Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-27
FAMOUS LIBEL
CASE THROWN
0UTOFCOURT
INDICTMENT AGAINST
PDLIZER IS QUASHED
Federal Judge Hough Finds No
Merit in Roosevelt Contention
That Crime Against Nation
Was Committed.


That Crime Against Nation
Was Committed.
my Morning journal Special Teased wirel
New York Jan 26,-The indict-
ment against the Press Publishing
company. publishers ef The nev York
Worla. changing 1,seph Pulitzer aad
othors with criminal libel against
Thcodure Roosevelt. President TAFT
and others was quashed today in the
United states district court.
Judge Hough ruled that the statute
on which the Indictment rested was
not sufficient In authority or in other
words. that The court had no jurisdc-
ton
Delaney Nicoll. counsel for the de-
PENDANTS, interpreted the decision as
signal victory for the freedom Of the
press.
THE curlously Ingenious mind" he
said, that brought to life for the first
time in eighty-fiye years the law un-
der which this prosecution was begun
has retired to private life, but has LETT
this legacy behind him.
This Is not a prosecution brought
hy aggrieved or injured private in
diyiduals: it was begun by the presi-
dent OF the United states in an at
tempt 10 show that a libel had been
committed upon the American people.
THE statute under which this suit
.l,t a fat.
offenses not covered by the laws of
the section in which they were COM
mitted In constituting the statute f.
Is not for us to consider what a fair
minded attorney general might do un-
der IT. il is for US to consider what
can be done with IT, We had better
have Ihe sedition law. or even the star
chamber again than such "A monstrous
practice rs the government advocated
in tilis proceeding
President Roosevelt in his message
on Dceemoer 15 1908, To congress
Tins characterized the publications Of
which he complained
1T Is idle TO say that the known
character Of Mr. Pulitzer and his
newspaper are such that the state-
ments in that paper win be believed
by nobody; unfortunately, thousands
OF persons are Ill Informed in this re-
spect and believe the statements they
see in print. even though they appear
in newspaper published by Mr.. Pu-
liter.
These statements are false in every
particular from beginning TO end. The
wickedness Of the ISLANDERS IS only sur
passed by their faulty So utterly
baseless are the stories that apparent
ly they represent IN part merely ma
tcrial collected for campaign purposes
and in part stories originally concoet-
ed with a view to possible blackmail.
1T should not be left 70 private
citizen TO sue Mr.. Pulitzer for libel
He should be prosecuted for libel by
tho government authorities. There is
nothing to choose between public
servant who betrays his trust, a pub
lie servant who is guilty OF biackmail,
or theft, or financial dishonesty Of any
Kind and man guilty, as Mr Joseph
Pulitzer has been guilty in this i'm
stance II is therefore high ma
tonal duty to bring 10 justice this
villifier of the American people"
dA'ASN AAAA, II III ttttANA ia A4Af1 1ftl~
sion said in part:
1T Is charged here that the crime
of sending libelous matter through the
mails is punishable at the place or
destination of the libelous matter. If
it is SO held that the offense of libel
on federal territory is "a crime cog
nizable in the federal courts. the ques-
ton is a broad one. In this case we
have an alleged libel that was pub
lishcl ia New York city and sent out
into Orange county But. we find in
the distribution made in Orange
county II happened TO be disseminated
at West Point territory ceded to
the government, and therefore the
action comes Up IN this court
1t cannot be denied that by the /
same act crime may be committed |
cognizable by the state and the nation, /
but this affords no reason TO cOnfine I
me punishment Of the offender 10 one /
The law which has been 1
invoked here is. / take IT, simply a !
territorial convenience and that in
this case, if any crime has been COM {
it is t. BE regarded either as /
an offense against the state Of New I
York which happened 10 De com /
mitted on government land than an I
offense against the government under 1
the statute.
'rhe burden Of proof rests upon the !
prosecution TO show that il was the /
intent OF congress 60 entrust TO the (
courts OF the United States the pun 7
ishment Of offenses other than those /
committed ON United States I
territory
Among lawyers the opinion was T
general that todays collapse Of the
government case marks an end 10
further prosecution.
Cod Medal for Diaz