Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-10-22
GOVERNMENT FILES A BRIEF
Issues Joined in So-Called Panama
Libel Suit.
ARGUES IN SUPPORT OF POSITION
Attorney General Wickersham Con.
tends that the Indictment
should Not Have Been
ouaShed.

WASHINGTON, oct. 2L-The govern
ment's brief in the so-called Panama libel
suit Of the United States against the Press
Publishing company of New York was filed
today In the supreme court of the United
States. II was argued by Attorney General
Wickersham, James c. NJ. Reynolds and
Stuart Mcnamara. 1t not only contained
n statement OF facts. but an argument in
support OF it's position that the indictment
against the Press Publishing company
should not have been quashed.
Tn effect" says the governments brief.
the published articles charge that Charles
II. Taft. Douglas Robinson and William
Nelson Cromwell with j.. Pierpont Nor
gan and others. acting through an Ameri-
can syndicate, obtained control of the Sc
curities of tho French company which
owned the Panama canal route and its
properties, for the approximate sum OF
! S. 200. Aided by the Intimacy which
they enjoyed with Theodore Roosevelt
! then president of the United States and
brother-in-law OF Douglas Robinson and
! William IT. Taft then secretary of war
and brother Of Charles n. Taft, and by the
/ cooperation of these officials with them
they were enabled to effect the sale OF this
! Panama canal to the United States fol
t4O.OOO,OO0 and reap a profit Of some $685.,
100000 which was divided as charged
among government favorites in the world
Of politics and finance"
Claim of the Government.
The substantial question, which the gov
eminent claims is before the court, is Sc
out in the brief as being whether or no
the United States courts have jurisdiction
to punish a corporation which printed II
the city OF New York a newspaper contain
! ing a libel criminal under the laws of tn,
state of New York and circulated copies
OF the same within the federal territory o
West Point.
The governments claim Is based on al
act Of congress of 1898, which the govern
ment urges, operates to transfer the stat
law 10 federal territory, for the purpos
OF furnishing acts committed there, which
| II performed outside and in the jurisdic
ton of the state would be amenable to II
laws"
! In the governments brief Il IS argue
that it is not only the right, but the dut
OF congress so TO legislate concerning ter
ritory under its exclusive Jurisdiction a
TO preserve peace and good order therein.
Entitled 10 Protection.
Because one may be punished for issu
ing a libel in New York Is no reason" say
the government, "for allowing him to g
free OF all punishment for circulating Il q
West Point. The people In the latter plac
are entitled 20 protection"
The Inconvenience to accused, OF bein
subjected TO prosecutions in sundry place
where their alleged Hbels are circulate
was met with the argument that 1.-The a.
convenience which may be suffered b
criminals has not general been regarded 4
adequate reason for permitting them
; operate without restraint"
The suggestion that the offeuse charge
could be punished in New York state cour
and therefore was not intended 10 be il
cluded In the act OF 1885 brought forth n
argument from the government }"that n
state OF New York cannot punish an o
fence committed at West Point against II
United states"