Show I I SOME DEFECTS ARE POINTED OUT R Roosevelt Signs Joint Foint Resolution Calling for Investigation of Railroad oad Discriminations LIKELY TO DO MUCH HARM HARMI I APPROPRIATION NEEDED EVE EVENT T Washington March Roosevelt today sent a a message message to con congress congress gress announcing his sIgnature to the joint resolution recently passed instruct instructing instructing ing the interstate commerce commis cominis commission sion to make examination into the sub subject subject pf of railroad discriminations and monopolies In coal and oU oil He says frankly that he has signed it with h si tation because it may achieve little or nothing He Indicates too that if the investigation proposed by the resolution resolution tion Is conducted thoroughly It will re result suit sult in giving immunity from criminal prosecution to all persons who are called and sworn as witnesses In the opinion of the president the direction contained in the resolution will remain practically Inoperative un unless unless less money be provided to carry on the investigation and the commission be authorized to take testimony under its provisions He suggests that congress give serious consideration to just what it desires the interstate corn com commerce merce commission to do and that be placed at the disposal sal of the commis commission commission sion to defray the of the pro proposed proposed posed Investigation Uon Message in Full I IThe The message in full follows uTo To the House and Senate I have signed the joint resolution instructing the interstate commerce commission to tomake tomake make examinations into th the subject of railroad discriminations and monopolies monopolies lies in coal and oil and report on the same from time to time I have signed it with hesitation because in the form formin in which It was passed it accomplishes very little and may accomplish noth nothing nothing ing and it Is highly undesirable that a resolution of this kind shall become law in such form as to give the impression Zion sion of insincerity that is of pretend pretending ing to do something which is really not done But after hesitation I concluded to sign the resolution because its de defects defects can be remedied by legIslation which I hereby ask for and It must be understood that unless this subsequent granted the present resolution resolution tion must be mainly and ma be en entirely entirely inoperative Calls Attention to Facts Before specifying what this legisla legislation lion tion Is I wish to call attention to one or two preliminary facts In the first place a part of the investigation re required required by the house cf representatives in the resolution adopted Feb 15 1905 relating to the oil inquiry and a fur further further ther part having to do with the anthracite anthracite cite coal inquiry has been for some time under Investigation by the department of commerce and labor These T I am informed are approach approachIng ach aching ing completion and before congress ad adjourns adjourns I shall to you the pre preliminary preliminary reports ot these investigations Until these there reports are completed the interstate commerce commission could not en endeavor eavor to carry out so much of the resolution of congress as refers to ground thus already coy cov covered ered without running the risk of seeing the two Investigations conflict and therefore render each oth r more pr or orless less Jess In the second place I call caIl your attention to the fact that if ifan ifan an investigation of the nature proposed in the joint resolution is thoroughly and effectively conducted it will result in giving immunity from criminal prose prosecution cution to all persons who are called sworn and constrained by compulsory processes of law to testify as witnesses though of course such immunity from prosecution is not given to those from whom statements or Information m mere merely re rely ly in contradistinction to sworn testimony testimony mony is obtained This Is not at all to say that such Investigations should not be en Publicity can by itself often ac accomplish accomplish extraordinary results for good and the court of public judgment may secure such results where courts o 0 law are powerless There are many cases where an investigation securing complete publicity about abuses and giving congress the materIal on whIch to proceed in the enactment ot of laws is ismore Ismore more useful than a criminal prosecution can possibly be But it should not be provided for by law without a clear un understanding understanding that it may be an alternative alternative tive instead of an additional remedy that is that to carry on the Investigation tion may serve as a bar to the success successful successful ful prosecution of the offenses closed The officIal body directed by congress to make the mus must of course carry out its direction and therefore the direction should not be given without full appreciation of what it means Must Provide Means But the dIrection contaIned in the joint resolution which I have signed will wiIl remain almost inoperative unless money is provided to carry out the in investigations InvestIgationS in question and unless the commission In carryIng them out is au authorized authorized to administer oaths and compel the attendance of witnesses As the n now is the commission which is very busy with Its legitimate work and which has no extra money at its disposal would be able to make the investigation only in a partial and unsatisfactory way and moreover it itis itis is questionable whether it coUld under this resolution administer oaths at all allor lJ or compel the attendance of witnesses If this power were disputed by the par parties parties ties investigated the investigation would lie De held up for a 3 ye r or two until the courts passed upon it In which case during the period of wait waiting waiting ing the commIssion could only investigate investigate gate to the extent and in the manner already prescribed under its organic law so that the passage of the resolution resolution tion would have achieved no good re result suit sult whatever I 1 accordingly to congress the serIous consideration of just what they wish the n to do and how far they wish to go having in view the possible Incompatibility of conduct conductIng Ing an investigation like thIs and also proceeding criminally in a court of law lawand lawand and furthermore that a sufficient sum say be added to the current ap appropriation for or the commission so as to enable them to direct the work in a thorough and d concise concis manner while at atthe atthe the same time the power is explicitly conferred upon t them em to administer r oaths and compel the attendance of witnesses in making the investigation in question which covered work quite apart from their usual duties It seems unwise to require tion by a commission and then to furnish legal power or money both of w which are necessary to render the resolution effective Signed THEODORE ROOSEVELT |