The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-18
THE MESSAGE.

termined
THE MESSAGE.
The full text OF the message follows:
ITO the Senate and House of Represen-
tatives:
II submit herewith a letter of the at
torney general enclosing a statement OF
the proceedings by the United States
against the individuals and corporations
commonly known as the ''hset packers,
and commenting upon the decision OF Dis
trict Judge Humphrey. The result has
been q miscarriage OF Justice II clearly
appears from the letter Of the attorney
general that no criticism whatever at
taches 10 Commissioner Garfield: what he
did was In strict accordance with the law
and In pursuance OF duty imposed on
him by congress, which could not be
avoided: and, OF course. congress in pass
ing the Martin resolution. could not pos
sibly have foreseen the decision OF Judge
Humphrey.
ABSOLUTELY ABORTIVE.
: "Bat-th4s- interpretation -ey-1sasa-
Humphrey OF the viii OF tho congress
was expressed in legislation is such
as 10 make that bill absolutely abor.
tive. Unfortunately there is grave
doubt whether the. government has
sion OF the district Judge The case
will illustrate the desirability OF con-
ferring upon the government some
questions Of law which the defendant
now has. in all cases whore the de-
fendant had not been put in jeoJardy
by a trial upon the merits OF tho
OF many OF the states, and the law
Of the District OF Columbia recently
enacted by the congress give the gov
erai law OF the character indicated
should certainly be enacted.
Furthermore. II is very desirable TO
enact law declaring the true con-
far as II affects immunity. / can
hardly believe that the ruling OF Judge
Humphrey will be followed by other
woad Se 20
nullfy very much and possibly the
major part OF the good TO be obtained
from The interstate commerce law
and from the law creating the bureau
OF corporations In. the department OF
commerce and labor: or else fire.
quently to obstruct an appeal to the
criminal laws by the department of
"There seems to be no good rea-
son why the department OF Justice.
and the inter state commerce. commits.
sion, each should not for the common
good, proceed within its own powers
functions OF the other
CLAIM OF IMMUNITY.
"rt Is of course necessary under the
Constitution and tho laws that persons
who give testimony or produce evidence
as witnesses should receive immunity
from prosecution. II has hitherto been
supposed that the immunity conferred by
existing laws was only upon persons, who
being subpoenaed have given testimony
or produced evidence as witnesses relat-
ing 20 any offence 20 which they have
been or might be charged.
But Judge Humphreys decision Is in
effect II thUt If either ttrs commissioner
OF corporations does his duty. or the inter
state commerce commission does it's by
making the Investigations by which they
are required. though they issue no sub
poenas, and receive no testimony or evil
dence, within the proper meaning OF these
words. the fact Of the investigation
may. OF itself. operate 10 prevent tho
prosecution OF any offender for any Of
fence which may have been developed In
even the most indirect manner during
the course or the investigation. or even
for any offence which may have been
detected by investige tions conducted by
the department OF Justice. entirely iude-
pendent of the labors OF the Interstate
commerce commission or OF the commits
sloner OF corporations-the only condition
OF immunity being that the offenders
should have given or directed 10 be given
information which related 20 the subject