New-York tribune., 1909-02-18
-. Panama canal a glory 70 the Amer
i-- -n.fnr the rrnrid over

=. .b. Panama canal a glory to the Amer
5rsn nation the world over
DISTRICT COURT JURISDICTION
,-,,s- IN allegations that libel is an OBJ
~.,o ~ one over which the District OF
Columbia courts have no jurisdiction ths De
,srfnasnt Of Justice tonight issued a s'ste'leit
limited to proceedings in the disuict "ni'-
saws that the courts Of the o1sIlct eAeio e.
,,stbou, dIspute the common law 5urisdlc1lon
---..r-.s -, she corrts of Maryland prior TO
its cessson- and that libel has always Oeen
a crime in Maryland and prosecutions for y
have occurred from fts earliest history as
colony down 10 the past year
The onaniou Of the late Chief Judge NC
sherry tn the case OF Bsines vs. State is ci1eo
which is as follows:
There is no difficulty in Determining what
publications constitute criminal noeI. ss -
-7s,A erftseisrn OF the acts and the conouct OF
,aDblfc ,fSce-s bv the press is not only permis-
EIbs, but under government IKE ouIs. %l.e IN io
fh, public officer is IN theory and ougnt 10 pe "a
Ssct the pubic's servant. IT is one Of the most
enecftve methods TO secure fidelity ana 10 PtL Pe
vent abuses on the part 81 nose nose, berV Of the
press should not be restricted or aprlqgeGE .. -
should not the other hand be pertliuteo t 70
~z.-S+en its uroper limits he allowed 10 oe-
xen.rate into vanton vituperation- BY such =
Ssxenerhcy the usefulness and the lnnuence OF OF
she rress would soon ne destroyed ana seilous
<ns,.rv vgoz,ld be inflicted on unoffending indl-
sTidusIs.
III. statement OF the Department Of Justice
goes On;
rn the District Of Columbia there have been
no less than twenty-five original prosecutions
for libel within the past ten years. Tne fore
eoinS facts show how groundless nave peeIl az =
Legations recently made that this offence is
obsolete OF which the courts OF the us
Srfc; have no Jurisdiction
In speaking Of the articles which appeared IN
sThe New York World" and 1.-The Indianapolis
ard printed without the limits OF the district
but published by circulation and distribution
within the limits OF the national capital II the
defendants csn establish the truth Of what they
have thus published this viii he complete de-
fence in the present case. II they cannot. the
Language Of Chief Judge McSherry seems emil
uentIy appropriate TO their conduct
The indictments against all the parties are
substantially identical and are very elaborate
setting out & complete history Of the transac-
tson by which the United States acquired title
10 the Panama Canal property from the French
company. Extensive quotations from news arti-
<les and editorials published by both The New
York World" and THE Indianapolis News" are
given IN the indictments. In addition, they con-
tain the unusual feature OF Photographic like
ressss Of the men who have figured in the
stories and the reproduction OF a cartoon which
sppsared IN '=The Indianapolis News repre-
sentinE Norman E. Mack digging UP evidence in
the Canal Zone against Cromwell, Charles P.
Tart and ]. Pferpont Morgan, who are repre-
scented as overlooking the operation. The
Norld"s pictures Of Charles P. Taft, Douglas
Robinson and William Nelson Cromwell pub
lished in connection with story about great
Panama Canal deaT' are reproduced in the in
dictrnsnt against that paper.
In both indictments the second count charges
that the publications ''unlawfulIy and malicious
"" were intended Ito vilify the said Charles P.
Taft she said William Nelson Cromwell and the
said J. Pierpont Morgan, and to bring them and
each Of them into public scandal contempt,
ridicule. infsmy and disgrace"
II is alleged in the indictment against The
Indianapolis News" that that paper. through its
editors and proprietors. ''unlawfully and malic-
fously' contrived and intended Ito vilify and
defane the said Theodore Roosevelt. President
Of the United States. the said J. Pierpont Nor
gan, the said Charles P Taft. the said Douglas
Robinson and the said William Nelson Crom-
well snd 70 bring them into public scandal
contempt ridicule, infamy and disgrace"
Indianapolis Feb 11-Delavan Smith and
Charles r. Williams. owners of THE Indianapo-
lis News" who were indicted by the federal
rrand fury in Washington to-day. announced
that they would contest extradition 70 the Dis
trict Of Columbia for trial the ground that
the alleged offence was committed in Indianapo-
iis. the place Of the publication Of THE News