The Birmingham age-herald., 1909-01-07
ROOSEVELT WANTS
 THE LAW CHANGED He Wants To Give Mere Power to Interstate Commission SPECIAL MESSAGE IS SENT In Reference to the Decision Which Kept E. H. Hartman From Testi-
 lying In Court Roosevelt
 Wants New Law.
SPECIAL MESSAGE IS SENT

Washington. January 6-President Roosevelt today sent a special message to Congress calling attention to the re- cent decision of the supreme court of the United States in the case of Harri- man vs the interstate commerce com mission as indicating that further legis- lation in the way of amendments to the interstate commerce law is advisable. In the case in question. E, H. Hartman was upheld in his refusal to answer cer- tain questions put to him by the com mission in the main relating to the pur- chase by the rnion >Pacific company of the stock of other companies.
 In the course of his message the Pres ident said: It is obvious that Congress should amend the act and change the language so as explicitly to empower the commission to require by subpoena the attendance and testimony of witnesses and the production of all books and pa pers relating to any matter under in yestigation."
 The full text of the Presidents mes sage follows:
 The recent decision of the supreme court of the United States in Hartman versus the interstate commerce comms- sion seems to render advisable further legislation in the way'of amendments to the existing law which will confer upon the interstate commerce commission. so far as the Congress has constitutional right to do so. the authority claimed for il in the case recently decided against 1t by the supreme court. MT. Justice Day, in delivering the dissenting opinion. con cured in by MT. Justice Harlan and MI. Justice McKenna, says in part:
 "'rhe function of Investigation which Congress has conferred upon the inter state commerce commission is one or great importance and while, of course It can only be exercised within the constitu- tional limitations which protect the in dividuar from unreasonable searches and seizures and unconstitutional invasions of liberty the act should not be con strued so narrowly as to defeat its pur- poses
 Apparently the language of the act is such that there is danger lest the last mentioned result will unavoidably en- sue upon the authoritative construction placed thereon by the supreme court, and it is therefore obvious that the con gress should amend the act and change the language so as to explicitly em- power the commission to require by sub poenae the attendance and testimony of witnesses and the production Of all books and papers relating tos any matter under investigation. and this by virtue of the powers conferred upon the said commission by any section of the law un- der which it is acting, or of any act amendatory thereof, so as to aid it In as pertaining the facts upon which 1t can recommend any additional advantage Tn reference to the regulation of commerce that it may conceive to be within the power of Congress to enact.
 q further recommend that the commits sion be explicitly empowered by order to postpone the application of any increase of rates by any railroad pending eXami- nation by the said commission into said increase to see whether or not 1t is jus tifed The regulation of the railroads should be put as completely as possible in the hands of the commission for 1t can only be rendered effective by being put completely under the control of some branch of the national executive the ac- tion of this branch to take effect imme- dately.
 THEODORE ROOSEVELT. ssr,l,a White House January 6. 19O9."