The Birmingham age-herald., 1909-10-13
Judge Anderson Declares Il His Decision That Men
 Are Not Gully
NEWSP AYERS HAVE DUTY
 ID PERFORM ID PUBLIC
Decision of Judge Anderson Appears to be a Blow at the Plaintiffs in the Case and to Uphold
 Freedom of the Press.

Indianapolis Ind. October 12-Judee A. B. Anderson of the United States district court here today dismissed the proceed inss against Delavan Smith ana Charles R. Williams, proprietors of the Indianapo- lis News, who were resisting removal to the District of Columbia for trial under a grand jury indictment charging them With having committed criminal libel in publishing articles alleging that there wa. corrupt profit Of BPS oOO.oO0 in the sale of the Panama canal to the Irnitea States
 Ehat man has read the story Of our institutions to little purpose, said Judge Anderson. in concluding his decision. who does not view with apprehension tne success of such proceeding as this to the end that citizens could be drsvged From their homes to the District of Co iumbia, the seat of government. for trial under the circumstances of this casa rh. oefendants are discharged" At the close today of arenment |, .ho nearing or Messrs. Smith and Williams. 'uoge Anderson said that he was too busy with other matters 10 write a long onjn- Ion In the case although it clearly wss one or great public interest ana import ance and involved several complex oues- lions of procedure in the United statas courts He would proceed he said to sum up at once his view of the evidence and the argument. T am of the optn- lon said Judge Anderson. that the sac,. that certain persons were called 'tbieves' ana ana swinolers' does not constitute libel per SC. newspaper has a certain duty 10 perform. As former President Ina. said, it is, the duty of a newspaper to l lrint the news and to tell the truth about IT, It is the duty Of a newspaper f., ora~ inferences for the people
 Peculiar Matters l Now, there were many peculiar elrcun- stances about the whole Panama canal Duslness. don't wish to be understood as fenectlng upon anybody in or out of office. except such person or persons as may name. The revolution in Panams. the circumstances concerning 1t. were un- usual and peculiar. The people were in terested in the construction of the canal It was a matter of great public concern; a large portion of the people favored the Nicarasuan route. aaother portion. those who were interested in it. officially and personally-just interested-prererr the Panama route. A committee was an
 
 of the two routes. They investigated and reported in favor of the Mica raguah route. Shortly after wards they changed to Panama. Up to the time of that change as l gather from the evidence the lowest offer which had been suggest ed as the one al which the Panama prop erty-the property of the Panama Canal company-coud be procured was some thing above sl0o .000oo0. About this time 1t became rather suddenly known that this property could be secured by the gov ernment for $40, GOO 600.
 Now, there were number of people who thought there was something not just right about that transaction. and 1 say for myself that now l feel natural curiosity to know what the real truth was.
 The Real Truth.
 The real truth was 'thereupon the committee of the United States Senate was appointed to investigate these matters'-about the only way it could be Investigated. The committee met. as stated in these articles. these n>en who knew all about it. I think thai is the proper way to speak of William Nelson Cromwell. We'll these men were called before the committee, and MT Cromwell upon having certain questions put to him. stood on his
  to answer. That was the state of the case. as shown by the evidence. when we adjourned last June.
 "At this session of court certain parts of the records showing the proposition before the Senate have been introduced by the government and the impression made upon my mind from such parts as the government saw fit to introduce is not more favorable to Mir. cromwells position than it was upon the former hearing. So far as the records have been read, MT. Cromwell stood upon his privilege whenever questions were ask ed the answer to which would or might reflect upon him or his asso- ciates; but whenever & question was asked him which gave him an oppor tunity to say something in their be- half, he ostentatiously thanked the ex aminer and proceeded to answer. To my mind that was just grounds for suspicion. l am suspicious about 1t now.
 Matter of Concern.
 80 we have this situation. Here is matter of great public concern. 1 was interested. you were interested. we all were interested Here was a news paper printing the news-or trying to. Here was this matter up for discussion. and l am not willing to say that the lhlcTtnSts were tSO tApiB " ui ia " IT. a mnot approving them-I am simply saying that l am not able to say they were too strongly drawn.
 Now. if that Is the situation, the question is did these defendants. un- der the circumstances act honestly in the discharge of this duty, which l have spoken of, which the law recog nizes, and were they actuated by de- sire to injure the persons who are af- fected by their act. If it was their privilege l would hesitate quite whils before I would conclude that il was my duty to send these people to Washing ton for trial. But that is not it.. Tnls indictment charges the defendants with commission of a crime In the District of Columbia. Now the constitution of the United States in one of the amend ments provides that the accused shall