Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-13
WARNS AGAINST DESPOT|SM
MR.. WILLETT DENOuNCES
PANAMA LIBEL INQUIRY.
REPRESENTATIVE Declares It Most
fragrant and Dangerous Usurpa-
ton of Power Ever Witnessed.

Characterizing as the most hagraht
and the most dangerous exercise OF
usurped power ever witnessed In TINS
country the grand jury investigation
which have been in progress for several
weeks past in connection with the al
legged Panama libel case, Representative
Willett Of New York. who several weeks
ago vigorously attacked President Roose-
Welt on the floor of the House. yesterday
came to the defense of the papers whose
alleged libelous publications are being
investigated, declaring that 1.-The courts
of the United States have no jurisdiction
in cases Of libel against the government
Of the United States.
1T has not been conferred upon them
by any legislative act" he asserted,
land they possess no criminal jurisdlc-
ton derived from the common law. he
called the present investigation tine
most extraordinary proceeding on the
part of the federal government which
has shocked the country since the days
of the old federalist party. This pro-
ceeding has for weeks been going on
right here in the District Of Columbia,
and seems to have been instigated, If
not directly ordered, by the President.
Quotes Court Decisions.
a large part of Mr. Willett's speech
was taken up with extracts from vari-
out court decisions by which he attempt
ed to prove that there is no legal justi-
fication for prosecuting cases of alleged
libel against the government. He de-
clared that the old English doctrines re-
lating to the libelng of the government
or of great public officers has been reject
ed in all the states Of the Union since
the revolution of 1916. and that 1t had,
before that time. been rejected in Eng
land by the act abOlishing in the reign
of Charles II the star chamber court.
He asserted that the doctrine has ever
reasonable, unjustitiable and unconstitu-
tional fiction" He held that the views
expressed by John Milton in his ia
nous speech on the freedom of the
press and the views of Lord Erskine in
his defense of Thomas Paine, when that
philosopher was indicted for libel upon
the British government, have fixed the
law on this subject in opposition to the
old despotic theory of paternaliSm on
which he said 1.-The present prosecution
is founded
He ridiculed the contention which he
said the governments attorneys are re-
ported to hold that though the principle
that the government of country with a
constitution like ours cannot be libeled
applies everywhere else in the United
States it does not apply in the District
Of Columbia.
In the District Of Columbia.
Libel may be a crime against the Dis
trict of Columbia" he declared, las 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
1t ever be so long as Congress adheres
to those principles on which the revolu-
ton and the Constitution depended. Con-
gress has not defined it in any federal
statutes, nor has Congress given any
district G circuit court of the United
States jurisdiction of the offense, for the
reason, as stated by Judge Johnson In
the Goodwin case that Congress must
first make an act a crime and affix q
punishment thereto before 1t can give
to any court jurisdiction of the offense.
And certainly" added Mr. Willett, mo
reputable lawyer will contend that a
statute passed by Congress acting as a
local legislature of the District of Co
lumbia can create a crime against the
United States
In conclusion Mr.. Willett defined the
present proceedings by the government
as "a uSurpatiOn which seems to be in
tended to forstail this House, the grand
inquest Of the nation, in the exercise of
its right to investigate charges OF cor
ruption brought by responsible citizens
against the administration now in 2oWer.
And 1 warn you that no such usurpa-
ton should be allowed to entangle itself
in precedents lest by repetition the abuse
established on the ruins of our republic. -