The citizen. (Honesdale, Pa.) 1908-1914, 1910-01-28
LIBEL SUIT ENDS.
Government Beaten In Its
Panama Prosecution.
NEWSPAPERS WILL GO FREE.
Judge Hough Throws Case of New
York World Out of Court-Suits
to Be Dropped by Attor-
ney General.
NEWSPAPERS WILL GO FREE.

New York, Jan. 21.-Judge Charles
M. Hough in the United States circuit
court quashed the indictment which
charged the New York World had IL
beled Theodore Roosevelt, President
Taft, Charles 7. Taft, Douglas Robin.
son and William Nelson Cromwell in
connection with the Panama canal
purchase.
Judge Hough in throwing the case
out of court held that the indictment
was not authorized by the statute
upon which it rests. The substance of
his ruling is that the United States
government has no jurisdiction in IL
bel actions which are covered by the
laws of the states. If the power of
the United States government could
be invoked on the plea that criminal
libel was committed upon federal ter
ritory within Il state Judge Hough
saw no reason why alleged offenders
would not be subject to double pun
ishment, once by state court and
once by a federal court.
Judge Hough's decision is the second
setback the government has met since
the attempt was begun by President
Roosevelt to punish the World and
the Indianapolis News for publishing
| articles rejecting, it was alleged, upon
| the motives of himself, Mr.. Taft,
Charles =. Taft, Douglas Robinson and
William Nelson Cromwell. Judge Al
bert n. Anderson in the federal court
! in indianapolis decided Oh Oct. IL,
! 1909, that the government could not
! take the proprietor and editor of the
K News from Indianapolis TO the Wash
4 ington district court and try them for
4 substantially the same offense as was
! charged against the World.
! 1t then became necessary for the
! government to get its case before a
federal court in a state where the al
have been circulated. On the ground
that copies of the World containing
the offensive articles had been sold at
West Point and in the federal building
here the government got the proceed
ing into the United States district
court here. District Attorney Wise
agreed that the government could take
over the sections of the state law
dealing with criminal libel. De Ian
cey NicOll. for the Press Publishing
company (the World, argued that the
United States courts have no jurisdic-
ton in such cases since the cases are
covered fully by the laws of this state
and moved that the indictment be
quashed.
Judge Hough was unwilling to es-
tablish a precedent for the extension
of the jurisdiction of the federal courts
in a manner which. ne said. was op,
posed to the spirit aud tenor of legis'
lation for many years. The question
of jurisdiction which was raised. he
said. was a very interesting one and
should be submitted to the supreme
court of the United States.
"It has seemed to me as the argu
ment progressed" said Judge Hough
that If the statute on which the in
dictment is based is to be interpreted
strictly and absolutely construed II
would extend the jurisdiction of the
federal courts in a manner which.
may state | would regard as alarm
ing"
) Dispatches from Washington say
2 that as a result of Judge Houghs de
r cision the department of justice vii
. take no further steps to prosecute th'
World and the indianapolis News. 1
has always been regarded as "Roose
welt case" and it is declared tina
5 President Taft and Attorney Genera
3 Wickersham will shed no tears owe
S its collapse.