The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-27
Judge Hough Quashes
Indictment A gainst
New York World.
DECISION CLOSES
NOTED LIBEL CASE
Action Instituted by Roosevelt
and Taft and Other Pron1in-
cnt Citizens Involved.
Matter of international
Intercst-Court Lacks
Jurisdiction.

ment against the Press Publishing
Company. publishers of the New York
World, charging Joseph Pulitzer and
others with criminal libel against
Theodore Roosevelt. president Taft
and others. was quashed to-day I'm the
United states District Court. Judge
Hough ruled that the statute upon
which the indictment rested was not
sufficient in authority. or in other
words, that the court had no jurisdic-
tion.
The decision of Judge Housh Is Of
International interest, the now famous
libel case having at it's inception In
volved former President Roosevelt and
his brother -in-law, Douglas Robinson,
and President Taft and his brother,
Charles p. Taft. The publishing by the
New York World and the Indianapolis
News, Just before the close OF the last
campaign. of an article In which IT
was asserted that relatives Of former
President Roosevelt and President TAFT
were members of syndicate to pur-
chase the stock OF the French Panama
Company from the French stockhold-
ers. when 1t was certain the United
states would buy the stock. created a
sensation. The American syndicate
was said to have made millions.
President Roosevelt sent special
message to Congress on the subject AMI
made public correspondence In which
ne characterized the publication of the
Panama story as false and asserted
| that Delaven Smith. one of the own
ers Of the Indianapolis News, was
| Conspicuous offender against the laws
of honesty and truthfuinesa"
| Joseph Pulitzer. owner of the New
York World, came in for severe scor-
ling by President Roosevelt
| The Federal proceedings in Indian
| apolis against Delaven Smith and
| Charles r Williams. proprietors Of the.
I Indianapolis News, were thrown out
| OF court, Judge Anderson declaring the
publishers should nc. be dragged from
| their homes. to Washington to be tried
| Decision Probably Ends Matter.
/ The decision of Judge Hough to-day
IS generally regarded as closing chap
| ter in the Panama libel case. Judge
| Hough. in his decision. held that libel
was punishable by state laws. and was
| not one of the crimes referred to In
| the Federal statutes passed from 1879
to 1925, making State penal codes az
plIcable to offenses on Federal terri
tory. It was cohtended by the Eovern-
ment that because fof the circulation
| OF the alleged liheious publications on
1 :"
| tion and other Federal territory, pun
| ishment for the libel could. under the
| statutes quoted, be administered ac-
| cordine to the State code by the Fed
| cral courts.
"I am clear" said Judge Hough. that
| the construction of the act of 1888
| nroposed by the prosecution IN TINS
! case is contrary to the spirit which
i actuated the members OF Congress IN
passing this law. AS this very inter
estinE question can be decided prompt
)lv by presentation to the supreme
1 Court OF the United States. I belteye
i that before the time OF the court ano
4 Jury is occupied with going into the
natter the question of law ranging
ovar the whole matter should be
n clearned up"
4 att is ordered that the Judgment 0
4 the court be entered quashing the IN
4 dictment herein, because the lnd1ct
ment Is not sufficiently authorized D!
i the statute upon which 1t rests"
At the outset Judge Hough remark
j; "a that he was relieved of much re
!. snonsibility through the fact that M
4 decision could be speedily appealed.
Victory for Press.
Delancey Nicol1. counsel 1or the de
PENDANTS, Interpreted the decision as
). signal victory for the freedom OF IN
, press.
"The curious and ingenious mind.
he said. "that brought to life for tn
first time in eighty-hve years, the LAY
under which this prosecution was be
gun has retired to private life, but ha
Eleft this legacy behind it. This is no
prosecution brought by agErieved Q
injured private individuals: it was be
!, gun by the President of the Unite
States. in an attempt to show that
4 libel had been committed upon tn
\ American people. We had better hav
the sedition lavf, or even the sta
chamber again, than such monstrou
I practice as the government advocate
. In this proceeding
Among lawyers the opinion was sen
eral that to-day's collapse of the gov
ernmefit's case marks the end OF fur
ther prosecution.
"If any further action Is to be taken.
said Henry A. Wise. United states DIS
trict Attorney, ut rests with the a,
torney- General of the United States'
New Issue involved.
washington, p. O.. January 10
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