Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-03
THE CASE AGAINST THE WORLD

The criminal libel suit agnlnst the
New York World has been dismissed
by the Federal circuit court, and there
will be no trial, unless the Supreme
court should take another view of the
case Judge Anderson In the Federal
court in Indianapolis. ruled last Octo-
ber that the proprietor and editor of
the Indianapolis News. could not b"
removed to the District of Columbia
for trial. Now Judge Hough has
Quashcd the indictment against the
World In the Federal Circuit court In
New York. holding that while copies OF
the offending article were circulating
IN the West Point reservation and the
local Federal building. II was not the
intention of the law to lntrust to Fed
cral courts ''tho punishment of offcnses
other than those which were either be-
gun and ended or primarily" rather
than incidentally, committed on na-
tional property" The claim that the
Incidental circulation upon Govern
ment property of n newspaper. pub
lished elsewhere, renders II liable to
prosecution in the Federal courts,
when there is a remedy In the State
courts. Is called a novelty and the
burden of upholding novelty is on
him who alleges IT."
Perhaps most newspaper readers
need to be reminded of the particulars
Of this case. When it was first brought
to public notice 1t created almost
sensation. 1t was tho first of It's
kind In elghty-ive years, and was by
many regarded as an attack upon the
liberty OF the press.
The world, during the last Presiden-
tial campaign printed a story In which
II was intimatcd that certain men had
prolited financially by the purchase by
the United States from the French
company. of the old Panama canal.
For that company's property the Unit
ed States government paid some forty
millions OF dollars and the World af-
terward intimated that there was
grating connected with that purchase.
Subsequently the United States gov
ernment sued the Press Publishing
company. the corporation publishing
the World. and sought TO convict the
publishers OF crimlnally libelling Theo-
dorc Roosevelt, Charles P. Taft. broth
er of President Taft. William Nelson
Cromwell and others.
The decision rendered by the Circuit
court proves the independence OF the
courts. even when the government has
case against private citizens. II
blocks the attempt to establish Grim
inal Jurisdiction in the absence OF a
law. And for these reasons II must |
be considered as a victory for the
right. Presumably 1t does not bar |
proceedings under the state laws. II |
merely says that there is no federal |!
law under which the government may |
prosecute a newspaper for libel.
But. for NIL that. the liberty of the |
press is a privilege that Is too often |
abused In this country. Public critI- |
cism of the official acts of tho SER
wants and representatives of the peo-
pie Is generally conducive OF bene-
fcial results. But when, for campaign |
purposes. criticism assumes the form |
OF attacks upon character, or mis-
representation OF facts and motives;
when 1t becomes the slave of partisan
ship instead OF tho servant of patriot,
ism, 1t is neither legitimate nor use
full. 1t is no longer criticism but as,
sault, and the men who hold the ex-
allied offices of the sovereign people |
should be as securely protected against |
such illegitimate use of the freedom
Of the press. as against the daggcrs
and bullets OF more or less insane an
archists- The majesty of the people. |
embodied in the office of President |
should be no less sacred than the ma |
Jcsty represented by the crown and |
sceptcr of oldworld potentatcs.