The Washington herald., 1909-01-19

Ine numDiesL c!uLeA OF me land SAID
the MaryIsnder IN beginning his remarks
This proceeding is an attempted revival
Of the old sedition laws. and has been
instituted for the purpose OF accomplish
ing some ulterior motive not yet dis
closed
Violates Constitution.
such action as is apparently intended
in bringing this suit is A violation OF
the Constitution. which says that Con-
gress shall make no laws abridging the
freedom OF the press. II the facts in
this case are sustained by the reports al
ready made. the suit is an Infamous pre-
cedent"
TIE speaker was interrupted several
times by Senators on the other side Of
the chamber, who desired 10 know why
information was sought from Attorney
General Bonaparte. Senator Fulton was
especially anxious 20 learn what effect
the reply OF the Attorney General would
have on the bearing Of the litigation al
ready begun.
Senator Rayner vigorously replied by
saying he wanted 10 know by what right
suit was Instituted. and added that he
was convinced that libel could not be
committed against the government 1t
is my purpose TO show that such suit
cannot be brought in any circuit or
district court IN the country. and that
Il such action has been brought as
have reason 10 believe has already been
instituted. il IS a direct violation OF law -
Senator Knox volunteered a suggestion
at this point. indicating that he agreed
Q Z
not be brought BY the government.
Referring To the blank subpoena served
upon SIX Washington correspondents Sat
urdsy, Senator Rsyner said: These no
ices are search warrants. whereby the
individuals wko have begun the suit hope
70 obtain evidence. II the President con-
ceives that he has been libeled he may
90 before a district attorney and demand
an Investigation. II such has been the
case in this proceeding I shall be salts
fed. but I fail 20 see why the Depart
ment OF Justice should have been called
in. II the President is prosecuting any
one for libeling himself OF the govern
ment he IS violating the laws OF the
nation
The Senator then described how such
action for criminal libel could be insti-
tuted in the District OF Columbia. but
added that Il IS not the common law.
/ but statutory laws, that make lIbeI a
crime. and IN that 5event the so-calle6
defendants could not be prosecuted. He
then showed that the laws governing the
District were the same as those existing
I in Maryland. and hence did not warrant
( present case.
--1--c-tr--r--e T1~crsba- 1TcEn.r-ca fhn
I speaker held the attention OF the con
7 stitutionsl lawyers Of the Senate and
attracted many 10 the galleries. he read
excerpts from legal treatises to prove
every argument advanced. and even
quoted statements from newspapers TO
show that the action contemplated
/ against the New York World and its
/ publishers was UnWarranted-
When Mr.. Rayner had concluded his
speech with the request that immediate
/ consideration be given the measure. Sen
/ atOr Lodge arose and asked that the
! resolution be referred TO the Committee
T on the judiciary.
} The Maryland Senator vas on his feet
I IN an instant and again exhorted his col
/ leagues to vote on the proposition right
away, saying THAI II the Judiciary Com
nnfttee received the resolution II would
/ be several days before decisive action
could be had
Quotes Resolution.
y ask no opinion Of the Attorney Gen
eral. Mr.. Rayner declared That Is a
matter OF no concern to me in the sub
/ ject I am engaged On now. simply ask
/ for the facts. IN the first place, whether
they have been ordered by the President;
in the second place, If they have been
+ ordered by the President. under what
statute Of the United States they have
been ordered; and. in the third place. by