The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-10-13
CASE IS DISMISSED
BY JUDGE
JUDGE OF THE UNITED STATES
COURT THROWS OUT CASE
AGAINST EDITORS.

Indianapolis. Oct. l2.-Judge a. II
Andersen of the United States court
today dismissed the proceeding
against Delavan smith and Charles X
Williams. proprietoTs OF the Indian.
apolis News. who We're resisting re.
moval to the District of Columbia FOL
trial under a grand jury indictment
charging them with criminal libel in
publishing articles alleging there was
corrupt profit of s2s.00O.0n0 in tn,
sale Of the Panama canal to the Uni.
ted States.
\ That man has read the history al
our institutions to little purpose.
said Judge Anderson. who does not
view with apprehension the success %;
such a proceeding as this to the end
that citizens could be dragged from
their homes to the District Of Colun
bia. the seat of government. for tria
under the circumstances Of this case
The defendants are discharged.
Il believe the fact that certain per-
sons were Vailed thieves and
'swindiers' does not constitute libe
per sc. A newspaper has a certain
duty to perform. As a former presi-
dent had said ii is the duty of a
newspaper to print the news and "a
tell the truth about IT, IL II the duty
Of newspaper to draw differences for
tn. people.
Now. there were many peculiar
circumstances about the whole Pan
anna canal business. The revolution In
Panama the circumstances concerning
II were unusual The people We're in
terested In the construction of the
canal II was a matter of great pub
lie concern. large portion of the
people favored the Nicaraguan route.
another portion. those who were in
terestcd in 1t. officially and personally
just interested preferred the Pana-
ma route. A committee was appointed
To investigat. and report the relative
merits of the two routes. They in
vestigated and reported In favor of the
Nicaraguan. shortly afterward they
changed 10 Panama.
Up to the time of that change,
as | gather from the evidence. the
lowest offer which had been suggested
MS the one at which the Panama prop
erty-the property of tho Panama
Canal company-could DO procured.
was something over 500. 900. 900. Then
rather suddenly IL became known
that II could he procured for $4,000 600.
Now, there were "A number of people
who thought there was something
wrong, committee of the United
states senate was appointed to in
vcstigate. The committee met as
stated In the articles. these men who
knew all about 1t. William Nelson
Cromwell. upon having questions put
To him stood upon his privilege as an
attorney and refused to answer. To
my mind that was just ground for
suspicion. | am suspicious about II
now"
Here was "A newspaper printing the
news. or trying TO. Here was this
matter up for discussion and I am
not willing to say that the differences
were too strongly drawn. This indiCt-
ment charges these defendants with
commission OF n crime in the District
of Columbia. Now, the constitution
IF the United States in one Of the
amendments provides that the accused
shall be tried in the state or distr ..
where the offcnse is committed. The
Indianapolis News Is owned by the
defendants. conducted and published
by them. printed by them In Indian
apolis. At the time covered by this
indictment II had n daily circulation
of about 10000 copies. All but about
1000 Were circulated and disposed of
In the state nf Indiana: some 400 or
900 more in one or two of the aaioin-
ing states and tn the District of
Columbia there were sent by mail
about 30 copies to subscribers. per-
sons who ordered them sent. The de
PENDANTS have no agent or bureau or
office and maintain no agent or bu-
reau or office In Washington.
so the question, do the defendants
when they prepare and publish 30
copies in the city of indianapolis and
deposit them in the United States
mail IL be transmitted By mail IL %
subscribers in washincton-dn they
publish those 30 copies in washington?
If thas dn. if they did. the court has
jurisdiction af the offense. Tut If they
lid not. then the court has neither
jurisdiction of the offense or over the
defendants.
One or Two Views.
Everything that the evidence shows
that the defendants do or did. They do
and did in the state of Indiana. city
of indianapolis. I have thought aboIt
this thing Il good deal and II seems Ia
me | am compelled to take one of two
views. and there is nothing between
them. Either when a newspaper own
er ar proprietor does what the evil
a In, Ia