Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-06
GR|SCOM'SFAST WORK WOULD AMEND: LAW
American Relief Energy Amaz- President Shows Weakness OF
ing to Italians Interstate Commission.
CHIPS nADED IN A HURRY Il ACKS NEEDED POWERS
pvern Omitted and Urging
Within Forty Eight Hours Action
ruaNKs nv MINISTER TITTONI EFFECT DECISION
NOW NOT ophgo 70
House of Representatives tend, Answer and Produce
Desired
President Shows Weakness OF
Interstate Commission.
LACKS NEEDED POWERS
Sends Message to Congress Urging
Action.
EFFECT OF RECENT DECISION
Witnesses Now Not Obliged to At
tend, Answer and Produce
Papers Desired.

President Roosevelt today sent special
message to Congress calling attention to
the recent decision of the Supreme Court
of the United States in the case of Harri-
man agt 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 f. III. Hartman was
upheld in his refusal to answer certain
questions put to him by the commission
in the main relating to the purchase by
the Union Pacific company of the stock
of other companies.
The Message.
The message follows:
''To the Senate and House Of Represen-
tatives:
'The recent decision of the Supreme
Court of the United States in Hartman
versus the interstate commerce commits
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 Congress has the constitutional
power to do SO. the authority claimed
for it in the case recently decided against
it by the Supreme Court.
MIR Justice Day. in delivering the dis
senting opinion, concurred in by Mr.. JUS
tice Harlan and Mr.. Justice Mckenna,
says in part:
1.-The function Of investigation which
Congress has conferred upon the inter-
state commerce commission is one or
great Importance, and while, OF course II
can only be exercised within the consti-
tutional Limitation which protects the In
dividual from unreasonable searches and
seizures and unconstitutional invasions OF
liberty the act should not be construed
SO narrowly as to defeat its purpose.
To Give Commission More Power.
Apparently the language of the act is
such that there is danger lest the last
mentioned results will unavoidably en-
sue upon the authoritative construction
placed thereon by the Supreme Court and
| 1t is. therefore, obvious Congress should
amend the act and change the language
| so as explicitly to empower the commits
sion to require by subpoena the attend
| ance and testimony of witnesses. and the
production of all books and papers relating
| to any matter under investigation, and this
| by virtue Of the powers conferred upon
1
| law under which it is acting or of any
act amendatory thereof, SO as to aid it In
| ascertaining facts upon which it can rec
ommend any additional legislation in ref
erence to the regulation of commerce that
| it may conceive to be within the power OF
Congress to enact
| II further recommend that the commits
sion be explicitly empowered by order t.
| postpone the application of any increase
of rates by any railroad pending exam
| ination by the said commission into sait
| increase to see whether or not 1t is JUST
fed The regulation of the railroad:
should be put as completely as possible
in the hands of the commission for il
can only be rendered effective by being
put completely under the control of some
branch of the national executive, the &C
ton of this branch to take effect i'm
mediately.
(Signed) THEODORE ROOSEVELT,
1.-The White House. January 6, 1909"
The message was read in the Senat
lust a few minutes after Senator Elkin
had submitted an adverse report upol
Senator Fulton's bill providing for practi
cally the same legislation which the Presi
dent recommended in the last paragraph
of his message.
No comments were made upon the mes
sage on the floor of the Senate this after
noon.