Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-05
LIBEL CASE APPEALED.


The government case Of libel against
the New York World has been APP
pealed by the administration 20 the
supreme court 81 the United states.
The appeal is necessary. Judge
Hough's decision quashing the indict-
mcnts against the newspaper In the
Panama libel case. Il not final. In
appealing It 10 the Supreme court the
highest interests Of the Republic viii
Dc served
n the newspapers and periodicals OF
this country are subject to prosecution
for libel by the federal authorities
they ought 20 be- fully Informed OF that
fact Freedom OF speech and Of the
press must not be left ~ doubt as to
ITS nature and extent IN this country.
n there is a.federal libel law. II should
be vigorously and impartlally enforced.
II there IS no such law. both the news
papers and the people should know
the fact
President Taft has now made IL pos
sible for the Supreme court to pass
on the question. Il is to be hoped
that the power Of the federal govern
ment TO prosecute papers for political
discussion or for criticism, just or un-
Just. ~ the acts Of officials viii now
be defined and determined.
The view of the World, the defend
ant newspaper In the case. Ia that II
the act under which the libel suit was
brought. namely. the act TO protect
river and harbor defcnses. is really
libel law, and that the federal author
tiles have coordinate jurisdiction
with the state governments in the
prosecution OF libel. then II would be-
come the duty Of the President him
self to determine what criticism of his
Administration or OF his subordlnates
or of his party should be permitted.
and TO employ an the tremendous
power Of his office to prosecute alleged
political libels in as many distinct
and independent jurisdictions as pos
sible
II argues further that in a matter
of this kind he need not be guided too
closely by the opinion Of his legal adj
visers. II IS enough II he himself
deems an article Hbellous; for Grand
Juries take their law from the Dis
trict-Attorncy. who takes his law from
the Attorney General, who is subject
10 the direction OF the President II
iuries refused TO convict. the President
in most instances could impose the
extra-legal penalties Of bankruptcy and
ruin upon the defendant by compell-
ing the newspaper 10 pit its scanty re-
sources against the mighty resources
Of the Unled states governemnt. The
World says:
1T will now be determined by the
highest court in the Nation whether
the press is 10 be a creature OF the
President subject to his passion.
prejudice and power. or whether II Is
to remain free. as il has been free for
more than a century, under the re-
strictive laws Of each state, and fully
responsible under those laws. both
civilly and crimlnally. for all its acts
For Il should be borne IN mind that
newspaper is fully liable, as a per-
son is, for everything IL says falsely
or with malice about others, the only
question is can a newspaper be prose-
cuted for libel by the Federal gov
eminent for making attacks on gov
ernmcntal policies and sctions-attacks
that may turn later out to he I'M
founded?
II viii be a great satisfaction TO
know definitely what is the status Of
the law on this question.