The Montgomery advertiser., 1909-01-07
WANTS MORE POWER
ROOSEVELT ASKS FOR AMENDMENT TO LAW.
|. specisl Message to Congress He Ap- seals for an Extension of An.
 thorfty to Commefce ' ss
 Comasfssfon.

w W8Untukt0ut J6u os-EtCSAaChN Roosevelt today sent 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 ieg- islation in the way of amendments to the Interstate commerce law are ad- visabie.
 In the case in question B. H. Harri- man was upheld in his refusal to an- swer certain questions put to him py the Commission in the main relating to the purchase by the Union Pacific Com pany of the stock. of other companies.
 Tn the course. of his message the President said:
 Tt Is obvious that Congress should amend the act and change the lan- guage so as explicitly to empower the Commission to require by subpoena the attendance and testimony or witnesses and the production of all books and papers relating to any matter under Investigation"
 The full text of the Presidents nes-
 sThe recent decision. of fhe Supreme Court of the United States in Harri- man vs. the Interstate Commerce Com mission seems to render advisable fur ther legislation in the way of amend
 
 confer upon the Interstate Commerce Commission insofar as the Congress has constitutional power to do SO. the authority claimed for 1t in the case re- gently decided against 1t by the Su- preme Court.
 ..Mr. Justice Day. in delivering the dissenting opinion, concurred in by Mir. Justice Harlan and Mfr, Justice Mo- Kenna. says in part:
 The function of inyAstigatfon which Congress has conferred upon the Interstate Commerce Commission is one of great importance. and while. of course, it can only be exercised within the constitutional limitations which protect the individual from unreason- able searches and seizures and unconr stitutional invasions of liberty. the act should not be construed so narrowly as to defeat its purposes.
 Apparently the language of the act Is such that there Is danger lest the last mentioned result will unavoidably ensue upon the authoritative construc- tion placed thereon by the Supreme Court. and it is therefore obvious that the Congress should amend the act and change the language so as explfc- itly to empower the commission to re-, quire by subpoena the attendance and testimony of witnesses and the pro- duction of all books and papers relat-f ing to any matter under investigation and this by virtue of the powers cos ferred upon the said commission by any section of. the law under which it Is acting. or of any act amendatory thereof, so as to aid 1t in ascertaining the facts upon which it can recom- mend any additional advantage in-ref-- erence to the regulation of commerce that 1t may conceive to be within the power of Congress to enact.
 T further recommend that the com mission be explicitly empowered by or- der to postpone the application of any increase of rates by any railroad pend- ing legislation by said commission into said increase to see whether or not 1t is justified.
 ~'The regulator of the railroads should be put as completely as possi- ble In the hands of the commission for it can only be rendered effective by being put completely under the control of some branch of the national exec utive, the action of this branch to take effect immediately. -t, .s'~
 (Signed.) '"rheodore Roosevelt"
 'The White House. Jan. 6. 1s0s."