The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1909-10-16

agent in washington TO whom they
sent for circulation copies Of this pa
per, that they might not be amenable
to prosecution IN washington. II they
could be arrested In Washington.
Il have thought about this thing q
good deal, and It seems to me that I
am compelled to take one Of two
views, and there Is nothing between
them. Either when q newspaper own
er or proprietor does what the evi-
dence in this case shows those de.
PENDANTS did, composed. printed, and
deposited in the mails for circulation
these papers containing them for the
purposes Of this statement, libelous AZ
ticles, either they are guilty here and
in every county, district, or turisdic-
ton into which these papers 90, or
they are only guilty here. There is
no middle ground to take.
AnaIyzes Scope Of offsnse.
When these defendants put these
papers containing those Il Win here
after call them) Hbelous articles into
the post once here in Indianapolis
and they went through the mails
throughout the country into the vari-
Gus states, counties and districts Of
the United saes, either it became q
crime, a separate and independent
crime in every one Of the counties,
districts OF states into which the pa
pers went, or there was but one crime
and that was here.
The counsel for the government
supposed a case where a paper Is de-
posted in Indianapolis, and circulated
throughout the ninety-two counties Of
Indiana. asked whether they could
be prosecuted in every county, and the
counsel thought they could and in the
absence of this statute they could
''Then suppose there was an indict-
ment in Posey county. Would they
have the trial and prosecution in Mar
ion county? The counsel for the
government thought they would. / do
not think so at all. am so certain
of it that / feel like saying know it.
The theory is that is becomes a
crime in the Jurisdiction where it is
circulated. Still It must be a separ-
ate crime. II there is something in
the circulation in the other district
or jurisdiction, it makes it a crime
there, and it must be q separate crime.
There is no escape from that.
Considers but one Publication.
Il think that between these two
views the other view is the more reas-
enable one and Is the correct one. /
am not saying now that there might
not be circumstances where the pub
fishing Of a newspaper circulating
throughout the country might not be
publishing in none than one place;
1 am speaking of the facts as shown
in the evidence here. Where people
print a newspaper here and deposit
it IN the postofice here for circuls-
ton throughout the counties and dis
tricts there is but one publication, and
that one is here. II that's true, then
there is no publication, according TO
the evidence in Washington.
ITO my mind that man has read the
history Of our institutions to little pur-
pose who does not put little valuation
on the possible success Of evidence
such as this. II the history Of liberty
means anything, If the constitution
means anything. then the prosecuting
authority should not have the power
to select the tribunal IL there be more
than one to select frof, at the capital
Of the nation, nor should he govern
ment have the power to drag citizens
from distant states there for trial.
The defendants viii be discharged. "
It was charged in these editorials
that william Nelson Cromwell, Doug
las Robinson, Charles P. Taft and
other eliminate friends Of President
had knowledge Of this
"swindIe," as the editorials called IT,
By which a -gsng Of spectators" had
robbed their country"
THE PEkIN THEATER CONTINUES