The sun., 1910-01-26

HR00er, u. W. ffUNc NcttttAu anu ANCNs
n q. BacOn-TheOry Of the Prosecution.
Delaney NicoIl. counsel for the World
lp the criminal libel trial in the United
States Circuit Court before Jugde Hough.
argued until the court adjourned last
evening on his motion that the indictment
against the Press Publishing Company
be ouashed or the proceeding dismissed.
The substance OF his argument was that
me court has no Jurisdiction in the case
and that the defendant being corpora
zion, u incapable Of criminal libel.
Earlier in the day jury had been Sc
iected and sworn in. District Attorney
Wise had opened the case for the Govern
rnent and documents and books relating
10 the progress OF the Panama Canal
from the time of the formation OF the old
French Panama Canal Company TO the
s;ssA Of the alleged libelling of Theodore
Roosevelt. William H. Taft. Charles p.
Taft. Douglas Robinson and William
Nelson Cromwell and OF the United States
Covernment were admitted in evidence.
n Challenges altered the jury as selected
The day before by substituting John +.
King, salesman, for Daniel O'Keefe John
W. Thomas. riding school master. for
Albert ]. Spencer; William II. Arnold.
buyer. for George B. Mitchell. and Chris
lian @. Dreamer. retired grocer, for
Daniel Frost.
United States District Attorney Wise.
opening for the Government, said that
me imputation OF the six articles printed
A the New York World in October. 1908.
was that Col. Roosevelt, then President.
and william Howard Taft. then Secretary
cf War, had privately informed Charles
IN. Taft and Douglas Robinson and their
friends In the financial world as to what
the Government intended to do about
the Panama Canal. with the idea that
these men might anticipate the Govern
fnsnt and buy up control OF the French
Panama Canal Company at a nominal
iieure and sell il to the Government for
30. 600 600. The imputation was in effect
4 charge that the men accused sto le from
the Government $50, 500 900. said Mr.. Wise
On the technical point having to do
with the distribution OF copies OF the
New York World on United States terri
tory, the West Point military reservation
and the Federal building here. by means
of which the Government got the case
before a United States court, MIR. Wise
sRid that the circulation Of the news
papers In question tended to create a feel
ing of insubordination among the young
men being educated there for service as
oficers OF the United States Army.
Mr.. Wise contended that the United
States court has jurisdiction to punish
and that the Government had a right
under the law OF the State OF New rork
to bring suit.
.Under the law OF the United States. Z"
no said. -the Government controls various
tracts OF land in the various States which
are Government territory: The State,
under these conditions, could not proceed
Against the perpetrators OF crime on
FEDERAL territory In this State, so that
the Federal law makes 1t possible for the
Government to invoke the State law in
the case OF crimes committed on United
States territory in such States"
Judge Hough ruled that the indictment
be read and discussed in detail. He in
eieted also that the Government put in
evidence all documents and printed proofs
necessary to substantiate the indictment.
The first document read was the text OF
the Incorporation OF the old French Pan
anna company. The text OF the concession
xranted by the United States to Napoleon
Bonaparte Wyse for the construct on
Of q maritime canal across the Isthmus
of Panama came next and 'ater a mass
of printed and written evidence. A map
OF the Panama Canal Zone was included
Tor the instruction OF the jury
Mr.. Niooll made his motion to quash
the indictment or dismiss the proceeding
shortly after court convened for the
afternoon session. He made his motion
on these grounds:
first-That the court has no jurisdiction.
be there is no statute OF the United states
authorizing this prosecution.
Second-That the ret OF 1898, under
which this prosecution was begun. does
not apply to the case as disclosed by the
evidence.
( Third-Thst IL the act OF 1898 Is con-
strued to apply TO this prosecution IL 10
was committed 1t is punishable under the
laws OF the State OF New York.
, Fifth-That the defendant. being q corpo-
ration, is incapable OF criminal libel. the
offence charged.
We contend said Mr.. Nicoll. "that the
history OF the drafting of the acts giving
the Federal Government authority over
ceded places and the right to take over
State law for the punishment Of crime COM
mitted on such ceded places, indicates
that they were framed only for offences
that might go unpunished otherwise.
We expect to SHOW from the language Of
Judge Story, who drafted the law OF 1925.
and from the remarks OF Daniel webster
who put the act through Congress. that
the last thing in their minds was to give
the Government jurisdiction over crimes
capable OF being punished by the States
The trainers OF the act and Congress
never for an instant contemplated that
the punishment for libel be taken out OF
the hands OF the States"
Suppose" asked Judge Hough. that
hbellous matter was printed and cir
culated within ceded territory1-
That's the very point. said Mr.. Nlcoll
In such cases as your Honor refers to
the State would have no Jurisdiction,
since the origin OF the offence was not
within the jurisdiction OF the State. That
would be an offence not covered by State
law. This proceeding is entirely different"
The prosecution OF the World was
absolutely without precedent. Mr.. Nicoll
continued. He recalled Thomas Jeffer-
sons contempt for the sedition law.
quoted Alexander Hamilton, James
Buchanan. Judge Story and Daniel Web
ster in support OF his argument that the
United States should not have jurisdic-
tion in cases Of criminal libel. and said
that by 1925 opinion had become orys-
tallized In this country that the Govern
rnent could not exert Jurisdiction in such
matters.
Read what Buchanan says. your
. a