Mr. FLETCHER. No, sir; it was not. The first intimation I had was when the President asked me to come down here. I came down and spent the night at the White House. He talked to me after breakfast the next morning, and I told him I didn't think perhaps I was the best man for the job. I went on to say

Senator HARRISON (interposing). Did you tell the President you did not have any views on the tariff?

Mr. FLETCHER. He did not ask me.

Senator HARRISON. Have you since you have been serving on the Tariff Commission had any conference with the President or anyone else with reference to a reduction or an increase in rates?

Mr. FLETCHER. No, sir.

Senator HARRISON. Or with reference to any policy the commission should follow?

Mr. FLETCHER. No, sir.

Senator HARRISON. Do you believe that the Tariff Commission as constituted under the law should be subjected to executive or congressional influence?

Mr. FLETCHER. No, sir; and it won't be as long as I have anything to do with it.

Senator HARRISON. That applies directly or indirectly? Mr. FLETCHER. As far as I can see it, yes. There might be some indirect influence that I wouldn't know about.

Senator HARRISON. Is it your belief that a member of the Tariff Commission should not be terrified about taking a proper course because he might be subject to some disfavor at the White House? Mr. FLETCHER. No, sir.

Senator HARRISON. Or some disfavor with the chairman of the Finance Committee or some member of the committee?

Mr. FLETCHER. No, sir.

Senator HARRISON. But of course it is desired to stay on good terms with the chairman of the Finance Committee, isn't it?

Mr. FLETCHER. Yes. I should like to stay on good terms with ail of you, so far as that is concerned. You do not mean to insinuate that that would have to be arranged improperly, do you. Senator Harrison?

Senator HARRISON. Oh, no. The chairman of this Finance Cominittee would not do anything improper for anything in the world. I think that is all.

Senator WATSON. Would you think it improper for a member of the United States Senate if he wanted to come down to the United States Tariff Commission and talk about a tariff rate on some import?

Mr. FLETCHER. No; I should be very happy to receive any evidence or any light on the question, as I say, I think everybody would. We would try to make as near a quasi-judicial decision as could be made.

Senator BARKLEY. Mr. Fletcher, have you sufficiently studied the new tariff law to know whether you care as chairman of the Tariff Commission to say whether the rates are high enough?

Mr. FLETCHER. I have not studied it at all. I expect to learn a little bit about it as it comes along, as each case comes along.

Senator WALSH. Mr. Fletcher, how many years were you in the Diplomatic Service?

Mr. FLETCHER. About 27, I think.

Senator WALSH. And there was a period of time when you were not in the service?

Mr. FLETCHER. Yes.

Senator WALSH. How long was that?

Mr. FLETCHER. Well, there was a period I think from February, 1920, until I went back as Undersecretary of State in March, 1921. Senator WALSH. What did you do during that time?

Mr. FLETCHER. I did not do very much of anything. I went on a trip to Europe. I had not been there for a long time. And when I came back I took some part in the Republican National Campaign, made a few speeches against the League of Nations, and a few things like that.

Senator WALSH. Did you resign in order to participate in that campaign?

Mr. FLETCHER. I did not.

Senator WALSH. You stated that you had made no speeches and written no articles upon the tariff?

Mr. FLETCHER. Yes, sir.

Senator WALSH. Did you read any book on the tariff, prior to your nomination?

Mr. FLETCHER. No, sir.

Senator WALSH. That is all.

Senator GEORGE. Mr. Fletcher, when did you say you were admitted to the bar?

Mr. FLETCHER. In 1894.

Senator GEORGE. Did you practice law?
Mr. FLETCHER. Yes; I practiced law.

Senator GEORGE. For how many years?

Mr. FLETCHER. Well, I practiced law for about four years, until I went into the Rough Riders.

Senator GEORGE. In the general practice?

Mr. FLETCHER. Yes; with my uncle, who had been judge of one of the courts up there for a long time. I was a very junior man in the firm.

Senator GEORGE. Engaged in general practice?

Mr. FLETCHER. Yes, sir; I had the work that a country lawyer has to do.

Senator GEORGE. You have given no particular study to the tariff? Mr. FLETCHER. I have not.

Senator LA FOLLETTE. Mr. Fletcher, the law now provides that there are several ways for investigations to be initiated.

Mr. FLETCHER. Yes, sir.

Senator LA FOLLETTE. And one of them is on the motion of the commission itself?

Mr. FLETCHER. Yes, sir.

Senator LA FOLLETTE. Have you made a sufficient study of the law so that you would care to give the committee your view as to whether you conceive it to be the duty of the Tariff Commission to initiate investigations looking to changes in the tariff of its own motion?

Mr. FLETCHER. No, sir; I have not. But if I felt that it would be I should vote for the initiation of an investigation, if a prima facie case were made out by one of the members of the commission, just

as I would if I thought a prima facie case were made out by an applicant.

Senator LA FOLLETTE. The reason I asked the question was that in the investigation made by the select committee of the Senate we discovered that soon after the Tariff Commission was organized there was a controversy which grew up in the commission as to whether or not the commission should, so to speak, wait for applications, or for a resolution by the Congress, or a suggestion by the President, or whether where they thought there was as the result of an investigation made by their economic staff a prima facie case for an investigation were made out, that they should then proceed to investigate of their own motion.

Mr. FLETCHER. Yes; I understand.

Senator LA FOLLETTE. I was interested to know whether you had made a sufficient study of the law to come to any conclusion as to whether the Tariff Commission should on its own motion initiate investigations.

Mr. FLETCHER. No, sir; I had not. And one of the reasons is that we have, as you know, these 35 investigations that have been ordered. by the Senate.

Senator LA FOLLETTE. I understand that you are very busy.

Mr. FLETCHER. Yes. And then we have a few individual applications also. So I imagine that situation won't come up for some time. But if it should and it seemed to me to be in the public interest to order an investigation, I would join my colleagues or a majority of them to order an investigation.

Senator LA FOLLETTE. That is all.

Senator CONNALLY. Mr. Fletcher, I am sorry that I was a little late this morning. I understood you to say you had never made any special study of the tariff.

Mr. FLETCHER. That is true.

Senator CONNALLY. And you have no views on it?

Mr. FLETCHER. I have no particular views on it.

Senator CONNALLY. Is that the reason why the President appointed you?

Mr. FLETCHER. I dare say; I do not know.

Senator CONNALLY. Were you given to understand any other reasons for your appointment?

Mr. FLETCHER. No.

Senator CONNALLY. You feel like you would be an unbiased juror, then?

Mr. FLETCHER. I think so. If I did not think so I would not have taken the job.

Senator KING. Mr. Fletcher, were your relations with the South American Republics, the Latin American States, friendly?

Mr. FLETCHER. Always so.

Senator KING. And they are now?

Mr. FLETCHER. Perfectly.

Senator KING. You have no such prejudices growing out of your service in Latin America as would incline you to look with favor upon a policy that would exclude their commodities from our shores? Mr. FLETCHER. Certainly not.

Senator KING. Or to interrupt our friendly trade and commerce with them?

Mr. FLETCHER. Certainly not. I think it is pretty common knowledge that my relations with the Latin-American governments have always been close, and that I have been one in this country who has preached the doctrine rapprochement with them at every point.

Senator KING. You have very frankly stated that you have not given any particular study to tariff questions.

Mr. FLETCHER. That is perfectly true.

Senator KING. Have you any views, subconscious or otherwise, that we ought to adopt a policy that would interrupt our trade with other nations and make it almost impossible for us to trade with them and to receive their products in payment for our products?

Mr. FLETCHER. No; I have not any views one way or the other about that, except the general ones that I think everyone holds. Even if I had any they would not interfere with my fulfillment of my duties, my sworn duties.

Senator WATSON. In other words, Senator King, you want to ask him whether he is a protectionist or a free-trader?

Senator KING. No; I do not. But generally speaking, do you favor a policy that would accommodate our exports event though in so doing it might increase our imports in exchange for our exports? Mr. FLETCHER. Yes; I think there is a happy mean to be secured there if it can be done.

Senator KING. You would not feel as a member of the United States Tariff Commission that it was your duty to try to enforce a policy that would give local manufacturers a monopoly of the market by cutting off any possible foreign competition?

Mr. FLETCHER. Not unless they were given it by the law.

Senator KING. Exactly. That is all.

Senator HARRISON. Mr. Fletcher, have you made any changes up there in the organization of the United States Tariff Commission since you took office?

Mr. FLETCHER. Yes, sir.

Senator HARRISON. What changes?

Mr. FLETCHER. Well, we have transferred Mr. Bethune to Brussels and appointed a young man who had been in the Commerce Department, Mr. Morgan, secretary. Mr. Harrison was appointed chief of the International Relations Division. He had just resigned as Minister to Uruguay, and we appointed Mr. Durand in the place of Mr. Coulter, who is a very good man and we are very fortunate to have his assistance there. I believe that is about all.

Senator HARRISON. Why was Mr. Bethune appointed ministerMr. FLETCHER (interposing). He was not appointed minister. He was appointed our foreign representative at Brussels.

Senator HARRISON. He was taken out of the secretaryship?

Mr. FLETCHER. Well, I thought it was about time to make a change there. I thought it would be a better organization, and I thought also that he would do very well in Brussels.

Senator HARRISON. Why did you think it would make a better organization?

Mr. FLETCHER. Well, I don't know. After a survey I came to that conclusion, Senator Harrison.

Senator HARRISON. The fact that Bethune was a Democrat did not have anything to do with it?

Mr. FLETCHER. No.

Senator HARRISON. Not much, anyway?

Mr. FLETCHER. Not any.

Senator HARRISON. Not at all?

Mr. FLETCHER. No, sir.

Senator WATSON. Did you know he was a Democrat?
Mr. FLETCHER. I think I did. I think I was told so.

Senator HARRISON. Had Senator Watson or Senator Smoot told you so?

Mr. FLETCHER. No, sir.

Senator HARRISON. Where did you get that information?

Mr. FLETCHER. I think I got that from my fellow members of the commission.

Senator HARRISON. From what members of the commission?
Mr. FLETCHER. I do not remember.

Senator HARRISON. Mr. Brossard?

Mr. FLETCHER. No, sir. I think Mr. Page told me that he had appointed Mr. Bethune when he took it over. There was no question about Mr. Bethune's efficiency.

Senator HARRISON. Have you made any more changes in the key positions of the commission?

Mr. FLETCHER. In the different divisions; no, sir. But we are making a survey with a view to making them if necessary, and if we think it would give a more efficient organization we propose to make them if you will give us the money with which to get good men. We will need some more economists and some more accountants in order to do this work that you wish done.

Senator HARRISON. Do you believe that a man ought to be transferred out of one of these key positions because he might not be as high a protectionist as some other man?

Mr. FLETCHER. No, sir. And that has nothing to do with it.

Senator HARRISON. You believe a man who has been in the Government service and proven his efficiency should be maintained in that position?

Mr. FLETCHER. Yes, sir; if he is all right, other things being equal. Senator HARRISON. You appreciate the fact that there are certain men in these key positions that certain men have been anxious to get out and to get other men in who are more in sympathy with their views!

Mr. FLETCHER. No, sir: I do not know that, and should be very glad to know about it if it exists.

Senator HARRISON. That is all.

Senator LA FOLLETTE. Mr. Fletcher, what is your view with regard to publicity of reports made by the Tariff Commission to the President? Do you believe that those reports that have been made to the President are subject to his release?

Mr. FLETCHER. I should think that would be the most usual way to handle it, Senator La Follette. We report to the President, and then if he approves our report, why, he issues a proclamation.

Senator LA FOLLETTE. Assuming, now, for instance, that you make an exhaustive investigation and report to the President. Mr. FLETCHER. All right.

Senator LA FOLLETTE. Is it your view that that report should not be made public at any time by you until the President does it?

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