The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-10-25
CASE or THE GOVERNMENT
AGAINST THE PRESS COM
PAkY Is ARGUED.
FAMOUS PANAMA SUIT.
Special Assistant Attorney General In.
sists That Lower Court Erred in
luashine THE ind,ctmrnt-Says New
York World Should Be Punished for
lts Lbelous Story.

lts Lbelous Story.
Washington. Dri IA Tile final at
tempt af ihs federal government -
uphold thn validity af the indictment
nf tile Press Publishing r.nrany on
the charge of libel. growing ont of the
publication pf an article tn the New
York World pn th. purchase ai the
Panama canal, WAS made today Ia
oral argument before tn. supreme
court uf the United states, The gav
ernmrnta plans War. opposed by
pleas from th. Press Publishing com
pans, designed tD sustain the action
pf the lower federal court IN qiashing
the indictment,
Sweeping principles Df law were
said 10 bc involved Libelnns state
ments II Mns alleged. had been pub
lshed concerning tile highest officials
Of the land. The article I'm question
was printed in the heat of the presi-
dental campaign ia 1905. II charged
that Charles +. Taft. Douglas Rob
inson ana William Nelson Cromwell.
with J y Morgan and others, OBJ
I
route for s3.UaO.t0 aud through their
intimacy with Theodore Roosevelt.
then president. and william II. TAFT.
then secretary Of War, had sold ihe
property 20 The United States ut a
profit ~ s3d,0D0.o0o. Much attention
was paid 10 ting ease by President
Roosevelt during his administration. Ii
even being made a subject nf discus
sion In II special message ~ congress.
James e. Mcaeynolds. special as
sistanl attorney general. sppk. 10
minutes for til. government In open
ing He was followed by Delaney
Nicoll of New York. for the Press
Publishing company.
Mr.. MeReynnlds, In his opening
statement said thu lower court had
erred In guashing tile indictment
against the Press Publishing company
on the charge of circulating n libelnis
article nj the West Point military
reservation.
MIR. NicolI.
Mr. Nieoli said Attorney Genera
BDnapafte had made the revelation
: that III 1898 congress. without Intend.
; ing II, really had fe-enactea the Sc
dilion laws ~ l79s
In closing Mr. NicDll said
As Il matter Of fact. the prosecution
was premature. born before Its time
belonging 10 new dispensation whef
the federal government had taken |,
I itself all power aud authority and tn,
] states been reduced To mere geo.
graphical divisions. when the fedora
IL. 1aliI .lE
lii accordance with prreedents and ihs
law. but according 10 the needs o
tim. as interpreted to them by SONS
great steward Of the public welfare
just before coming 10 his perofn
tion. Mr. Nicol had presented To tn,
court III dramatic fashion. an argu
mnnt 10 show that The whole histor,
Of the country condemns the con
} strnrtlon Of the act OF congress AS
serted by the government lie dwell
first upon The llnpnpi,lafiis Of the Sc
dition net of l79s designed To pnnlsl
The publication Of articles with inien
To stir lp ssdition Then lie cam
: down 10 1890 when he said. Jane
, Buchanan. later president Of th
United States, in The trial of Judg
Peek before the United States senate
d had argued that the founders OF til
constitution had been afraid 10 civ
a the federal government supervision
oyer the subject of libel.
u Finally he took mp President Roose
u yelts special message To congress Il
regard to the alleged libel He des
n gnated IL as curious reading" Fo
Il thu next few minutes his voice ran
through the little courtroom AS h
u read portion of the message holdin
II 1t 10 be high national duty /
J. bring to justice him who .wantanly an
h Wickrdly and without one shadow G
n justification seeks To blaeken ih
. character Of reputable private citizen
: and Ii convict the government ef hi
~ own country In the eyes 81 tile civ
o, ilzed world Of Mrongdong Of In
10 baaest and fanIest kind
|. Must Protect People.
In his concluding argument Mr.. No
Reynolds Told the court ihai the g6s
!, ernmen was concerned III pfoteetin
). lhe people residing in "A federal JIM
at isdiction, In rebnttat IA the argl
TX ment that the prosecution should has
Is been brought where the alleged lib
il was printed or otherwise IN stat
,e courts. lie eontenaed that the offeae
n. of libel was not limited to the mel
D. act of printing but including acts
making II public. one OF these oe
To CURED, he claimed, in federal terr
te tory. He entered into a eolloal
es with Justices Holmes White and DE-
I'd as to what the law OF New York sta
re Is as to libels.
as The entire argument Oh both sid
g. WAS limited Ia two hours The con