Goldsboro semi-weekly argus., 1909-10-20
THE SPIRIT OF LIBERTY.

Aue odILAuOro sun reviews the re-
cent decision of Judge Anderson in the
libel suit entered by Mr.. Roosevelt
against newspapers that printed GER
tain charges in connection with the
Panama Canal deal. It says:
"In one important particular the
prosecution of the proprietors of the
Indianapolis News, instituted by the
Federal government in the last
months of the Roosevelt administra-
tion. has ended, justly and properly
in the dismissal of the proceedings by
the United States District Court in In
diana. The defendants were charged
with criminal libel in publishing arti-
cles alleging that there was a profit of
$:S,0O0,O00 to certain individuals in
the sale of the Panama canal to the
United States. They were indicted by
the grand jury in the District of Co.
lumbia, and the government sought to
effect their removal from Indianapo-
lis to Washington for trial in a Fed
elal court in the national capital
If the history of liberty means
anything said Judge Anderson in his
decision, If the constitution means
anything, the government should not
have the power to drag citizens from
distant states to the national capital
for trial. That man has read
the history of our institutions to little
purpose who does not view with ap-
prehension the success of such a pro-
ceeding as this The proprietors of
the Indianapolis News were charged
with the commission of crime in the
District of Columbia. 1t is a reason
able inference, from Judge Anderson's 8
decision, that he questions whether
they committed any crime anywhere
in publishing the articles alleged to
be libellous. But he was not called
upon to decide that issue. The consti-
tuition of the United States provides
that an accused person shall be tried
in the state or district where the Of
tense is committed. The alleged Of
fense in this case, the judge concludes,
| was committed in Indianapolis, where
| the defendants newspaper is publnsh-
| ed, and not in Washington, where a
few copies of the News, containing the
alleged libel were received through
the mails.
"The decision of Judge Anderson is
| the essence of common sense and JUS
| tice. The rights and liberty Of no citi-
zen would be secure if the principle
for which the government contendeG
in this case were upheld by the courts
In maintaining the constitutions
rights of the citizen, and in defending
and upholding the freedom Of thu
press, Judge Anderson has acted will
commendable wisdom and courage.
newspaper, he well says, has a dut.
to perform, and that duty, defined il
the language of former President
is to print the news and to tell thu
truth about it. In Judge Anderson
opinion it is also the duty of news
paper to draw inferences from tn
/ news for the benefit of the people.
"The Indianapolis News publishet
} what it believed to be the truth. I
the publishers were guilty of an.
crime, they were entitled to trial il
|, the state or district in which the of
. fense was committed. In maintaining
| this constitutional right Judge Ander
son has performed public service o
the greatest Importance. He has safe
guarded not only the freedom Of tn
press, but of every citizen of this re
public. He has done his duty wisel
: and fearlessly and has thereb
strengthened the confidence of tn
people in the Federal Judiciary