Daily press. [volume] (Newport News, Va.) 1896-current, 1910-10-25
PECULIAR INTEREST IS
ATTACHED TO The BAT TIE
Final Attempt to Uphold the Validity
OF the Indictment Caused to be
Brought About by Ex-Presiden.
Roosevelt is Made and a Strong
Fight Is Waged.

WASHINGTON, ID. C.. Oct. 24.-The
final attempt Of the federal govern
ment to uphold the validity OF the
Indictment In the New York federal
courts of the Press Publishing Com
pany. on a charge of libel, growing
out of the publication of an article
in the New York World. ON the pur-
ohse OF the Panama canal, was made
this afternoon in oral argument be-
fore the Supreme Court of the Unit
ed States. The governments efforts
wery opposed by arguments for the
Press Publishing Company, designed
to sustain the action of the lower fed
eral court In failing 10 sustain the
indictment.
The proceedings were attended with
unusual interest and peculiar impress
sivencss. Sweeping principles OF law
were said to be involved. Libelous
statements, 1t was alleged, had been
published concerning the highest OH
Gals of the land
The Charges Preferred.
The article in question was printed
in the heat of the presidential cam
paien of 1908. u charged that
Charles p. Taft, Douglas Robinson and
William Nelson Cromwell, with j..
Pierpont Morgan and Others, obtainef
control of the Panama canal route for
81 600 900 and. through their intimacy
with Theodore Roosevelt, then Presi-
dent of the United States, and William
II. TAFT, then secretary of war, had
sold the property TO the United States
at a profit of s36.060.O00.
James G. McReynolds, special as
sistant 10 the attorney general, in his
onenine statement said that the lower
court had erred in quas hin6 the III
sictme Mt against the Press PuDishihs
Comrany. or the charge OF circulat
ing a libelous article at the Yves,
Point Military reservation He argnen
that libel was a misdemeanor under
tho New York code and that - ngress-
in line with its duty OF protecting tie
neoni, of West Point, had mo lie The
code applicable 20 this federal j"r.s-
d;,tion This il had done under the
law enacted in 1898
LEGAL Curiosity"
Dc I.anCey Nicoll, OF New forh'
counsel for the Press Publishing
Cnmpany. spoke of the case as d ie-
gal curiosity" He said, as hc turncu
10 Attorney General Wickersham-
that IT was not his (Wickersham "
Iustrious intellect which had ma ie
the discovery of the power OF con
grcss 90 punish libel committed VIVID
,n n state. hut that Of his predecessor
Attorney General BOnaparte- IL was
tho latter. said the attorney. VINO haa
made the revelation that IN 1913. con-
gress. without intending It. real ma"
ro.enacted the sedition laws OF 'i'sS-
In closing. Mr.. Nicoll said:
As a matter Of fact, the prpsccu
tim was premature, born before 's
zinc belonging to a new dispcnsa''cn
when the federal government hsh IA"
On 10 itself all power and auiFo'"y
and tho states being reduced To inoro
gco-raphicaI districts. when the rec
Grail tribunals shall no longer fec'do
cases in accordance with rrece.len's
ard the law. hut according % inc
ncoas of the time as. interpreted u
them by some great steward OF INC
public welfare.
The court then took the case "n'ci
advisernent. An opinion ~ IN, 'aS,
nav rot be rendered for s-Nes Al
weeks.