The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1909-02-13
IS
POWER USED
IN THE SUIT
And Flagrarlt and Dangerous.
Exercise Thereof Says
Willett.

Willett.
WASHINGTON d. O., Feb. s.
\ charactefizing as the most tiagrant
and the most dangerous exercise OF
usurpt power ever witnessed in this
country, the grand 1nry inFestiga-
tions which have been in progress
for several weeks past in connection
with the alleged Panama libel case,
] Representative Naillett. OF New York.
who several weeks ago vigorously
attacked Presiden Roosevelt on the
floor Of the House, today came to
the defense of the papers whose all
LEGGED libelous publications are. being
investigated, declaring that the
courts Of the United States have no
Ijurisdiction in cases Of libel against
the government OF the United States.
1T has not been conferred upon
them by any legislative act he
asserted, and they possess no crlm-
inal Jurisdiction derived from the
common law He called the pros
ent investigation .ihe most extra
ordinary proceeding on the part Of
the federal government which has
shocked the country since the days
OF the Federalist party. This pro-
ceeding has for weeks been going ON
right here In the District Of colum-
bia,, nnder the very shadow of the
Capitol, and seems TO have been in
stigated, Il not directly ordered by
the President. :
b A large part Of Mr. Willetts
speech was taken I'D with extracts
from various court decisions by
which he attempted, to prove that
there Is no logical Justification for
prosecuting cases OF alleged libel.
against the government. He declar-
ed that the old English doctrine re-
lating to the ltbeIing of the govern
ment or Of the great public officers
has been rejected in ali the states
in the Union since the Revolution OF
1876. and that 1t had, before that
time, been rejected in England by.
the act abolishing in the reign OF:
Charles IL the Star Chamber Court.
He asserted that the doctrine has
ever since been regarded as an un-
safe, unreasonable, uniustifable
and unconstitutional fiction" He
held that the views expressed by
John Milton in his famous speech
on the freedom of the press and the
views of Lord Erskine in his defense
of Thomas Paine, when the philos-I
opher was indicted for libel upon
the British government, have tlxed
the law on this subject in opposition
to the old despotic theory of patern-I
alism, on which he said. the pres
ent prosecution is founded.
He ridiculed the contention which
he said the governments attorneys
are reported to hold. that though
1 the principle that the government
of a country with constitution like
ours cannot be libeled applies every
where else in the United States III
does not apply to the District of Co
lumbia.
Libel may be crime against the
District of Columbia" he declared.
"as 1t is against the State Of New
York, but it is no crime against the
federal government as such, nor has
it ever been; nor will ii ever be sn
long as congress adheres to those
principles on which the Revolution
and the Constitution depended
Congress has not defined Ii in any
federal statutes; nor has congress
given any district or circuit court
Of the United States Jurisdiction or
the offehse, for the reason az stated
! by Judge johnson in the Goodwin
case that congress must first make
an act crime and afix a punIsh-
ment thereto. before II can give 10
any court Jurisdiction OF the ofEense
And certainly" added Mr.. W1Ilstt
no reputable lawyer will contend
that statute passed by congress
acting as a local legislature Of tbe
District Of Columbia. can create 5
: crime against the United States !,
In conclusion, Mr.. wiIlett defined
the present proceedings by the row
ernmene as "a .usurpation which
seems to be intended to forstall this
House. the Grand Inquest Of the
Nation. IN the exercises Of its rlvbt
to investigate charges OF corruption
brought ~ responsible citizens
agaihst the adnifnisfeafsan s