Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1909-10-15
AN ACT OF JUSTICE

In diminishing the case against DaIa-
van Smith cc1 Charles r. Williams
OF the indianapolis, Indiana News
Judge A. B. Anderson, of the federal
court aid an act of justice. The ar
rest OF these men at the instance of
1 resident Roosevelt who charged
mem with criminal libel because their
paper animated that there was graft
III the purchase of the Panama Canal
was piece of spite work, wholly I'M
worthy OF the president of the United
states. But when the president went
SO Tar as to order the men taken from
indianapolis to Washington, d. G
Tor trlal he lowered him self in the
estimation of all fair minded peo-
pie. Such high handed PROCEEDINGS
nave never been known in the limit
ca states and are unworthy the Gar
| OF Russia. Judge Anderson's de-
clslon is SO full of good, sound com
mon sense and justice that it is well
worth republishing and is here given:
Ihat man has read the history
| OF our institutions to little purpose. !"
Sdld Judge Anderson, who does not
view with appreciation the success of
Such a proceeding as this to the end
that citizens should be dragged from
their homes to the District of Column
bla, the seat of government, for trial
under the circumstances of this trial
The defendants are discharged.
believe the fact that certain per-
sons were called thieves and swim
ilerS does not constitute libel per Sc
newspaper has a certain duty to
perform. AS former president has
said 1T is the duty of newspaper to
print the news and to tell the truth
about it. 1t is the duty of a news
paper to draw differences for the peo-
pie.
Peculiar Circumstances
Now, there are many peculiar cir
cumstances about the whole Panama
canal business. The revolution in
Panama, the circumstances concern
ing 1t, were unusual The people
were interested in the construction
of the canal. 1t was a matter of
great public concern. A portion of
the people preferred the Nicaraguan
route; another portion, those who
were interested in it officially and
personally just nterested-prefer-
red the Panama route. A commission
was appointed to investigate and re-
port the relative merits of the two
routes. They investigated and re-
ported in favor of the Nicaragua
route. Shortly afterward they chang
ed to Panama
up to the time of that change,
as | gather from the evidence, the
lowest offer that had been suggested
as the one at which the Panama prop
.erty-the property of the Panama
Canal company-could be procured
was something over $100,00O,00O.
Then, rather suddenly, it became
known that it could be procured for
$40. 100000.
Now, there were a number of
people who thought there was some
thing wrong. A committee of the
United States senate was appointed
to investigate these matters. The
committee met the men who knew all
about it,
William Nelson Crom well, upon
having certain questions put to him,
stood upon his privilege as an attor-
ney and refused to answer. To my
mind that was just grounds for sus-
| picion. | am suspicious about it now
differences Not Too Strong
Here was a newspaper printing
| the news, or trying to. Here was
hits matter up for discussion, and I
am not willing to say that the infer
ences were too strongly drawn.
This incident charges the defend
ants with commission of crime in
the District of Columbia. Now, the
constitution of the United States,
| in one of the amendments, provides
that the accused shall be tried in the
state or district where the offense is
committed.
The Indianapolis News is owned
! by these defendants, conducted and
published by them, printed by them
| in Indianapolis. AT the time cover
ed by the indictment it had a daily
circulation of about 10000 copies.
All but 1000 were circulated and dis
posed of in the state of Indiana, som e
four or five hundred more in one or
two of the adjoining states and to
| the District of Columbia there were
sent by mail about so copies to sub
scribers, persons who ordered them
sent. The defendants have no agent
or bureau or Office and maintain
no agent or bureau or Office in Wash