The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-02-13
LIBEL CASE YOID,'
SAYS MR. WILLETT
Quotes Old Laws UNFOLDING
Freedom of Speech.
ASSERTS ACT UNPRECEDENTED
Declares If Newspapers Are Prose-
cuted fo- Their Panama Utterances
the Government VIII Have Return
ed 20 Practices Rejected in Eng
land During Reign of Charles II.

Declaring the action Of the Federal
government in bringing libel charges
against certain newspapers and newspa-
per men unprecedented in modern times.
Representative WiIlett. Of New York.
yesterday made a speech in the House,
IN which he said that such action had
been rejected IN the United States since
the Revolution of 177s, and that before
that time IL had been rejected in England
IS early as $780, and regarded as unsafe.
unreasonable. and unconstitutional.
ar Willett added that for two weeks
this proceeding has been going on in
Washington. right under the shadow OF
the Capitol. and seems TO have been in
stigated by the President.
The facts are these said Mr.. WiIlett.
Since and during the last Presidential
campaign the New York World and the
Indianapolis News printed certain articles
rejecting upon the government Of this
country in connection with the purchase
Of the property and franchises Of the
French Panama Canal Company.
Message OF the President.
IN a special message 10 both Houses
Of Congress on December Is regarding
the charges Of corruption by or on behalf
Of the government in the matter Of the
canal purchase. the President announced
that the Attorney General then had under
consideration the form in which proceed
ings for libel against 3fr. Pulitzer. Ahe
editor Of the New York World. should be
brought
It Is wei known that the old English
doctrines relating 70 scandalum mag
natum. or the Hbeling Of the govern
ment or Of great public officers. has been
rejected in al States Of the Union since
The Revolution OF I716, and that il had be-
fore that time been rejected in England
by the act abOlishing the Court Of Star
Chamber. En- the reign Of Charles II.
about 1870 and has ever since been re-
garded as an unsafe. unreasonable. IN
iustifable. and unconstitutional fiction.
IN the District OF Columbia, the United
States is. according to these attorneys,
20 be treated as a person, and can be
liable as such. This singular contention.
flying in The face OF our Constitution
and our conditions. IS founded or COM
binatioa Of certain provisions in the act
by which the state OF Maryland ceded
20 the United States the territory now
embraced IN the District Of Columbia, in
1871. and section ]. Of the Code OF the
District 81 Columbia, embraced en- an
act of Congress which became effective
on January !, 1902
That section provides that
The common laval British statutes in force in
MsryiarE on the 9Th DAY q February. isji &c
SHAH remain n force exceTt IN 50 far as the sane
are inconsistent with replaced b. some provision
q this code.
Many witnesses Examined.
Many witnesses have already been ex-
amined by the grand jury, including Elihu
Root former Secretary Of State; Philan-
der c. Knox, the future Secretary OF
state; William Nelson Cromwell the law
yer who managed the transaction in
which the fraud IS charged 10 have been
committed: Charles P. Taft and Doug
las Robinson. whose names were men
toned in the newspaper articles as parties
10 the fraud. and many other persons.
The managers Of the telegraph con-
panies and the reporters OF newspapers
are among the number.
Was such p thing ever heard OF in this
country before? Only once, Mr.. Chair
man, and that tine it was condemned
by the Supreme Court Of the United
States.
The courts 81 the United States
possess powers not Immediately and ex-
pressively derived from statutes only so
far as TO enable them 70 fine for con-
tempt TO imprison for cOntumacy. and
10 enforce the observance Of order.
Let me read 10 yOa the opinion Of
the Supreme Court il the case Of Hud-
son and Goodwin. II was delivered by
Judge Johnson in ISl2. and was con-
CURED in by q majority OF the great law
yers then on the bench. including John