,[63] and Carter _v._ Carter Coal Company[64] that private
trade groups could not be empowered to issue binding rules concerning
methods of competition or wages and hours of labor. On the other hand,
statutes providing that restrictions upon the production or marketing of
agricultural commodities shall become operative only upon a favorable
vote by a prescribed majority of the persons affected have been
upheld.[65] The position of the Court is that such a requirement does
not involve any delegation of legislative authority, since Congress has
merely placed a restriction upon its own regulation by withholding its
operation in a given case unless it is approved upon a referendum.[66]

POWER TO GIVE EFFECT TO CONTINGENT LEGISLATION

An entirely different problem arises when, instead of directing another
department of government to apply a general statute to individual cases,
or to supplement it by detailed regulation, Congress commands that a
previously enacted statute be revived, suspended or modified, or that a
new rule be put into operation, upon the finding of certain facts by an
executive or administrative officer. Since the delegated function in
such cases is not that of "filling up the details" of a statute,
authority for it must be sought elsewhere than in Wayman _v._ Southard
and its progeny. It is to be found in an even earlier case--The Brig
Aurora[67]--where the revival of a law upon the issuance of a
Presidential proclamation was upheld in 1813. After previous restraints
on British shipping had lapsed, Congress passed a new law stating that
those restrictions should be renewed in the event the President found
and proclaimed that France had abandoned certain practices which
violated the neutral commerce of the United States. To the objection
that this was an invalid delegation of legislative power, the Court
answered briefly that "we can see no sufficient reason, why the
legislature should not exercise its discretion in reviving the act of
March 1st, 1809, either expressly or conditionally, as their judgment
should direct."[68]

MODIFICATION OF TARIFF LAWS

This point was raised again in Field _v._ Clark,[69] where the Tariff
Act of 1890 was assailed as unconstitutional because it directed the
President to suspend the free importation of enumerated commodities "for
such time as he shall deem just" if he found that other countries
imposed upon agricultural or other products of the United States duties
or