The Birmingham age-herald., 1909-01-27
District Attorney Will Prose- cute If Federal Gases
 Are Suspended
MUST BE
 GIVEN NEW YORK SUITS
Suit Will Be Brought By Douglas Rob. inson, If 1t Is Brought at All, and Mir. Jerome VIII Prose
 cute Actively.

New York January 26.-The possibility of the federal authorities having to stand aside to permit the state and county Of New York to proceed against the publish CTS of the New York World. for the al- legged libel in connection with the Panama purchase was made apparent today in a letter written by District Attorney Je- rome to United States District Attorney Henry L. Stimson.
 Provided Douglas Robinson brother-n- law of the President, Is willing to appear as a complainant witness, MT. Jerome is ready, the letter states to begin &C., tion at once in the state courts.
 It would be useless for him to do so. however, he explains, If his inquiry is not given precedence over that begun before the federal grand jury. as acquittal or conviction in one court would act sui ficient defense in the other.
 T have given the matter published in the New York World of October 3. 1908, careful considerations, the letter says. "and am of the opinion that it is plainly a libel on Charles P. Taft and Douglas Robinson. assuming, of course, that 1t Is untrue as to syndicate mentioned therein, and their alleged connection herewith. Under the law of this state, it's publica- ton is a crime and as it was published in the county of New York it is my duty, under certain circumstances, to prosecute those responsible for the pub lication.
 "The publication has much wider gem eral importance than is found in most libels. It in substance charges that by corrupt and dshonorable, If not criminal means, the treasury of the United States | was depleted to the extent of $36500,0o0 1 through the connivance, to give 1t no l harsher description, of some of the chief l officers of the state, and that this great l sum was divided among government fav- orites in the world of politics and finance | Mir Jerome then voices his conviction | that so serious a charge should not pass
 unchallenged and that adequate justifica- ] ton should be shown or those making 1t | properly punished
 From this point of view" the letter continues "the federal authorities, 1t seems to me, have distinct interest and a positive duty to perform and from
 what you tell me, it would seem that the
 Jurisdiction of the federal courts is ade- auate. There is another point of view, however. While the whole people of the United States have been injured by the publication of such false and lbelous mat ter the people of this state have re- ceived distinct and separate injury In that one of it's citizens. Douglas Rob inson, has had false matter published about him in the community in which he lives. and Is respected, the direct purpose and tendency of which is to brand him a dishonorable and dishonest man and l one who was willing to trade upon the honor of his brother-in-law. the President
 of the United States.
 This offense. l am loath to allow to mass unpuniShed or least without an effort to properly punish it. Therefore, should MT. Robinson express to me his
 wish to have an action for criminal libel instituted, I shall institute such action, provided I may do so without interference in a matter over which the federal courts have jurisdiction, and in which action has already been taken by the federal au- thorities.
 ITO summarize: If Douglas Robinson requests me to commence action for crim- inal libel aganist the persons responsible for this publication I will do so. provid- ed that the Attorney General of the United States informs that he deems 1t wise that the state prosecution shall take precedence in the trial of any fndict- ment that might be found over the trial of any indictments against the same per sons that may be found for the same mat ters in the federal courts"
 Taken in connection with the fact that the hearings today before the federal grand jury were adjourned until next Monday afternoon after but one witness. John E. Wier. reporter for the New York American had been examined, Mir. Jeromes letter is believed by many to augur the suspension, momentarily, at least, of the federal inquiries and the early inception of an inqusition by the state, with MT. Robinson as It's moving spirit