The Montgomery advertiser., 1909-02-04
ROOSEVELT MAY ERR
LIBEL SUIT PROSTITUTION TO ROUSE
 PUBLIC.
Perif seen.-Walter Welinnau Save Atfeppt to Bring Men to Capital win
 Fail if Precedent 9fnnds.

A Washington Special to The Chicago Record Herald says:
 Is President Roosevelt about to make the greatest mistake of his public career? Is he in danger of being forced to retire to private life amid q, storm of indignation, sweeping from one end of the county to the other. caused by efforts of his to over ride the rights of private citixens7
 Some of Mir. Rocsevelt's best friends be- heve this danger exists and they have not hesitated to tell him SO. It is in his ef- forts to prosecute Editor Joseph Pulitzer of The New York World and Editor Dela- van Smith of The Indianapolis News for libel in pubDcation of certain tales about the Panama Canal purchase thst the men ace lies.
 This somewhat extraordinary proceeding Is as yet more or less involved in mystery. Grand Juries have been sitting in New York and Washington. but no indictments. sot far as is known, have been returned. The plans of the government are In doubt There are rumors that the prosecution may be dropped entirely, st the order of President Roosevelt. There are also runsors that the accused are to be indicted and be brought from their places of residence to Washing. ton for trial in the federal courts.
 
 It is just here arises an issue transcsnd- ing in importance the earlier aspects of the affair. though neither President Roosevelt nor any of his advisers appears to have realized 1t tiiI within the last few days. This issue is whether or not an American citizen. charged with the crime of libel or islander, can be dragged from his home and put upon trial in . jsrisqiction far away. If President Roosevelt succeeds in hts ap- parent purpose to bring Editors Pulitzer and Smith from New York and Indianapolis te washington, for trial, and eonviets them, he will. in the opinion Of many of his friends not only establish . dangerous and evil precedent. but arouse . storm of pro. test and indignation rarely equaled In our of one of our greatest and most popuiar Presidents would 1t be In the opinion Of not few Of Mr. Rooseveit's friends to drop the whole affair and permit the offending editors to go scot free, rather than attempt to inflict such an outrage upon the liber- ties of the American press and the Amer ican citlxeu.
 If EAItors Pulitzer and smith have eora- mitted the crime of libel in this case they have committed 1t against Douglas Robin son. the Presidents brother-in-laNws and Charles P. Taft. half brother of the Prssi- dent-eiect. Mir. Puiitxer's crime. if he has committed one, was done In the City of New York. and Mr. Smiths in the City of Indianapolis Mr. Robinson lives in New York and MT. Taft in Cincinnati. The nat uraI and normal procedure in punishment would be for Mir. Robinson to cause the ar- rest and indictment of Mir. PulisSer In the courts of New York, and for Mfr. Taft to do likewise with Mr. Smith in the courts of Indianapolis Action against the defends ants would be taken in the name of the ntate. They would be accused of the crime of violation of the peace and order of the community, and of acts tending to produce 'riot'' in the language of the law. The theory of the law is that he who islanders or libels another is guilty of e crime against the state because Of the provocAtion to re- prisal on tn epart of the injured person or persons, leading sometimes to assault or murder. For this reason the crime of libel Is like the crime of burglary or arson. an offense against the state rather than against the individual or individuals who happen to be injured. These latter appear as witnesses for the state, as 1t is now pro- posed Mir. Robinson shall appear as . wit ness for the federal government in case an indictment shall be returned by the federal grand jury.
 Why was not the usual course followed fin these cases, to wit: Arrests and prosecution fin the courts of New York and Indiana? First. because President Roosevelts great and pardonable indignation led him to wish to have a hand in the prosecution, with the power of the federal government at his back Second. because great doubt existed whether conviction could be had in the state courts of New York and Indiana Therefore the prosecution has so far pro- ceeded upon the theory that if 1t can bring the accused to Washington for trial . con viction can be secured, which might fail at the homes of the defendantss where they are men of influence. where they have their friends and where at least part of public opinion might be in their favor. It is just this proposal to drag man accused of crime from his home into e foreign juris- diction for trial that the American people will never calmly submit to. If President Roosevelt does not already perceive this. it ia high time hIs frank and honest advisers sreath