The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-01-17
GRAND JURY TO ACT
SubpOenas Are Issued in the
Canal Libel Suit.
CORRESPONDENTS SUMMONED
Must Tell what They Know About
Certain Newspaper Artieles-JOseph
Pulitzer, Owner OF the New York
world, the Target Aimed at by
President Roosevelt in Message.

| In accordance with President Roose-
velt's expressed intention to proceed GRIM
inally against Joseph Pulitzer. editor of
the New York World. for the publication
Of the story OF an alleged corrupt deal in
the sale Of the Panama Canal. the United
States attorney for the District Of Column
bia has summoned witnesses to appear
before the Federal grand jury in Wash
ington tomorrow. with the apparent OBJ
jet Of obtaining evidence upon which TO
proceed against Mr.. Pulitzer.
Six newspaper men. representing news
papers not printed in Washington. have
been summoned before the grand Jury.
and it Is said that subpOenas viii be
served on others. A newspaper delivery
agent has been directed TO appear also.
presumably 10 testify 70 the fact that
newspapers containing the alleged libel
were circulated in Washington
There are indications also that proceed
ings in connection with the Panama
Canal publications are to be instituted in
New York The Washington correspond
ent OF a newspaper has been summoned
to appear before the Federal grand jury
there tomorrow, and It is the belief
here that the proceedings relate to those
TO be begun in this Jurisdiction
Suit Against the World.
The subpoenas served here for the
show that the case TO be heard is thar
OF the United States against the Press
Publishing company. which. publishes the
New York World
II Is stated In the subpOenas that the
case IS OF a criminal character. An Of
hcer OF the district attorneys Office said
last night that the proceedings were 10
be brought under the common law and
not under any specific statute. but he
would not say whether the United States
government OF an individual was the
complainant There have been decisions
that the libel against the United States
cannot be prosecuted under the common
law, and it Is not clear on what ground
the action is based
Opinion OF Attorney General
1t IS supposed here that the criminal
proceedings against the World were in
stituted upon an opinion Of the Attor-
ney General that criminal proceedings in
which the charge OF nbeling the United
States was involved could be brought IN
der the common law.
Whether such an opinion was rem
dered on the grounds upon which criminal
proceedings can be brought under the
common law had not been learned. IN
the case OF the United States against
Goodwin, the Federal Supreme Court was
confronted with the question whether
the circuit courts OF the United States
had a common law jurisdiction IN cases
OF libel.
A majority OF the Supreme Court de-
cided that the circuit courts could not
exercise a common law Jurisdiction in
criminal cases The court held further
that 10 exercise criminal jurisdiction in
common law cases was not within the i'm
Piled powers OF the courts. and il was
necessary for Congress 20 make the act
a crime. 20 afix a punishment TO II. and
to declare the court should have jurisdic-
ton.
Kent. in his Commentaries. refers to
Earring opinions and decisions Of the
Federal courts" on this question Of the
application and influence Of the common
law
Correspondents suBPoeaaed.
Following is the list OF witnesses sum
moned here:
Otto Carmichael. manager New York
World bureau; Charles Albert and Jesse
Conway. members OF the Washington
stan OF the New York World: James P
Hornaday. correspondent OF the Indian
apoIis News: Harris n. Crist. CORE
spondent Of the Brooklyn Eagle. and
William Smith. a newsdealer.
Crist Is subpoenaed for appearance to-
morrow before the grand jury in New
York. The others are TO appear before
the grand jury here. II Is alleged that
Crist investigated the statements made
By the New York World and reported TO
his paper that he could not substantiate
them. Smith IS the man who delivers
the New York newspapers regularly at
the White House.
Carmichael and Albert both stated
last night that the articles complained OF
did not originate n the World bureau
here
World Mentioned in Message.
In a special message sent to Congress
December 10. President Roosevelt referred
TO the constant reiteration Of the as
sertion that there was some corrupt
action by or on behalf Of the United
States government in connection with the
acquisition Of the title Of the French
Company 10 the Panama Canal. and Of
the repetition Of the story that syndi-
cate OF American citizens owned either
one or both OF the Panama companies
Mr.. Roosevelt said that it was printed
in the New York World that among
other persons who II was alleged had
made huge profits. were Charles P.
Taft. a brother Of William H Taft. and
Douglas Robinson, my brother-in-law.
and that William Nelson Cromwell, the
counsel for the Panama Canal Company
in the negotiations. was in some way
implicated with the United States govern
mental authorities in these improper
transactions
SUBP0ENAS At INDIANAPOLIS.
E0Io~es Of No. CF4aI e.