Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-18
CALLS FOR THE FACTS
Rayner Wants to Know About
Canal Libel Case.
UNDER WHAT LAW, HE ASKS
No Crime, He Says, to Libel the Gov
ernment.
CRITICISES SUBPOENA USED
Resolution Directed to the Attorney
General Goes Over in the Sem
ate Until Tomorrow.
UNDER WHAT LAW, HE ASKS
CRIT1CISEs SUBPOENA USED

A resolution was introduced in the Sen
ate today by Senator Rayner Of Maryland
calling on the Attorney General for in
formation concerning the bringing Of
suit for libel against certain newspa-
pers. Mr.. Rayner asked for immediate
consideration. saying the only purpose
was to get information whether this suit
had been ordered. whether it was brought
at the instance of the President, under
what statute 1t has been ordered and by
what power and authority the courts are
| being used to forward this suit.
The resolution went over until tomor-
row under Senate rules on objection to
immediate adoption by Senator Lodge.
The suit against the Press Publishing
Company Of New York, on account of
charges that certain we'll known per-
sons, including Douglas Robinson. the
brother-in-law Of the President, and c. P.
Taft. were interested in the purchase of
the Panama canal property, inspired the
Rayner resolution.
The Resolution.
Mr.. Rayner's resolution follows:
Whereas it is currently reported that
the Attorney General Of the United States
Has dl tuO uStdHCS dtiu uhdCl tiIC AifCN-
ton Of the President ordered the district
attorneys in several of the federal dis
tricts to institute an investigation in con-
nection with various publications lately
appearing in the press in relation to the
purchase of the Panama canal; and
Whereas, in the progress of said inveS-
tigation a number of witnesses connected
with the papers in which said publica-
tions were made have been summoned to
appear and testify before the grand ju-
ries of said several districts; and
Whereas the federal districts outside
Of the territory and the District of CO.
lumbia are invested with common law
Jurisdiction and have only such jurisdic-
ton as arises under the Constitution OF
the United States and under the laws
preme Court Of the District OF Columbia
has only such Jurisdiction as is now con-
tanned in the eodifcation Of the laws
made under authority Of Congress- and
such further jurisdiction, under the acts
of Congress, as is particularly conferred
upon 1t by said code; and
whereas It is provided in the first
amendment to the Constitution of the
United States. among other things. that
Congress shall make no law abridglng the
freedom of the press;
BE it resolved. That the Attorney Cen
eral of the United States be, and he Is
hereby. directed to inform the Senate
whether the investigation aforesaid has
been ordered by the President, and. if it
has been ordered. under what statute of
the United States, il any, the said pro-
ceedng has been instituted, and by what
right and authority the process of said
court is being employed in the premises.
Addressing the Senate. Mr.. Rayner said
there was no law which warrants suit
for libel of the government.
What Statute Invoked.
IF any suit is being prosecuted" said
knnU nn1or
what statute it is being brought. because
we ought to have an opportunity to re-
peal that statute on the ground that it is
violation of the Constitution, because
it abridges the freedom Of the press.
"If the Attorney General is not proceed
ing under some statute then he is violat
ing the laws of the country Mr.. Rayner
said.
Mr. Lodge suggested that il was impor
tant to know whether this was libel of
the government or was being brought by
the Attorney General on behalf OF lndi-
viduals.
Mr. Rayner retorted that he purposed to
show that the circuit courts have no
Jurisdiction in either case.
Senator Knox. interrupting. said that
assuming that the position of the senate
from Maryland was sound. he still
thought there were matters for the de-
fense to consider.
In response to a remark by Mr. Knox
that he did not think il right to take
up the cases of individuals and try them
in the Senate before trying them in
court Mr.. Rayner insisted that he was
not interfering with the work of the
courts, but calling for information i'm a
very important case. If the Attorney
General, he said, was summoning these
witnesses in circuit courts out side Of the
District of Columbia he was abusing the
functions Of the courts for some ulte-
rior purpose"
To Revive Sedition Laws.
This. declared Mr.. Rayner. lis an at
tempted revival of the sedition laws that
have happily gone out of existence long
ago. There were half a dozen persons
convicted under the old sedition laws
when a member of Congress was fined
and imprisoned. But that law Is out of
existence and there Is no sedtion law
upon the statute books of the United
States
Calling for better order in the Senate.
Mr.. Rayner declared that he was ad-
dressing himself to a very serious prop
osttion. which. in his opinion. required
immediate action.
Reading from an interview given by
Attorney General Bonaparte. Mr.. Rayner
Quo;ed him as saying that he was going
to take the oyster as his motto" and
keep quiet.
That is very good motto for the
Quoting again from the Attorney Cen
eral to the effect that the oyster does a
lot Of thinking and no talking Mr.. Ray
ner added that the oyster does as much
thinking as some other people, He in
sisted that he was not charging the At
torney General with doing anything he
ought not to do. He wanted to know
what the Attorney General proposed to
do and under what statute he Is acting.
To Libel Government No. Crime.
There is no common law" he said.
that makes the libel OF the government a
crime. 1t is not a common law of Eng
land. 1t is the statutory law OF England
that makes it a crime. There has been
one statute after another passed in Great
Britain In relation to this subject" he
said.
The District Of Columbia. said Mr..
Rayner, adopts the statute Of Maryland.
and there is no such statute In force In
the state Of Maryland. No one can be
prosecuted for libeling the government of
the United States or the President OF the
United States, as such, in any tribunal
! In Maryland.
III the President. as an Individual, con-
ceives that he has been criminally libel
La e,atA n. -