And State Papers 183 



Without the adoption of a constitutional amend 

 ment, my belief is that a good deal can be done by 

 law. It is difficult to say exactly how much, because 

 experience has taught us that in dealing with these 

 subjects, where the lines dividing the rights and 

 duties of the States and of the Nation are in doubt, 

 it has sometimes been difficult for Congress to fore 

 cast the action of the courts upon its legislation. 

 Such legislation (whether obtainable now, or ob 

 tainable only after a constitutional amendment) 

 should provide for a reasonable supervision, the most 

 prominent feature of which at first should be pub 

 licity; that is, the making public, both to the gov 

 ernmental authorities and to the people at large, the 

 essential facts in which the public is concerned. 

 This would give us exact knowledge of many points 

 which are now not only in doubt, but the subject of 

 fierce controversy. Moreover, the mere fact of the 

 publication would cure some very grave evils, for 

 the light of day is a deterrent to wrong-doing. It 

 would doubtless disclose other evils with which, for 

 the time being, we could devise no way to grapple. 

 Finally, it would disclose others which could be 

 grappled with and cured by further legislative action. 



Remember, I advocate the action which the Pres 

 ident can only advise, and which he has no power 

 himself to take. Under our present legislative and 

 constitutional limitations the national executive 

 can work only between narrow lines in the field of 

 action concerning great corporations. Between those 

 lines, I assure you that exact and even-handed justice 



