The Montgomery advertiser., 1909-01-19
RAYNERASKS FORA REPORT Who S Prosecuting
 Libel Suita SENATOR PRESENTS QUERY Declares Action is Without
 Authority. Ne statute Under Which United states Mey Check Newspapers In Free Criticism of Government
 Agents.
IToR PRESENTS QUERY

Washington Jan. 1s.-A resolution was introduced today by Senator Ray nor. of Maryland calling on the Attor- ney General for information concern ing the bringing of a suit for libel against certain newspapers.
 MT. Rayner asked for immediate consideration, saying the only purpose was to get information whether ,thls suit had been ordered, whether 1t was brought ct the instance of the Presi- dent, under what statute. by whom or dered and by what power and author lty the courts are being used to for- ward this suit.
 The resolution went over till tomor- row, under Senate rules, objection to immediate adoption having been led by Senator Lodge.
 The suit which President Roosevelt Is believed to have ordered against the Press Publishing Company of SNew York, on account of charges in The New York World that certain well known persons. including DougMs Rob inson, the brother-in-law of the Presi- dent. and c. P. Taft. the brother of the President -eiect, were interested In the purchase of the Panama canal proper ty, inspired the Rayner resolution
 Addressing the Senate In support of the resolution, Mir Rayner said there was no law which warrants suit for libel of the government.
 If any suit Is being prosecuted" said Mir. Rayner, i've want to know under what statute 1t Is being brought tunity to repeal that statute on the ground that 1t is in violation of the constitution because 1t abridgeS the freedom of the press.
 If the Attorney General is not pro- ceeding under some statute, then he is violating the laws of the country" Mir. Rayner said.
 Lodge Ready to Defend. Mfr. Lodge suggested that it was im- l portant to know whether this was 8 libel of the government or was being brought by the Attorney General on behalf Of fndivfduala. i7 MT. Rayner retorted that he pro- posed to Show tbkt the Cffcuit Court had no 1urigdiction in either case.
 Senator Knox, intefrupt said, as- suming that the position of the Sena- tor from Maryland was sound. he still thought there were matters for the de- fense to consider.
 In response to a remark by Mir. Knox that he did not think it right to take up the cases of individuals and try them in the Senate before trying them in court, Mir. Rayner insisted that he was not interfering with the work of the courts but calling for information in & very important case. If the At torney General, he said. was summon ing these witnesses in circuit courts outside of the District of Columbia, he was abusing the functions of the courts for "some interior purpose" "Phis," declared MT. Rayner, "is an attempted revival of the sedition laws that have happily gone out of exist ehce long ago. There were half a dozen persons convicted under the old sedition laws when a member of Con- gress was fined and imprisoned. But that law Is out of existence and there is no sedtion law on the statute books of the United States"
 C..P. Taft, of Cincinnati, brother of W. H. Taft, will appear before the grand jury in this city tomorrow in connection with the Panama canal libel proceedings
 MT. Taft reached Washington today from Augusta and at once called upon President Roosevelt for a short con- ference. He said he did not discuss the details of the matter with the Pres ident and did not know the inside of the case. Mir. Taft said that he had received a request from the District At- torney to appear here tomorrow after noon ana LuaL ne ndu not Dcen IOTnldl- ly subpoenaed. He did not know, he said, whether Douglas Robinson, the Presidents brother-in-law, had also been requested to appear before the jury.
 The names of Mir. Taft and Mir. Rob- inson were mentioned in the publica- tions about which President Roosevelt complained.
 Attorney General Bonaparte returned to Washington from Baltimore today and went directly to the capitol where he made an argument before the Su- preme Court of the United States In the case involving the commodities clause of the Hepburn railroad rate law. Mfr Bonaparte hadNnothing to say regard ing the subpoenas as he hurried into the court room, He has already stated that he expected to make a statement on the subject within a few days and pending that statement he declined to discuss the case.
 The same reticence was observed at the office of United States District At torney Baker. Mir. Baker was piled with questions directed with a view to obtaining information as to who the suit really was brought by, which does not appear on the surface in the papers so far at hand; who the com plaining witnesses are. and any other details of an enlightening nature.
 MT. Baker refused positively to an- swer any questions bearing on the case.