The Washington times., 1909-02-18
LIBEL SUIT MAY HALT
TRIP OF PRESIDENT
Many Lawyers Think Execu-
tive Must Appear as
Witness.

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in indicting the editors Of the New
York World and the Indianapolis News
VIII necessitate the postponement of
President Roosevelt's African trip.that
he may appear at the trial as a witness,
is a question with which District Ator-
ney Baker found himself confronted
today.
As one OF the parties involved. it is
the opinion OF many lawyers that IL
viii be absolutely necessary for the
Pres cent 10 appear. otherwise the com
saints on which the grand jury acted,
would not hold
This is but one or the numerous prob
lens which face The District Attorney
and the Department of Justice, now that
the case has been fairly launched. and
the battle on
The bench warrants have not yet been
served. In fact they have not yet been
placed in the hands of any agent of the
Government for service. The delay IN
attempting to serve the papers and take
the indicted men into custody is but an
example OF the extreme cauttousness
with which the prosecution is handling
the case
They mus be accompanied by certi-
fed copies of the indictment. A confer
ence between District Attorney Baker
and officials of the Department OF Jus
tce was held this morning. at which
the question Of serving the warrants
was carefully gone over.
Will Serve Warrants.
As a result OF this conference two of
the detectives attached 10 the office Of
the District Attorney will go TO New
York and indianapolis either tonight or
Anticipating a contest against extra
dition District Attorney Baker is pre-
pairing 70 meet the arguments OF at
torneys for the indicted men, and an as
slstant in his office declared this morn
Ing that no fears were entertained that
eXtradition could be secured.
whether, failing in securing extradi-
tloh, an attempt Will be made to bring
the prosecutions iii New York and In
annapolis, would not be stated today,
but u is known thzL this contingency
has been prepared for, and in the evept
or failure TO bring them TO the District
OF Columbia for trial, the case will be
brousht before the grand Juries in those
cities.
Departments Attitude.
4 statement setting forth the attitude
of the Department OF Justice in con-
nection with the libel suits has been
given out 1t is, IN part as follows:
The present statement is limited to
proceedings within the District OF Co
lumbia- The courts Of the District ex-
ercise the common law Jurisdiction pos
sessed by the courts of Maryland prior
TO Its ceSsion. Libel has always been
q crime in Maryland, and prosecutions
tor II have occurred from its earliest
history as a colony down to the past
year. In the District OF Columbia there
have been no less than twenty-five
criminal prosecutions for libel within the
past ten years. The foregoing facts
show how groundleSs have been the al
Legations recently made that this Of
Tense is obsolete, or one OF which the
courts Of the District have not turisdic-
ton.
Cause of Action.
I'm December. 1908, articles in the
New York World and INDIANAPOLIS
News alleged that the money paid by
the United States for the Panama
Canal had been received by an AMER
lean syndicate Several persons were
mentioned by name as connected with
It The United States Attorney sub
mitted the evidence 10 the grand Jury
OF the District Of Columbia, and that
body has returned indictments against
several individuals and a certain cor
poration for criminal libel IN publish |
ing the articles in question.
these articles were published bv
circulation and distribution within !
the National Capital. II the defend |
ants can establish the truth Of what
they have thus published. this will be |
complete defense of the present |
case If they cannot. the following
language OF Chief Judge McSherry. OF
the court OF appeals OF Maryland In |
the case Of Barnes VS.. State (Ss Md !
347( seems eminently appropriate to |
their conduct:
while this lawful liberty OF the
press should not be restricted or |
abridged, IL should not. on the other |
hand, be permitted to overstep fits
proper limits or be allowed to degen-
crate into wanton vituperation.'