The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-07
full OF DOUBT.
President Roosevelt Signs With
Much Hesitation
Joint Resolution for Investiga-
tiOn Of MOnOpOlies.
LITTLE GOOD
If the Probing Be Done in a
Thorough Manner
It VIII Give Witnesses I'm
munity From Prosecution.

W e@S4ltA45 LOIs AIaEEu f-"ETGSLQEnL
Roosevelt today sent a message to con-
gress announcing his signature to the
joint resolution recently passed in
! structing the interstate commerce
commission to make examination into
the subject OF railroad determinations
and monopolies in coal and oil He
says frankly that he has signed It with
hesitation because It may achieve lit
tie or nothing.
He indicates, too, that If the investi-
cation proposed by the resolution is
conducted thoroughly it will result in
giving immunity from criminal prose-
cuuon to all persons who are called
and sworn as witnesses
IN the opinion of the PRESIDENT the
direction contained In the resolution
VIII remain practically imperative nm
! less money be provided to carry or, tn,
/ investigation and the commission he
authorized to take testimony under it's
provisions. He suggests therefore that
4 congress give serious concern TO inst
what 1t desires the interstate commerce
commission to do ana that $4,000 be
2iaced al the disposal of the commits
sion to defray the expenses of the pro-
posed investigation.
The Message.
The message follows
10 the Senate and House of Represen-
tatives:
have signed the Joint resolution,
"Inshucting the Interstate cofrrnel &c
+ commission to make examinations fnto
/ the subject Of railroad Determinations
4 and monopolies in coal and oil and re-
port on the same from time to time"
nave signed it with hesitation because
/ IN the form which it was passed 1t
/ achieves very little and NAV accom-
pIlsh nothing; and 1t is highly undesir-
alie that resolution of this kind shall
/ become law in such form as to give the
4 impression of ingincerity: that is NJ
! pretending to do something which is
really not done. But after much hest
( tation concluded to sign the resoll-
I tlon because lis defects can be remedf,.d
nY legislation which I hereby ask for:
ana Il must be understood that unless
this subsequent legislation is granted
I the present resolution must be mainly
and may be entirely, imperative
Before specifying what this legisIa-
/ tlon IS wish to call attention to one
4 or Two preliminary facts. In the first
place, a part of the Investigation re-
4 qutred by the house of representatives
IN the resolution adopted February Is.
( 1913, relating to the oil inquiry and
further part having to do with the an
! thracite coal Inquiry has been fol. some
/ time under investigation by the drp
/ partmenf of comnerce and IaFV1r These
Investigations I am informed are an
preaching completion and before con
gress ad1ourns / shall submit to you
4 the preliminary reports of these inyesti-
/ cations. Until these reports are com
pleted the interstate commerce commits
sion could not endeavor to carry out so
much of the resolution Of congress as
refers to the ground thus already Gov
cred without running the risk of see
! ing the two Investigations conflict and
therefore render each other more or less
nugatory.
Secondly.
In the second place, I call your at
tentiOn to the fact that if an investiea-
ton of the nature proposed in this Joint
/ resolution is thoroughly and effectively
! conducted 1t will result in giving i'm
munity from criminal prosecution to all
( persons who are called, sworn and con-
+ strained by compulsory process of law
I to testify as witnesses; though of course
such immunity from prosecution is not
given to those from whom statements
/ or information merely, in contradiction
to sworn testimony is obtained. This
is not at all to say that such investi-
cations should not be undertaken.
Publicity can by itself often accom-
/ plish extraordinary results for good;
and the court of public judgment may
secure such results where the courts Of
law are poWerless. There are many
+ cases where an investigation securing
| complete publicity about abuses and
! giving congress the material on which
( to proceed in the enactment of laws is
more useful than criminal prosecution
/ can possibly be- But it should not be
] provided for by law without q clear
understanding that it may be a alterna-
tive instead of an additional remedy;
X that is. that to carry on the inyestiga-
tiOn may serve as bar to the sue
/ ceSSful prosecution of the Offenses dis
4 closed. The official body directed by
! congress to make the investigation must
/ of course carry out its direction and
4 therefore the direction should not be
/ given without full appreciation of what
] it means.
But the direction in the joint resolu-
/ ton which I have signed viii remain
/ almost imperative unless money is pro-
1 vided to carry out the Investigations,
I and unless the commission in carrying
them out is authorized to administer
Oaths and compel the attendance OF
/ witnesses. As the resolution now is the
1 commission which IS very busy with its
/ legitimate work and which has no extra
4 money al it's disposal would be able to
/ make the investigation only in the most
partial and unsatisfactory manner; and
! moreover 1t is questionable whether it
4 could. under this resolution, administer
oaths at all or compel the attendance
! of witnesses. If this power were dispu-
ted BY the parties investigated the in
( vestigatiOn would be held UP for year
or two until the courts passed upon It
4 in which case, during the period OF wait
I ing the committee could only 1nYestl-
J gate to the extent and in the manner
! already prescribed under its organic
I law. so that the passage of the resolu-
ton would have achieved no good result
4 whatever.
I accordingly recommend to congress
the serious consideration of just what
/ they wish the commission to do and how
far they wish to go, having in view the
/ possible incompatibility of conducting
/ an Investigation like this and also pro-
ceeding criminally in a court Of las;
I and Furthermore. that q sufficient sum,
1 say $50. GOO, be at once added to the
/ current appropriation for the commits
/ sion so as to enable them to do the