The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-13
EDITORS co FREE.
indianapolis News Men Can't Re
Taken to Washington
For Trial on n Charge Of Grim
inaI Libel.
UPHELDBYTHE COURT
In Their Right to Draw In
ference for the Public.
Great Victory for a Free and
UntrammeIsd Press.

Indianapolis, Oct. 13.-Judge A b.
Anderson of the United States court
of this district dismissed the proceed
ings against Delevan Smith and G. r.
Williams, proprietors of the Indiana
polls News, who were resisting re-
movaI to the District of Columbia for
trial under a grand jury indictment
charging them with having commit
ted criminal libel in publishing arti-
cles alleging there was a corrupt pro
fit of $2S.O0O.O00 in the sale OF the
Panama canal to the United states:
THAT man has read the history OF
our institutions to little purpose,
said Judge Anderson, in concluding
his decision, who does not view with
apprehension the success or such
proceeding this to the end That cit
liens could be dragged from their
homes to the District of mola'
the seat of government, for trial un-
der the circumstances of this case
The defendants are discharged
At the close of argument in the
hearing of Messrs Smith and Will
liams, Judge Anderson said he was
too busy with other matters TO write
a long opinion in the case, though 1t
clearly was one of great public inter,
est and Importance and involved sew
eral complex questions OF procedure
in the United States court He would
proceed. he said. to sum up at once
his view of the evidence and the ar
gument.
The Opinion in Full.
II am of the opinion" said Judge
Anderson, that the fact that certain
persons were called thieves and
'swindIers' does not constitute libel
per Sc. a newspaper has a certain
duty to perform. AS a former presi-
dent has said 1t is the duty of a
newspaper to print the news and to
tell the truth about it 1t is the duty
of a newspaper to draw differences for
the people.
Now. there were many peculiar
circumstances about the whole Pana-
ma canal business. 1 do not wish to
be understood as rejecting upon any !
body in or out of office. except such |
person or persons as may name. The |
revolution in Panama and the cir |
cumstances concerning it were un-
usual and peculiar. The people were !
interested in the construction of the /
canal 1t was a matter of great pup |
lie concern: a large portion OF the |
people favored the Nicaraguan route; |
another portion, those who were in
terested in it, officially and personally |
Just terested-preferred the Pan
anna route. A committee was ap-
pointed to investigate the relative
merits of the two routes. They in
vestigated and reported in favor of
the Nicarag guam. Shortly afterward
they changed to Panama.
up to the time of that change, as l
gather from the evidence. the lowest
offer which had been suggested the
one at which the Panama property-the
property of the Panama Canal company
could be procured, was something
over one hundred millions. Then rath-
er suddenly it became known that it
could be procured for forty millions.
Nov there were a number of people
who thought there was something
not just exactly
right about that transaction and say
for myself that now 1 feel a natural
curiosity to know what the real truth
was.
Criticises Cromwell.
''Whereupon, the committee of the
United States senate was appointed to
Investigate these matters-about the
only way it could be Investigated. The
committee met, as stated in these
these men who knew all about
it. 1 think that is the proper way to
speak of William Nelson Cromwell.
Well these men were called before the
committee and Mr.. Cromwell. upon
having certain questions put to him
stood upon his privilege as an attorney
and refused to answer.
That was the state of the case, as
shown by the evidence when we adj
iourned last June.
"At this session of court certain parts
If the records showing the proposition
before the senate have been introduced
by the government and the impression
lSade upon my mind from such parts as
he government saw fit to introduce is
lot more favorable to Mr.. CromwelPs |