Presidential addresses and state papers, Volume 4 (of 7)Roosevelt, Theodore
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Presidential addresses and state papers, Volume 4 (of 7)
Roosevelt, Theodore
Roosevelt, Theodore, 1858-1919; United States -- Politics and government -- 1901-1909
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.
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