Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-10-21
Holds Indictment for Publishing
Panama Story Should Not
Have Been Quashed.
FEDERAL OFFICERS CLAIM
RIGHT TO PUNISH CRIME
Application of State Laws in
West Point Reservation a
Question at Issue.

! WASHINGTON. Oct. 21.-The Gov
frnment's brief in the so-calIed Panama
Nbel suit of the United States against
Ehe Press Publishing Company of New
York was fled today in the Supreme
Sourt of the United States. 1t was
signed by Attorney General Wicker
tham, James c. McReynolds and Stuart
Mcnamara. 1t not only contained a
| statement of fact, but an argument in
support of it's position that the indict-
ment against the Press Publishing
Company of New York should not have
been quashed.
''In effect" says he governments
that Charles p Taft. Douglas Robin
son and William Nelson Cromwell, with
]. Perpont Morgan and others, acting
through an American syndicate, OBJ
tained control of the securities of the
French company which owned the
Panama canal route ind its properties
for the approximate sum of $4,000, 900.
Aided by the intimacy which they en-
joyed with Theodore Roosevelt, then
4 President of the United States and
= brother-in-law of Douglas Robinson,
and William H. Taft, then secretary of
war and brother of Charles P. Taft,
and by the = operation of these off,
cials with them, they were enabled to
effect the sale of the Panama canal
to- the United States for $40, ,O0O, 900 and
resA, profit of some $780, 900, which
was divided, as charged among govern
mepA tYerites in the world of politics
an AN1."
Question Refore Court.
The substantial question which the
government claims is before tile court
was set out in the brief as being
whether or not the United States courts
have jurisdiction to punish corpora
tion which printed, in the city of New
York. newspaper containing a libel,
criminal under the laws of the State of
New York, and circulated copies of the
same within the Federal territory OF
West Point.
The governments claim Is based on
act of Congress of 1898, which the gov
ernment urges Operates to transfer the
State law to Federal territory, for the
purpose of punishing acts committed
there, which, if performed outside and
in the jurisdiction of the State, would
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 legslate con-
cerning territory under it's exclusive
jurisdiction as to preserve peace and
good order therein. Because one may
be punished for issuing libel in New
York is no reason" says the govern
ment for allowing him to go free Of
all punishment for circulating it at
West Point The people in the latter
place are entitled to protection"
Rights of the Accused.
The inconvenience to accused of be-
ing subjected to prosecutions in sundry
places where their alleged libels arc
circulated was met with the argument
that "the inconvenience which may be
suffered by criminals has not generally
been regarded as adequate reason for
permitting them to operate without re-
straint"
The suggestion 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 1893
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.'