The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-21
U. S. BRIEF FILED.
Argument by Government in
Panama Canal Libel Case.
The Question at Issue Is One OF
Jur. SdictiOn.

Washington, Oct 21.-The govern
ment's brief in the so-called Panama
libel suit of the United State against
the Press Publishing company of New
York was filed today in the supreme
court of the United States. 1t was
argued by Attorney General Wicker
sham, James c. NJ. Reynolds, and Stuart
Mcnamara. 1t not only contained d
statement of facts, but an argument in
support of its position that the indict-
ment against the Press Publishing
company should not have been quash-
ed
s.In effect" says the governments
brief, the published article charged
that Chas. P. Taft, Douglas Robinsoa
and William Nelson Cromwell, with j.
Pierpont Morgan and others acting
through an American syndicate, OBJ
tanned control of the securities of the
French company which owned the
Panama canal route and its properties
for the approximate sum Of $5,oUu,uOo'
Aided by the intimacy which they en-
loved with Theodore Roosevelt, then
president of the United States, and
brother-in-law of Douglas Robinson,
and William H. Taft. then secretary OF
war and mrother of Charles P. Taft, and
bv the cooperation of these OFFICIALS
with them, they were enabled to effect
the sale of the Panama canal to the
United States for $40.000O00 and reap
profit of some S36, 100000 which was d.
vided as charged, among government
favorites in the world or pontlcS anu
finance"
Question of Jurisdiction.
The substantial question which the
government claims is before the court
was set out in the brief. as being
whether, or not the United States
courts has jurisdiction to punish
corporation which printed in the city
of New York a newspaper containing
a criminal libel under the laws of the
state of New York and circulated
copies of the same within the federal
territory of West Point The govern
ment claim is based on an act of con-
gress of 1898 which the government
urges operates to transfer the state
law to federal territory, for the pur-
pose of furnishing acts committed there,
which if performed outside and in tn :
jurisdiction of the state would be
amenabe to its laws
In the governments brief, 1t is ar
gued that it is not only the right but
the duty of congress so to legislate
concerning territory under its eXclu-
sive jurisdiction as to preserve peace
and good order therein. Because one
may be punished for issuing a libel in
New York is no reason says the gov
ernment, 'for allowing him to go free
of all punishment for circulating it at
West Point The people in the latter
place are entitled to protection
| The inconvenience to accused, of be-
| ing subjected to prosecution in sundry
places, where their alleged hbels are
circulated was met with the argument
| that 1.-THE Inconvenience which may be
| suffered by criminals has not generally
| been regarded as adequate reason for
permitting them to operate without re-
| straint."
| The suggestion that the offense
| charged could be punished in New York
! state courts and therefore was not in
| tended to be included in the act of 1896
| brought forth the argument from the
government that the state of New
York cannot punish an offense commit
| ted at West Point against the United
States"