Harlan F. Stone

“ Plaintiff then filed with the Supreme Court of the District of Columbia a petition for mandamus, directing the Tariff Commission to disclose the information which it had obtained concerning the cost of production of sodium nitrite by American and foreign manufacturers, and directing the commissioners to hold a public hearing at which plaintiff should be given an opportunity to cross examine the investigators and experts of the commission, and witnesses with respect to such data, to offer evidence in opposition, and to present arguments against the American company's petition. ”

“ In October, 1922, the American Nitrogen Products Company, a corporation of the state of Washington, filed with the United States Tariff Commission a petition praying for a 50 per cent. increase in the duty imposed by the Tariff Act of 1922 upon imported sodium nitrite. ”

“ The commission has filed its report with the President, and the President has made his decision and proclamation fixing the revised tariff. Either may revive the investigation, but neither is under a duty to do so. Assuming that the plaintiff is entitled to a hearing of the character demanded whenever an investigation is had, which we do not decide, it would be an idle ceremony to require such a hearing upon an investigation which we may not command and which may never be made. ”