The Washington herald., 1909-01-19
LIBEL CASE IS HEARD
Proceedings Begun Before a
Federal Grand Jury.
BAKERS BASIS FOR THE SUIT
District Attorney Holds that Crime
Has Been Committed and that II IL
His Duty 10 Bring the Guilty Par
ties to- Trfnl-C. p. Jaft says that
He Is Entirely in the Dark.

Whatever may have heen the original
idea of the administration in Undertaking
to prosecute Joseph Pulitzer. editor OF
the New York World. and other persons,
on the charge Of criminal libel lish-
ing reports OF an alleged qU able
deal in connection with the sale Of the
Panama Canal properties q The United
States. the proceedings begun before the
grand jury Of the District Of Columbia
yesterday are not being conducted on
the theory that the publications in the
World constituted a libel against the
Federal government.
President Roosevelt asserted IN the spe-
cial message on the subject, which he
sent 70 Congress DecemD-f -, shat these
publications "are in fact wholly and in
form partly a libel upon the United
States" There was reason 70 believe
that the idea OF the President viii he
carried out in the proceedings now under
way. but II such was the case. the theory
that the government was a person and
could be Hbeled was aba1 1doned, in part
al least. before the grand 3ury assembled
yesterday morning
Based on Ale -.
In undertaking the pro g. District
Attorney Baker IS basins -.se on the
ground that an alleged crime against eiJi-
zens OF the United States having been
called TO his attention. It is his duty 70
investigate and bring TO trial the person
OF persons supposed 20 be guilty OF the
alleged crime.
Libel where malicious intent 10 injure
is supposed to exist. is a criminal 0fense
in the District Of Columbia and the
officers are going ahead upon
the principle that It IS as much their
duty 10 Inquire into the circumstances Of
an alleged criminal libel as it IS 10 make
similar inquiry when they have reason to
suspect that a murder. theft. or other
crime has been committed
In other words. the basis OF the present
proceedings IS that the government has
the right to initiate a prosecution when
ever Il suspects that a crime has been
committed without waiting for the party
or parties aggrieved or injured 10 make
formal complaint or swear out warrant
OF STrest.
Some people may find in this principle
not a marked difference from the cOnten-
tion that the alleged libel was upon the
government of the United States. II is
contended. however. By those having
knowledge OF the purposes OF the gov
ernment that the cases are not in the
least analogous.
No One Has Complained
There Is nc public knowledge Yet indi-
eating that Charles P. Taft. OF Douglas
Robinson. or William Nelson Cromwell.
who were mentioned by the World as
supposed parties 20 the alleged Panama
Canal deal. made complaint TO the dis
trict attorney here that a crime had been
committed by the publication Of a libel
upon them
The prevailing belief IS that Distric-
Attorney Baker is going ahead under
notice from President Roosevelt. trans
mitted directly or through Attorney Gen
eraI Bonaparte, that the law OF criminal
libel had been violated by the World
Charles p Taft. who came 10 Wash
ington from Augusta yesterday. said he
had come here in response to a tele-
graphic request from the district attorney.
Douglas Robinson. who is President
Roosevelt's brother-in-law. is here also,
presumably on the same business. Will
lam Nelson Cromwell has been in Wash
ington for two days.
One witness was examined by the grand
jury yesterday. He was a former Wash
ington correspondent Of the Indianapolis
News. and il is supposed that his appear
snce before the gf--Td jury was to es-
tablish the fact Of the publication Of the
News and its circulation in the city of
as well as the fact that it
had correspondent OF agent within this
jurisdiction
SOt Aimed at World Alone.
It is apparent from this. as vel as
other circumstances, that the proceedings
are not aimed exclusively at the World,
but are intended to bring sbOut the prose-
Continued on Page 8, Column l.