,--Senators Dolliver and

Cummins, of Iowa, La Follette, of Wisconsin, Beveridge, of Indiana, and

Bristow, of Kansas,--who held out to the last and voted against the

bill, even as amended, on its final passage, July 8. The conference

committee of the two Houses settled their differences by July 30, and on

August 5 the tariff bill became a law.

There were several features of the transaction which deserve special

notice. Very early in the Senate proceedings on the bill, an income tax

provision was introduced by Senators Cummins and Bailey, and it looked

as if enough support could be secured from the two parties to enact it

into law. Although President Taft, in his acceptance speech, had

expressed an opinion to the effect that an income tax could be

constitutionally enacted notwithstanding the decision of the Supreme

Court in the Income Tax cases, he blocked the proposal to couple an

income tax measure with the tariff bill, by sending a special message

on June 16, recommending the passage of a constitutional amendment

empowering Congress to levy a general income tax, and advising a tax on

the earnings of corporations. His suggestions were accepted by Congress.

The proposed amendment to the Constitution was passed unanimously by the

Senate, and by an overwhelming majority in the House,[80] and a tax on

the net incomes of corporations was also adopted. A customs court to be

composed of five judges to hear appeals in customs cases was set up, and

a tariff commission to study all aspects of the question, particularly

the differences between cost of production in the United States and

abroad, was created.

Revision of the tariff had always been a thankless task for any party.

The Democrats had found it such in 1894 when their bill had failed to

please any one, including President Cleveland, and when for collateral

or independent reasons a period of industrial depression had set in. The

McKinley bill of 1890 had aroused a storm of protest which had swept the

Republicans out of power, and it is probable that the Dingley tariff of

1897 would have created similar opposition if it could have been

disentangled from the other overshadowing issues growing out of the

Spanish War. The Payne-Aldrich tariff likewise failed to please; but its

failure was all the more significant because its passage was opposed by

such a large number of prominent party members. The Democrats, as was

naturally to be expected, made all they could out of the situation, and

cried "Treason." Even what appeared to be a concession to the radicals,

the adoption of a resolution providing for an amendment to the

Constitution authorizing the imposition of an income tax, was not

accepted as a consolation, but was looked upon as a subterfuge to escape

the probable dilemma of having an income tax law passed immediately and

submitted to the Supreme Court again.

Notwithstanding the dissensions within his party, Mr. Taft continued

steadily to press a legislative policy which he had marked out. In a

special message on January 7, 1910, he recommended the creation of a

court of commerce to have jurisdiction, among other things, over appeals

from the Interstate Commerce Commission. This proposal was enacted into

law on June 18, 1910; and the appointments were duly made by the

President. The career of the tribunal was not, however, particularly

happy. Some of its decisions against the rulings of the Commission were

popularly regarded as too favorable to railway interests; one of the

judges, Mr. Archbald, of Pennsylvania, was impeached and removed on the

ground that his private relations with certain railway corporations were

highly questionable; and at length Congress in 1913 terminated its short

life.

Acting upon a recommendation of the President, Congress, in June, 1910,

passed a law providing for the establishment of a postal savings system,

in connection with the post offices. The law authorized the payment of

two per cent interest on money deposited at the designated post offices

and the distribution of all such deposits among state and national

banks under the protection of bonds placed with the Treasurer of the

United States. The scheme was applied experimentally at a few offices

and then rapidly extended, until within two years it was in operation at

more than 12,000 offices and over $20,000,000 was on deposit. The plan

which had been branded as "socialistic" a few years before when

advocated by the Populists was now hailed as an enlightened reform, even

by the banks as well as business men, for they discovered that it

brought out secret hoardings and gave the banks the benefit at a low

rate of interest--lower than that paid by ordinary savings concerns.

The postal savings system was shortly supplemented by a system of

parcels post. Mr. Taft strongly advocated the establishment of such a

system, and it had been urged in Congress for many years, but had been

blocked by the opposition of the express companies, for obvious reasons,

and by country merchants who feared that they would be injured by the

increased competition of the mail order departments of city stores.

Finally, by a law approved on August 24, 1912, Congress made provision

for the establishment of this long-delayed service, and it was put into

effect on January 1, 1913, thus enabling the United States to catch up

with the postal systems of other enlightened nations. Although the

measure was sharply criticized for its rates and classifications, it was

generally approved and regarded as the promising beginning of an

institution long desired.

While helping to add these new burdens to the post-office

administration, Mr. Taft directed his attention to the urgent necessity

for more businesslike methods on the part of the national administration

in general, and, on his recommendation, Congress appropriated in 1910

$100,000 "to enable the President to inquire into the methods of

transacting the public business of the Executive Department and other

government establishments, and to recommend to Congress such legislation

as may be necessary." A board of experts, known as the Economy and

Efficiency Commission, was thereupon appointed, and it set to work

examining the several branches of administration with a view to

discovering wasteful and obsolete methods in use and recommending

changes and practices which would result in saving money and producing

better results. Among other things, the Commission undertook an

examination of the problem of a national budget along lines followed by

the best European governments, and it suggested the abandonment of the

time-honored "log-rolling" process of making appropriations, in favor of

a consistent, consolidated, and businesslike budget based upon national

needs and not the demands of localities for Federal "improvements,"

regardless of their utility.

Although he was sharply attacked by the advocates of conservation for

appointing and supporting as Secretary of the Interior, Mr. R. A.

Ballinger, who was charged with favoring certain large corporations

seeking public land grants, Mr. Taft devoted no little attention to the

problem of conserving the natural resources. In 1910, Congress enacted

two important laws bearing on the subject. By a measure approved June

22, it provided for agricultural entries on coal lands and the

separation of the surface from the mineral rights in such lands. By

another law, approved three days later, Congress made provision for the

withdrawal of certain lands for water-power sites, irrigation,

classification of lands, and other public purposes. These laws settled

some questions of legality which had been raised with reference to

earlier executive action in withdrawing lands from entry and gave the

President definite authority to control important aspects of

conservation.

From the opening of his administration Mr. Taft used his influence in

every legitimate way to assist in the development of the movement for

international peace. In his acceptance speech, at the opening of his

campaign for election, he had remarked upon the significance and

importance of the arbitration treaties which had been signed between

nations and upon the contribution of Mr. Roosevelt's administration to

the cause of world peace. Following out his principles, Mr. Taft signed

with France and England in August, 1911, general arbitration treaties

expanding the range of the older agreements so as to include all

controversies which were "justiciable" in character, even though they

might involve questions of "vital interest and national honor." The

treaties, which were hailed by the peace advocates with great acclaim,

met a cold reception in the Senate which ratified them on March 7, 1912,

only after making important amendments that led to their abandonment.

* * * * *

Among the most significant of Mr. Taft's acts were his appointments of

the Supreme Court judges. On the death of Chief Justice Fuller, in 1910,

he selected for that high post Associate Justice White. In the course

of his administration, Mr. Taft also had occasion to select five

associate justices, and he appointed Mr. Horace H. Lurton, of Tennessee,

Charles E. Hughes, governor of New York, Mr. Willis Van Devanter, of

Wyoming, Mr. Joseph R. Lamar, of Georgia, and Mr. Mahlon Pitney, of New

Jersey. Thus within four years the President was able to designate a

majority of the judges of the most powerful court in the world, and to

select the Chief Justice who presided over it.

It was hardly to be expected that the exercise of such a significant

power would escape criticism, particularly in view of the nature of the

cases which are passed upon by that Court. Mr. Bryan was particularly

severe in his attacks, charging the President with deliberately packing

the Court. "You appointed to the Chief Justiceship of the Supreme

Court," he said, "Justice White who thirteen years ago took the trusts'

side of the trust question.[81] ... You appointed Governor Hughes to the

Supreme Court bench after he had interpreted your platform to suit the

trusts." Mr. Bryan also demanded that Mr. Taft let the people know "the

influences" that dictated his appointments. Mr. Bryan attacked

particularly the selection of Mr. Van Devanter, declaring that the

latter, by his decisions in the lower court, was a notorious favorite of

corporation interests. Mr. Taft looked upon these attacks as insults to

himself and the judges, and treated them with the scant courtesy which,

in his opinion, they deserved. The episode, however, was of no little

significance in stirring up public interest in the constitution of a

tribunal that was traditionally supposed to be "non-political" in its

character.

_The Anti-Trust Cases_

Mr. Taft approached the trust problem with the pre-conceptions of the

lawyer who believes that the indefinite dissolution of combinations is

possible under the law. His predecessor had, it is true, instituted many

proceedings against trusts, but there was a certain lack of sharpness in

his tone, which was doubtless due to the fact that he believed and

openly declared that indiscriminate prosecutions under the Sherman law

(which was, in his opinion, unsound in many features) were highly

undesirable. Mr. Taft, on the other hand, apparently looked at the law

and not the economics of the problem. During Harrison's administration

there had been four bills in equity and three indictments under the

Sherman law; during Cleveland's administration, four bills in equity,

two indictments, two informations for contempt; during McKinley's

administration, three bills in equity. Mr. Roosevelt had to his record,

eighteen bills in equity, twenty-five indictments, and one forfeiture

proceeding. Within three years, Mr. Taft had twenty-two bills in equity

and forty-five indictments to his credit.

The very vigor with which Mr. Taft pressed the cases against the trusts

did more, perhaps, to force a consideration of the whole question by the

public than did Mr. Roosevelt's extended messages. As has been pointed

out, the members of Congress who enacted the Sherman law were very much

confused in their notions as to what trusts really were and what

combinations and practices were in fact to be considered in restraint of

trade.[82] And it must be confessed that the decisions and opinions of

the courts, up to the beginning of Mr. Taft's administration, had not

done much to clarify the law. In the Trans-Missouri case, decided in

1897, the Supreme Court had declared in effect that all combinations in

restraint of trade, whether reasonable or unreasonable, were in fact

forbidden by the law, Justice White dissenting.[83]

This was not done by the Court inadvertently. Mr. Justice Peckham,

speaking for the majority of the Court, distinctly marked the fact that

arguments had been directed to that tribunal, "against the inclusion of

all contracts in restraint of trade, as provided for by the language of

the act ... upon the alleged presumption that Congress, notwithstanding

the language of the act, could not have intended to embrace all

contracts, but only such as were in unreasonable restraint of trade.

Under these circumstances we are, therefore, asked to hold that the act

of Congress excepts contracts which are not in unreasonable restraint of

trade, and which only keep rates up to a reasonable price,

notwithstanding the language of the act makes no such exception. In

other words, we are asked to read into the act by way of judicial

legislation an exception that is not placed there by the lawmaking

branch of the government.... It may be that the policy evidenced by the

passage of the act itself will, if carried out, result in disaster to

the roads.... Whether that will be the result or not we do not know and

cannot predict. These considerations are, however, not for us. If the

act ought to read as contended for by the defendants, Congress is the

body to amend it, and not this Court by a process of judicial

legislation wholly unjustifiable."

It was no doubt fortunate for the business interests of the country that

no earlier administration undertook a searching and drastic prosecution

of combinations under the Sherman law; for in the view of the language

of the Court it is difficult to imagine any kind of important

interconcern agreement which would not be illegal. This very delay in

the vigorous enforcement of the law enabled the country at large to take

a new view of the trusts and to throw aside much of the prejudice which

had characterized politics in the eighties and early nineties. The

lawless practices of the great combinations and their corrupting

influence were extensively discovered and understood; but it became

increasingly difficult for demagogues to convince the public that any

good could accrue to anybody from the ruthless attempts to disintegrate

all large combinations in business. The more radical sections, which had

formerly applauded the platform orator in his tirades against trusts,

were turning away from indiscriminate abuse and listening more

attentively than ever to the Socialists who held, and had held for half

a century, to the doctrine that the trusts were a natural product of

economic evolution and were merely paving the way to national ownership

on a large scale.

Consequently, between the two forces, the representatives of corporate

interests on the one hand and the spokesmen for socialistic doctrines on

the other, the old demand for the immediate and unconditional

destruction of the trusts was sharply modified. Corporations came to see

that undesirable as "government regulation" might be, it was still more

desirable than destruction. They, therefore, drew to themselves a large

support from sections of the population which did not share socialistic

ideas, and still could see nothing but folly in attempting to resist

what seemed to have the force of nature. Many working-class

representatives ceased to wage war on the trusts as such, for they did

not expect to get into the oil, copper, or steel business for

themselves; and the farmers, on account of rising prices and a large

appreciation in land values, listened with less gladness to the

"war-to-the-hilt" orator. Nevertheless, a large section of the

population, composed particularly of business men and manufacturers of

the lesser industries, hoped to "reestablish" what they called "fair

conditions of competition" by dissolving into smaller units the huge

corporations that dominated industry.

In response to this demand, Mr. Taft pushed through the cases against

the Standard Oil Company and the American Tobacco Company; and in May,

1911, the Supreme Court handed down decisions dissolving these

combinations. In the course of his opinions, Chief Justice White, who

had dissented in the Trans-Missouri case mentioned above, gave an

interpretation of the Sherman Act which was regarded quite generally as

an abandonment of the principles enunciated by the Court in that case.

He said: "The statute, under this view, evidenced the intent not to

restrain the right to make and enforce contracts, whether resulting from

combinations or otherwise, which did not _unduly restrain_ interstate

and foreign commerce, but to protect the commerce from being restrained

by methods, whether new or old, which would constitute an interference

that is an _undue_ restraint." Thus the Chief Justice restated the

doctrine of "reasonableness" which he had formulated in his dissenting

opinion in the earlier case, but this time as the spokesman of the

Court. It is true, he attempted with great dialectic skill to reconcile

the old and the new opinions, and make it appear that there had been no

change in the theories of the Court; but his attempt was not convincing

to every one, for many shared the view expressed by Justice Harlan, to

the effect that the attempt at reconciliation partook of the nature of a

statement that black is white and white is black.

The effect of these decisions was the dissolution of the two concerns

into certain constituent parts which were supposed to reestablish

competition; but no marvelously beneficial economic results seem to have

accrued. The inner circles of the two combinations made huge sums from

the appreciation of stocks; the prices of gasoline and some other oil

products mounted with astonishing speed to a higher rate than ever

before; and smaller would-be competitors declared that the constituent

companies were so large that competition with them was next to

impossible. No one showed any great enthusiasm about the results of the

prosecution and decisions, except perhaps some eminent leaders in the

business world, who shared the opinion of Mr. J. P. Morgan that the

doctrines of the Court were "entirely satisfactory," and to be taken as

meaning that indiscriminate assaults on large concerns, merely because

of their size, would not be tolerated by the Court. Radical

"trust-breakers" cried aloud that they had been betrayed by the eminent

tribunal, and a very large section of the population which had come to

regard trusts as a "natural evolution" looked upon the whole affair as

an anticlimax. Mr. Taft, in a speech shortly after the decisions of the

Court, expressed his pleasure at the outcome of the action and invited

the confidence of the country in the policy announced. He had carried a

great legal battle to its conclusion, only to find those who cheered the

loudest in the beginning, indifferent at the finish.

_The Overthrow of Speaker Cannon_

From the beginning of his administration, it was apparent that Mr.

Taft's party in Congress was not in that state of harmony which presaged

an uneventful legislative career. The vote on the tariff bill, both in

the Senate and the House, showed no little dissatisfaction with the way

in which the affairs of the party were being managed. The acrimony in

the tariff debate had been disturbing, and the attacks on Speaker Cannon

from his own party colleagues increased in frequency and virulence

inside and outside of Congress.

Under this astute politician and keen parliamentary manager, a system of

legislative procedure had grown up in the House, which concentrated the

management of business in the hands of a few members, while preserving

the outward signs of democracy within the party. The Speaker enjoyed the

power of appointing all of the committees of the House and of

designating the chairmen thereof. Under his power to object to a request

for "unanimous consent," he could refuse to recognize members asking for

the ear of the chamber under that privilege. He, furthermore, exercised

his general right of recognition in such a manner as to favor those

members who were in the good graces of the inner circle, which had

naturally risen to power through long service.

In addition, there had been created a powerful engine, known as the

"rules committee" which could, substantially at any time, set aside the

regular operations of the House, fix the limits of debate, and force the

consideration of any particular bill. This committee was composed of the

Speaker and two colleagues selected by himself, for, although there were

two Democratic representatives on the committee, they did not enjoy any

influence in its deliberations. The outward signs of propriety were

given to this enginery by the election of the Speaker by the party

caucus, but the older members and shrewd managers had turned the caucus

into a mere ratifying machine.

Under this system, which was perfected through the long tenure of power

enjoyed by the Republicans, a small group of managers, including Mr.

Cannon, came to a substantial control over all the business of the

House. A member could not secure recognition for a measure without

"seeing" the Speaker in advance; the older members monopolized the

important committees; and a measure introduced by a private member had

no chance for consideration, to say nothing of passage, unless its

sponsor made his peace with the party managers. This system was by no

means without its advantages. It concentrated authority in a few eminent

party spokesmen and the country came to understand that some one was at

last responsible for what happened in the House. The obvious

disadvantage was the use of power to perpetuate a machine and policies

which did not in fact represent the country or the party. Furthermore,

the new and younger members could not expect to achieve anything until

they had submitted to the proper "party discipline."

If anything went wrong, it soon became popular to attribute the evil to

"Cannon and his system." Attacks upon them became especially bitter in

the campaign of 1908 and particularly venomous after the passage of the

Aldrich-Payne tariff act. At length, in March, 1910, by a clever piece

of parliamentary manipulation, some "insurgent" Republicans were able to

present an amendment to the rules ousting the Speaker from membership in

the rules committee, increasing the number, and providing for election

by the House. Mr. Cannon was forced to rule on the regularity of this

amendment, and he decided against it. On appeal from the decision of the

chair, the Speaker was defeated by a combination of Democrats and

insurgent Republicans, and the committee on rules was reconstructed. A

motion to declare the Speakership vacant was defeated, however, because

only eight insurgents supported it, and accordingly Mr. Cannon was

permitted to serve out his term. Although this was heralded as "a great

victory," it was of no consequence in altering the management of

business in that session; but it was a solemn portent of the defeat for

the Republican party which lay ahead in the autumn.

_Dissensions_

The second half of Mr. Taft's administration was marked by the failure

to accomplish many results on which he had set his mind. The election of

1910 showed that the country was swinging back to the Democratic party

once more. In that year, the Democrats elected governors in

Massachusetts, Connecticut, New York, New Jersey, Indiana, and some

other states which had long been regarded as Republican. The Democrats

also carried the House of Representatives, securing 227 members to 163

Republicans and 1 Socialist, Mr. Berger, of Wisconsin. Although many

conservative Republican leaders, like Mr. Cannon, Mr. Payne, and Mr.

Dalzell, were returned, their position in the minority was seriously

impaired by the election of many "insurgent" Republicans from the West,

who were out of harmony with the old methods of the party.

In view of this Democratic victory, it was inevitable that Mr. Taft

should have trouble over the tariff. In accordance with the declarations

of the Republican platform, he had recommended and secured the creation,

in 1909, of a tariff board designed to obtain precise information on the

relation of the tariff to production and labor at home and abroad. The

work of this board fell into three main divisions. It was, in the first

place, instructed to take each article in the tariff schedule and

"secure concise information regarding the nature of the article, the

chief sources of supply at home and abroad, the methods of its

production, its chief uses, statistics of production, imports and

exports, with an estimate of the ad valorem equivalent for all specific

duties." In the second place, it was ordered to compile statistics on

the cost of production at home and abroad so that some real information

might be available as to the difference, with a view to discovering the

amount of protection necessary to accomplish the real purposes of a

"scientific" tariff. Finally, the board was instructed to secure

accurate information as to prices at home and abroad and as to the

general conditions of competition in the several industries affected by

the tariff.

If there was to be any protection at all, it was obvious that an immense

amount of precise information was necessary to the adjustment of

schedules in such a manner as not to give undue advantages to American

manufacturers and thus encourage sloth and obsolete methods on their

part. Such was the view taken by Mr. Taft and the friends of the tariff

board; but the Democratic Congress elected in 1910 gave the outward

signs of a determination to undertake a speedy and considerable

"downward revision," regardless of any "scientific" information that

might be collected by the administration. There was doubtless some

demand in the country for such a revision, and furthermore it was "good

politics" for the leaders of the new House to embarrass the Republican

President as much as possible. The opportunity was too inviting to be

disregarded, particularly with a presidential election approaching.

Consequently, the House, in 1911, passed three important tariff

measures: a farmers' free list bill placing agricultural implements,

boots and shoes, wire fence, meat, flour, lumber, and other commodities

on the free list; a measure revising the famous "Schedule K," embracing

wool and woolen manufactures; and a law reducing the duties on cotton

manufactures, chemicals, paints, metals, and other commodities. With the

support of the "insurgent" Republicans in the Senate these measures were

passed with more speed than was expected by their sponsors, and Mr. Taft

promptly vetoed them on the ground that some of them were loosely drawn

and all of them were based upon inadequate information. The following

year, an iron and steel measure and a woolens bill were again presented

to the President and as decisively vetoed. In his veto messages, Mr.

Taft pointed out that the concise information collected by the tariff

board was now at the disposal of Congress and that it was possible to

undertake a revision of many schedules which would allow a considerable

reduction without "destroying any established industry or throwing any

wage earners out of employment." These last veto messages, sent in

August, 1912, received scant consideration from members of Congress

already engaged in a hot political campaign.

Mr. Taft was equally unfortunate in his attempt to secure reciprocity

with Canada. In January, 1911, through the Secretary of State, he

concluded a reciprocity agreement with that country by the exchange of

notes, providing for a free list of more than one hundred articles and a

reduction of the tariff on more than four hundred articles. The

agreement was submitted to the legislatures of the two countries. A bill

embodying it passed the House, in February, by a Democratic vote, the

insurgent Republicans standing almost solidly against it, on the ground

that it discriminated against the farmers by introducing Canadian

competition, while benefiting the manufacturers who had no considerable

competition from that source. The Senate failed to act on the bill until

the next session of the new Congress when it was passed in July with

twelve insurgent and twelve regular Republicans against it. After having

wrought this serious breach in his own party in Congress, Mr. Taft was

sorely disappointed by seeing the whole matter fall to the ground

through the overthrow of the Liberals in Canada at the election in

September, 1911, and the rejection by that country of the measure for

which he had so laboriously contended.

During the closing days of his administration, Mr. Taft was seriously

beset by troubles with Mexico. Under the long and severe rule of General

Porfirio Diaz in that country, order had been set up there (at whatever

cost to humanity) and American capital had streamed into Mexican mines,

railways, plantations, and other enterprises. In 1911, Diaz was

overthrown by Francisco Madero and the latter was hardly installed in

power before he was assassinated and a dictatorship set up under General

Huerta, in February, 1913. After the overthrow of Diaz in 1911, Mexico

was filled with revolutionary turmoil, and American lives and property

were gravely menaced. In April, 1912, Mr. Taft solemnly warned the

Mexican government that the United States would hold it responsible for

the destruction of American property and the taking of American life,

but this warning was treated with scant courtesy by President Madero.

The disorders continued to increase, and demands for intervention on the

part of the United States were heard from innumerable interested

quarters, but Mr. Taft refused to be drawn into an armed conflict. The

Mexican trouble he bequeathed to his successor.

FOOTNOTES:

[79] Congress by an act of 1907 forbade campaign

contributions by corporations, in connection with Federal

elections, and in 1910 and 1911 enacted laws providing for

the publicity of expenses in connection with elections to

Congress.

[80] The Sixteenth Amendment was proclaimed in force on

February 25, 1913.

[81] See below, p. 332.

[82] See above, p. 135.

[83] United States _v._ Trans-Missouri Freight Assn., 166 U.

S. 290.

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