MESSAGE COMMUNICATED TO THE TWO HOUSES OF CONGRESS, MARCH 7, 1906

_To the Senate and House of Representatives_:

I have signed the joint resolution “instructing the Interstate

Commerce Commission to make examinations into the subject of railroad

discriminations and monopolies in coal and oil, and report on the same

from time to time.” I have signed it with hesitation because in the

form in which it was passed it achieves very little and may achieve

nothing; and it is highly undesirable that a resolution of this kind

shall become law in such form as to give the impression of insincerity;

that is, of pretending to do something which really is not done. But

after much hesitation I concluded to sign the resolution because its

defects can be remedied by legislation which I hereby ask for; and it

must be understood that unless this subsequent legislation is granted

the present resolution must be mainly, and may be entirely, inoperative.

Before specifying what this legislation is, I wish to call attention

to one or two preliminary facts. In the first place, a part of the

investigation requested by the House of Representatives in the

resolution adopted February 15, 1905, relating to the oil industry,

and a further part having to do with the anthracite coal industry, has

been for some time under investigation by the Department of Commerce

and Labor. These investigations, I am informed, are approaching

completion, and before Congress adjourns I shall submit to you the

preliminary reports of these investigations. Until these reports

are completed the Interstate Commerce Commission could not endeavor

to carry out so much of the resolution of Congress as refers to the

ground thus already covered without running the risk of seeing the two

investigations conflict, and therefore render each other more or less

nugatory. In the second place, I call your attention to the fact that

if an investigation of the nature proposed in this joint resolution

is thoroughly and effectively conducted, it will result in giving

immunity from criminal prosecution to all persons who are called, sworn

and constrained by compulsory process of law to testify as witnesses;

though of course such immunity from prosecution is not given to those

from whom statements or information, merely, in contradistinction to

sworn testimony, is obtained. This is not at all to say that such

investigations should not be undertaken. Publicity can by itself often

accomplish extraordinary results for good; and the court of public

judgment may secure such results where the courts of 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 of laws, is more useful than a criminal prosecution can

possibly be. But it should not be provided for by law without a clear

understanding that it may be an alternative instead of an additional

remedy; that is, that to carry on the investigation may serve as a bar

to the successful prosecution of the offences disclosed. The official

body directed by Congress to make the investigation must, of course,

carry out its direction, and therefore the direction should not be

given without full appreciation of what it means.

But the direction contained in the joint resolution which I have signed

will remain almost inoperative unless money is provided to carry out

the investigations in question, and unless the Commission in carrying

them out is authorized to administer oaths and compel the attendance of

witnesses. As the resolution 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 the most partial and

unsatisfactory manner; and moreover it is questionable whether it

could, under this resolution, administer oaths at all or compel the

attendance of witnesses. If this power were disputed by the parties

investigated, the investigation would be held up for a year or two

until the courts passed upon it, in which case, during the period of

waiting, the Commission could only investigate to the extent and in the

manner already provided under its organic law; so that the passage of

the resolution would have achieved no good result whatever.

I accordingly recommend to Congress the serious consideration of

just what they wish the Commission to do, and how far they wish it

to go, having in view the possible incompatibility of conducting an

investigation like this and of also proceeding criminally in a court

of law; and furthermore, that a sufficient sum, say fifty thousand

dollars, be at once added to the current appropriation for the

Commission so as to enable them to do the work indicated in a thorough

and complete manner; while at the same time the power is explicitly

conferred upon them to administer oaths and compel the attendance of

witnesses in making the investigation in question, which covers work

quite apart from their usual duties. It seems unwise to require an

investigation by a commission and then not to furnish either the full

legal power or the money, both of which are necessary to render the

investigation effective.

Presidential addresses and state papers, Volume 4 (of 7) · 第 69 / 72 题