Goldsboro semi-weekly argus., 1909-10-16
THE RIGHTSOF PERSONS
Judge Anderson Makes Him
SeIfcIeaF and ForcefuI
In An Opinion.
Views With Apprehension the Success
of Such Proceedings, Which
Would Drag Men From Their
Homes ON Such Charge.

Homes ON Such Charge.
Indianapolis, Ind, Oct. 12.-Judge
A. B. Anderson, of the United States
Court of this district, today dismissed
the proceedings against Delavan
Smith and Charles r. Williams, pro-
prietors of the Indianapolis News
who were resisting removal to the
District of Columbia for trial under a
grand jury Indictment charging them
with having committed criminal libel
against ex-President Roosevelt, Pres
ident Taft, Charles P. Taft, William
Nelson Cromwell, J. Pierpont Morgan
and others, in publishing articles al
leging that there was a corrupt profit
of S2S, 100000 in the sale of the Pana-
ma 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 ap-
prehension the success Of such a pro-
ceeding as this to the end that citi-
zens could be dragged from their
homes to the District of Columbia, the
seat of government, for trial under
! the circumstances of this case. The
defendants are dicharged."
At the close of argument in the
hearing, Judge Anderson said that he
was too busy to write long opinion
! in the case, but he would sum up at
| once his view of the evidence and the
argument
''Now, there are many peculiar cir
cumstances about the whole Panama
canal business. [ do not wish to be
understood as rejecting upon anybody
| in or out of office, except such person
or persons as may name.
'The revolution in Panama, the cir
cumstances concerning it, were unus-
ual and peculiar. The people were
| interested in the construction of the
| canal. 1t was a matter of great pub
| lie concern; a large portion Of the
people favored the Nicaraguan route;
another portion, those who were in
terested in it, officially and personal
ly-jHsb interested - preferred the
Panama route. A committee Was APP
pointed to investigate the relative
merits of the two routes. They in
vestigated and reported in favor of the
! Nicaraguan route. Shortly afterwards
they changed to Panama.
Now, there were a number of peo-
pie who thought there was something
wrong-something not just exactly
! right about that transaction, and l say
! for myself that now | feel natural
curiosity to know what the real truth
was.
'Thereupon 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
articles, these men who knew all
about it. I think that is the proper
way to speak of William Nelson Crom-
well. Well, these men were called
before the committee, and SO far as
| the record has been read, Mr.. Crom-
we'll stood upon his privilege when
ever questions were asked, the an
sWer to which would or might reflect
upon him or his associates; but when
| ever a question was asked which gave
| him an opportunity to say something
! in their behalf he ostentatiously
thanked the examiner and proceeded
grounds for suspicion, I am suspi-
! cious about it now.
so we have this situation. Here
| is a matter of great public concern.
I was interested, you were interested,
we were all interested. Here will be
a newspaper printing the news-or
| trying to. Here was this matter up
| for discussion, and I am not willing
| to say that the inferences we're too
| strongly drawn"
| The judge continued that the court
must determine if the defendants
when they prepare and publish fifty
copies of a newspaper in the city OF
Indianapolis and deposit them in the
United States mail in this building tC
be transmitted by mail to fifty sub
scribers in Washington-do they pub
lish those fifty copies in Washington
"To my mind,' he added, "there is
but one conclusion to be drawn
Everything that the evidence shows
that defendants do or did, they do and
did in the State of Indiana, City Of
Indianapolis. 7 am not here to say
that if these defendants had an agen
in Washington to whom they sent fol
circulation copies Of this paper, tina
they might not be amenable to prose
cution in Washington, if they coult
be arrested in Washington.
:, "To my mind that man has read tn
history of our institutions to very lit
tie purpose who does not put yer.
little valuation on the possible success
of evidence such as this. If the his
: tory of liberty means anything, if tn
constitution means anything, then tn
power to select the tribunal, if ther
be more than one to select FROM a
the capital of the nation, nor shoul
the government have the power t
!. drag citizens from distant states ther
for trial."