Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-02-13
CARMACk MURDER JURY is
SECURED after Is DAYS

tnem Dy any legislative act, ne as
serted, ''and they possess no criminal
jurisdiction derived from the common
law" He called the present investiga-
tion "the most extraordinary proceed
| ing on the part of the federal govern
ment which has shocked the country
since the days of the old federalist
party This proceeding has for weeks
been going on right here in the Dis
| trict of Columbia, under the very shad.
ow of the capitol, and seems to have
been instigated, if not directly ordered,
| by the president"
A large part of Mr.. Willett's speech
was taken up with extracts from var
ious court decisions by which he at
/, tempted to prove that there is no legal
justification for prosecuting cases of
alleged libel against the government
He declared that the old English doc
trines relating TO the libeling of the
government or of great public officers
has been rejected in all the states of
the union since the revolution of 177G,
and that it had, before that time, been
rejected in England by the act abol-
fishing in the reign of Charles ii. the
star chamber court.
| Regarded as Unsafe.
| He asserted that the doctrine has
lever since been regarded 'as an un-
lsafe, unreasonable, unjustifiable and
unconstitutional fiction" He held that
the views expressed by John Milton in
his famous speech on the freedom OF
the press and the views of John Ersk-
inc in his defense of Thomas Paine,
when that philosopher was indicted for
libel upon the British government,
lhave fixed the law on this subject in
deposition to the old despotic theory
Iof paternalism, on which he said ''the
lpresent prosecution is founded
He ridiculed the contention which he
said the governments attorneys are
reported to hold, that, though the prin'
ciple that the government of a coun.
TRY with constitution like ours can
not be libeled, applies everywhere else
in the United States, it does not apply
lin the District of Columbia.
Not Recognized by Government.
!, Libel may be a crime against the
District of Columbia" he declared, "as
lit is against the state of New York
but it is no crime against the federal
government as such, not has ii ever
been; nor will it ever be SO long as
congress adheres to those principles
on which the revolution and the con
: stitution depended Congress has not
| defined it in any federal statutes, mol
has congress given any district or cir
cult court of the United States juris
diction of the offense, for the reason
I as stated by Judge Johnson in the
: Goodwin case. that congress must frs
{ make an act a crime and affix a pun
!, ishment thereto before it can give Il
: lany court jurisdiction of the offense
? Ard certainly" added Mr.. Willett, "nC
5 reputable lawyer will contend that (;
;. statute passed by congress, acting a!
: a local legislature of the District o
Columbia, can create a crime agains
4 the United States.''
: Intended to Forestnll House.
In conclusion, Mr.. Willett defined tn
present proceedings by the government
as "a usurpation which seems 20 be in
tended to forestall this house, tn
b grand inquest of the nation, in the e1
e ercise of its right to investigat
! charges of corruption brought by re
+ sponsible citizens against the admin.
t ,,tration now in power And warn yo
!. that no such usurpation should be a
II lowed to entangle itself in precedent
S lest by repetition the abuse become il
l. veterate and despotism firmly estal
lished on the ruins of our republic"