Los Angeles herald., 1910-10-22
LAWYERS EXPLAIN
CANAL LIBEL SUIT
Brief for Government and Press
Publishing Company Filed
in Supreme Court
JURISDICTION AT WEST POINT
Defendant Corporation Contends
Circulation of Article on Fed
eraI Ground Accidental
JURISDICTION AT WEST POINT
ASSOCIATED Press)


behalf of the government and Press
Publishing company of New York were
filed in the supreme court of the
United States today in what is termed
the Panama libel case. The case is
that in which former President Roose-
welt ordered the department of JUS
tice to proceed against the publishers
of the New York World because OF
the publication of stories to the effect
that there had been favoritism in the
purchase of the Panama canal prop
erty by which capitalists, including
Charles p. Taft, brother of the presi-
dent; Douglas Robinson, brother-in-
law Of former President Roosevelt, and
others were charged with having
reaped great financial benefit. Be-
cause of the fact that the World was
circulated upon the government reser-
walton at West Point, the libel pro-
ceedings were brought in the federal
courts and on the legality of this ac-
ton depends the chief contentious oi
the defendants counsel.
wICKERsHAM ARGUES CASE
The governments brief was argued
by Attorney General WickershaIm
James M. Reynolds and Stuart NC
Namara. It not only contained q
statement of facts, but an argument
in support of its position that the IN
dictment against the Press PUBLISHING
company should not have peer
quashed.
"In effect" says the governments
brief, "the published article charges
that Charles P. Taft, Douglas Robin
son and William Nelson CromWell
with j. Pierpont Morgan and others
A
obtained centrol of the securities ol
the French company which owned the
Panama canal route and its properties
for the approximate sum of $3,OOO,OOO
Aided by the intimacy which they en-
loved with Theodore Roosevelt, then
president of the United States, and
brother-in-law of Douglas Robinson
and William H. Taft, then secretary
of war, and brother of Charles +. IaLt
and by the cooperation of these o1tl-
cials with them, they were enabled &c
effect the sale of the Panama canal tc
the United States for $40,000,OOO ano
reap a profit of some $36,00000O, which
was divided as charged, among gov
ernment faVorites in the world OF poll
tics and finance"
JURISDICTION ISSUE INVOLVED
The substantial question which thu
! was set out in the brief as beint
whether or not the United States courts
had Jurisdiction to punish a corporation
which printed in the city Of New YorF
a newspaper containing libel, cr1mlna
under the laws of the state of New
York. and circulated copies Of the same
within the federal territory OF Wesl
Point. The governments claim is baseo
on an act of congress of 1898 which the
government urges operates to transfer
state law to federal territory for the
purpose of furnishing acts committed
there, which, if performed outside ano
in the jurisdiction of the state' wouio
be amenable to it's laws"
In the governments brief it is argued
that it is not only the right, but the
duty, of congress so to leg1slate con-
cerning territory under its exclusive
Jurisdiction as to preserve peace ano
good order therein.
because one may be punished fol
issuing a libel in New York is no rea'
son. saws the government, for allow
ing him to go free of all punishment fol-
circulating it at West Point. The peo-
pie in the latter place are entitled to
protection"
INCONVENIENCE" QUESTION oFFEREL
The inconvenience to accused of be-
ing subject to prosecution In sundry
places, where their alleged libels are
circulated, are met with the argument
that the Inconvenience which may be
suffered by criminals has not generally
been regarded as adequate reason fol
permitting them to operate without re-
straint."
The statement that the offense
charged could be punished in New York
state courts, and therefore was not IN
tended to be included in the act OF
1898, brought forth the argument from
the government that the state OF New
York cannot punish an offense commit
ted at West Point against the United
States"
The brief for the Press Publishing
company was filed by Delaney Nicoll
Of New York, assistant counsel. This
contended that even though the Ian
guage of the act of 1898 was literally
broad enough to cover the case, II
should not be so construed for several
reasons. The foremost of these was
that the general acquiescence of legal
minds for nearly a century in the mega
tive of the proposition forbids the con-
struction now for the first time assert
ed by the government"
ACCIDENT OF CIRCULATION
'.During this period we have passed
through the most momentous events OF
our history" said the attorney. "In
all the fierce discussions of the press
no one has ever claimed till now that
the courts of the United States have
Jurisdiction to punish a libel first print
ed, published and circulated in one OF
the states, and which, in the course OF
a general circulation, has happened to
penetrate into this federal reservation.
Another reason advanced against the
governments construction was that
the whole history and life of the coun-
try is utterly at variance with any
such construction" the necessary re-
suit of which, 1t was contended, would
be to confer upon the national author
ity a general control over the press OF
the country.
aM NrnI nIIn n