The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-10-25
GOVERNMENT MAKES
FINAL STATEMENT
Decision in Famous Panama Libel Suit
May Not Be Handed Down BY
Supreme court for Weeks.

Washington, Oct 25.-The Anal at
tempt Of the Federal government to
uphold the validity Of the indictment
in the New York federal courts Of
The Press Publishing company in a
charge Of libel, growing out of the
publication in the New York World,
on the purchase Of the Panama canal,
was made yesterday in oral argument
before the supreme court of the Unit.
ed States The governments efforts
We're opposed by arguments for the
Press Publishing company, designed
to sustain the action of the lower fed.
eral court to quashing the Indictment.
Sweeping principles of law were said
to be involved. Libelous statements,
it was alleged, had been published con-
cerning the highest officials of the
land James C. McReynolds, special
assistant of the attorney general, and
Delaney Nicoll, opposing counsel. have
long been prominent in the public
eye Mr.. Nicoll presented to the court
in dramatic fashion, an argument to
show that the whole history and life
of the country condemn the construc-
ton on the act OF congress asserted
lby the government
He dwelt first upon the unpopuIarity
of the sedition act of 1889, designed
to punish the publication Of articles
with intent to stir up sedition. Then
he came down to $780, when, he said,
lin the very room In which he was
speaking, James Buchanan, later pres
ident of the United States, in the trial
of Judge Peck before the United
States senate, had argued that the
founders OF the constitution had been
afraid to give the federal government
any authority over the subject of libels
FINALLY he took up President Roose-
lvelt's special message to congress In
regard to the alleged libel He des-
Iignated It as scurions reading" For
1.-THE next few minutes his voice rang
Through the little court room as he
read poi don Of the message holding
1t to be high national duty to bring
to justice him who "wantonly and
wickedly and without one shadow of
justification seeks to blacken the char
acter Of reputable private citizen
and to convict the government OF his
own country in the ayes of the ciyiliz.
ed world Of wrongdoing t0f the basest
and foulest kind
Following Mr.. NieoI, Mr.. Reynolds
told the court that the government was
concerned in protecting the people re-
! siding IN a federal jurisdiction. IN
rebuttal to the argument that the
; prosecution should have been brought
: where the alleged libel was printed,
or. IN other words, in state courts, he
contended that the offense Of libel was
not limited to the mere act Of printing
! but included acts Of making 1t public
One of these occurred, he claimed, in
, federal territory He entered into a
! colloquy with Justices Holiness White
, and Day as to what law OF New York
state is as to libels-
The entire argument on both sides
+ was limited to two hours The court
J then took the case under advisement.
/. An opinion may not be rendered for
! several weeks. The article in ques-
ton, was printed IN the heat Of the
! presidential campaign in 1908 It
/, charged that Charles P Taft, Douglas
' Robinson and William Nelson Crowell,
r with ]. P. Morgan and others. obtain
/. ed control of the Panama route for
: ss,000,0OO, and through their intimacy
/; with Theodore Roosevelt. then presi-
! dent, and William H. Taft then sec
(: retary Of war, had sold the property
! to the United States at a profit Of
! $S6 ,O00,O 900. Much attention has been
I lpaid to the case by President Roose-
i. lyelt during his administration, even
/ being made the subject Of discussion
/. lin a special message to congress.