Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-11
SUGGESTS AN APPEAL.

The New York World while success
ful in its defense against the govern
mental prosecution to which 1t has been
subjected for an alleged libel, sug-
gests that tho case be appealed to the
Supreme Court by the government. and
strongly urges President Taft to make
the appeal.
The World argues that tho newspa-
pers of the United States have q right
to know what their status Is under the
law: that no decision of q United
States District Court involving a ques-
ton of constitutional liberty can be
f1nal however wise the Judge may be,
logical his reasoning OF however in
cvitable his conclusions: and that some
day another District Judge may dis
pose of a similar question in an exact
ly contrary decision It cites also one
OF Mr.. Taft's arguments in favor OF a
United States Court of Commerce. that
great uncertainty is caused by con-
trariety OF decision" whereas 1t is of
supreme Importance that there be uni
formity of decision" rather than con-
hicting decision and uncertainty of final
result"
The necessity for an appeal to settle
finally the point raised. Ls indicated In
the decision OF Judge Hough In quash-
ing tho Indictment against the World.
In effect he recommended that the issue
be taken to the court OF last resort for
final adjudication. "Ono of the ultimate
questions In this case" he said. 'is a
very narrow one: but the CONSEQUENCES
of answering that question in favor of
the prosecution seem to mo also of
very serious character
Judge Hough summarized the oues-
tlon at Issue in the following state
ment:
THE llbellous matter here complained
of was printed and published in the
county OF New York; therefore the
State court sitting In that county mas
jurisdiction, 1t was also published In
the county of Orange; therefore the
State court sitting in that county has
jurisdiction. But 1t was also published
In the West Point reservation, which
is both In the county of Orange and tn,
cpuelerl liStIlSl Ol NEW 1OIk. and
therefore this court has Jurisdiction To
the proposition that this be true | am
unwilling to Yield assent until instruct
| ed by higher authority"
That he would welcome an appeal Is
| further evident from the Judges dec
| laration that he had more willingly
come TO the conclusion which he m
nounced because this very interesting
| question can be lawfully presented 20
! the Supreme Court of the United
States:" and he was "sure that the
| judgment OF that court should be OBJ
tained before either the time of this
court OF the time OF the Jurors be occu-
| pied" in going into the other questions
raised by this celebrated suit.
Since. in this case the Federal Gov
ernmcnt claimed the right. under the
provisions OF the act to protect harbor
defenses. to prosecute newspapers for
criminal libel, we agree with the World
that the Government should either
make that claim good In the court OF
last resort. or II should establish be-
yond bubble or cavil tho constitutional
irre9ularity of the whole proceeding.
Such an Issue should not be left in
doubt. Newspapers and periodicals
should know what arc their response
blllties under the law. Assuming that
President Taft and Mr.. Wickersham
both agrcc with Judge Hough's de-