Shortly after graduation, he became an invalid due to recurrent tuberculosis and moved to Santa Fe, New Mexico, at the advice of his doctors to restore his health.

Via tariff bills dating back to the nineteenth century, the U.S. government, through the Customs Service, had the power to confiscate "obscene" materials arriving to the country.

[1] A tariff bill introduced in 1929 sought to expand this power by modifying Section 305 to prohibit printed materials suggesting treason or threatening the life of the president.

The amendment passed by only two votes and Cutting received widespread public praise from publishers, librarians, booksellers, authors and civil liberties organizations.

[3] As the tariff bill moved toward final confirmation, various senators, notably Reed Smoot of Utah, attempted to restore Section 305 to its original state, while others proposed further draconian measures.

Cutting was offered a position in Roosevelt's cabinet as Secretary of the Interior, which he ultimately declined due to his unstable health and instead went to Harold L. Ickes.

[5] Senator Cutting's death had national impact, leading Congress to commission the highly controversial Copeland Committee report on air traffic safety.