Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-07
CONGRESS URGED
TO AMEND ACTION
Proposed Investigation of Rail-
way Monopoly.
MESSAGE FROM PRESIDENT
Would Increase Authority of Inter-
state Commission.
MESSAGE FROM PRESIDENT
MONEY NEEDED FOR AN INQUIRY
Suggests According Right to Compel
the Attendance of Witnesses and
to Administer Oaths.

President Roosevelt today sent a messaa
| to Congress announcing his signature TO
the joint resolution recently passed instruct
| ing the Interstate commerce commission TO
make examination into the subject of rail-
road determinations and monopolies in coal
| and oil. He says frankly that ne has
| signed It with hesitation, because II NAV
| achieve little or nothing. He indicates, too,
| that IL the investigation proposed by the
| resolution is conducted thoroughly IL Will
result In giving immunity from criminal
! prosecution to all persons who are called
and sworn witnesses
In the opinion of the President the direc-
| ton contained In the resolution will remain
practlcaiy imperative unless money be pro-
Vlced to carry the Investigation and the
commission be authorized to take testimony
uhuer lts provisions He suggests there
lore, that Congress give serious considera-
| ton to just what il desires the Interstate
| commerce commission TO do. and that tho
sum OF Sooop be placed at the disposal OF
| the commission to defray the EXPENSES of
the proposed investigation. The message
| follows:
The Presidents Message
10 the Senate and House of Representa-
tiVes:
i have signed the joint resolution In
structing the interstate commerce conn
| mission to make examinations into the
subject OF railroad Determinations and
monopoiles in coal and oil and report on
the same from time to time L have
signed II with hesitation because in the
form in which ii was passed il achieves
very little and may achieve nothing; and
IL is nlghly undesirable that a resolution
of this kind shall become law in s,lcb
| form as to give the impression of insin-
cerity; that is. of pretending to do some-
tnlng which really is not done But after
/
resolution because it's defects can be
remedied by legislation which | hereby
ask Tor; and 1t must be understood that
unless this subsequent legislation is
granted the present resolution must be
frsilnIy. and may be entirely inoperatfye
before specifying what this legislation is
l wish to call attention to one or two pre-
liminary facts. In the first place a part
OF the investigation requested by the House
OF Representatives in the resolution adopted
FEBRUARY 10, 1905, relating TO the OIL in
dustry, and further part having to do
with the anthracite coal industry has been
for some time under investigation by the
Department of Commerce and Labor These
investigation, am informed, are approach
ing completion, and before Congress ad-
Journs l shall submit to you the prelimi-
nary reports of these investigations Until
these reports are completed the interstate
commerce commission could not endeavor
to carry out so much of the resolution of
Congress S refers to the ground thus al
ready covered without running the risk of
seeing the two Investigations conflict and
therefore render each other more or less
| nugator
In the second place. / call your atteD-
ton to the fact that IL an investigation OF
the nature proposed In this joint resolution
Is thoroughly and effectively conducted, II
will result In giving immunity from crimi
nal prosecution to all persons who are
called, sworn and constrained by compul-
sorry process of law to testify as witnesses;
though. of course, such immunity from
prosecution is not given to those from
whom statements or information merely In
contradistfnction to sworn testimony. is OBJ
tained.
Benefits of Publicity.
This is not at all to say that such in
vestigations should not be undertaken. Pub
licity can by itself often accomplish ex-
traordinary 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 investi-
CATION securing complete publicity about
abuses and giving Congress the material
on which to proceed in the enactment of
laws, is more useful than criminal pros
ecution can possibly be. But IT should not
be provided for by law without a clear
understanding that it may be an alternative
instead OF additional remedy; that Is,
that to carry the investigation may
serve as a bar TO the successful prosecu-
tion of the offenses disclosed. The ofti-
cal body directed by Congress TO make
the investigation must. OF course, carry
ton should not be given without full ap-
probation of what ii means.
Powers Needed by Commission.
But the direction contained in the joint
resolution which I have signed will remain
almost imperative unless money is provfd-
ed to carry out the Investigations in ques-
ton, and unless the commission, in carry
ing them out, is authorized to administer
oaths and compel the attendance OF wit
nesses. AS the resolution now Is. the COM
mission, which is very busy with its legit-
innate work and which has no extra money
at its disposal, would be able to make the
investigation only In the most partial and
unsatisfactory manner; and moreover, IL
is questionable whether II could. under this
resolution administer oaths at all or COM
pei the attendance of witnesses.
III this power were disputed by the
parties investigated the investigation would
courts passed upon It, in which case, dur
ing the period of waiting, the commission
could only investigate to the extent ana
in the manner already provided under its
organic law: SO that the passage or the res
oiution would have achieved no good re-
suit whatever. 90
the serious consideration OF just what they
wish the commission to do and how far
they wish It to go, having In view the pos
sihle ,ncompatibilty of conducting an In
vestiea ton like this and OF also proceeding
criminaIly in a court of law; and, further
more, that a sufficient sum, say $4,000, be
at a0Qed 10 INC CuTtcift dppfcpildtloa
for the commission so as to enable them to
do the work indicated in thorough and
complete manner; while at the same time
the power is explicitly conferred upon them
to administer oaths and compel the attend
ance OF witnesses in making the investtga-
ton in question, which covers work quite
apart from their usual duties. 1t seems
unwise to require an Investigation by
commission and then not to furnish either
the full legal power OF the money, both OF
which are necessary to render the invests
CATION effective
THEODORE ROOSEVELT.
.la1I ifn IIraIlca nEch