The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-04

4 WASHINGTON. Jan. 3.-By unanimous
decision the supreme court of the United
States today decided that the federal
government could not maintain the So
called Panama canal libel suit against
the Press Publishing company Of New
York in the federal courts of New York.
In so holding the court affirmed the de-
cision OF the circuit court of the United
sta,es for the southern district of New
E York. which had quashed the indictment.
In eifs~: the decision was that the fed
eral court had no Jurisdiction over the
alleged offense. because the case might
have been brought in state court
The court today, dealt entirely with the
act OF congress in 1895 under which the
Indictment was brought. The effect OF
this act was to incorporate the criminal
laws Of the several states I'm force on July
J, isss, into the federal statute and to
make them applicable TO federal reserva-
flons within the various states. Among
!. these vas a New York libel law,
Z The court. through Chicf Justice White.
said that While the statute left no doubt
that where acts were done on rcserva-
lions which were expressly prohibited and
punishable as crimes by law of the
United States. that law was dominant
and controlling; yet where no law OF the
United States had expressly provided
for the punishment of offenses committed
Oh reservations. all acts done on such
observations which were made criminal
by the laws OF the several states were
LETT to be punished under the applicable
statutes.
Recognize States Rights.
when these results OF the statutes
are borne In mind" snid the chief Justice.
Incomes manifest that congress. in
adopting 1t. considered the twotold char
actef OF our constitutional government
and had In view the enlightened pur-
pose so far as The punishment Of crime
vas concerned, to interfere as little as
might be with the authority OF the states
on mat subject over all territory situated
Silhin their exterior boundaries. and
which hence would he subject 10 exclu-
slve state jurisdiction but for the exist
ence oil United States reservation.
In accomplishing these purposes II is
apparent that The statute. instead OF
nxing by its own terms the punishment
ior crimes committed on such reserva
tlohS which were not previously provided
r i1r py @ law of the United States. adopt
"a ana written In the state law. with
tne single difference that the offense,
s'nough punishable only in the way and
10 The extent that Il would have been
punishable II the territory embraced by
me uie reservation were made subpect 10 the
jurisdiction OF the stale"
Clliet Justice White said that investi-
sa'ons plainly established:
Redress at Hand.
First-Tbat adequate means were af-
Moel on a United States reservation Dy
.ne state laws. and in the state courts.
without the necessity of resorting to the
courts OF the United States for redress.
4, second-That resort could be had 10
M M.ne courts OF the United States To punish
me act OF publishing a libel by crculat-
ins d copy OF the newspaper on the res
serration upon the theory that such pub
ncalon was an independent offense sepa
iidle and distinct. from the primary print
ns ana publishing Of the lioclous article
MMlthin the state OF New York without
gsregarding the laws OF that state and
frustrating the plain purpose OF such
isW. which was that there should be u
single prosecution and conviction.
,o,I Ihese propositions being true II fol-
,oSs IN the light OF the construction
,wn,eh we. have given the act OF 1895
,nsi ,,nsi me court was right In quashinG the
tana,'etinents AS not authorized by that
ciuslon. We think. was possible as II
souid mol sustain the Indictment without
s,ving TO the statute a meaning directly
ssohnnictlng vi With the construction which
We nave affixed TO il.
me ruling which VIC now make does
noi, OF course. extend 90 Il subject which
y, " not before US II follows. therefore.
mat We do not now intimate that the
rule which in this case has controlled
onf decision would he applicable To n
ease which was wholly committed on Il
reservation. disconnected with acts com
United within the Jurisdiction OF the
states. and where the prosecution for
ssuch crime In the courts OF the United
States Instead Of being in conflict with
.ne applicable statute law WAS In all re-
spccts In harmony herewith"
History Of Case.
:, The Prcas Publishing company. pub
Hnsher OF the New York World. was in
aieied In March, 1908. In the circuit court
S az inc United States for the southern
mMstTict OF New York on q charge oi
npeL In effect. the alleged libel was the
publication OF articles stating that
Z; Charles p. Taft. Douglas Robinson and
William Nelson Cromwell. with ]. Pier
pont Morgan and others. obtained ccntro
"d oao tlc Panama canal route for about Sc.
y,rvo.ooD, and through the cooperation oi
II Ir-heodore Roosevelt. then president of Tho
pnited Stetes and brother-in law OF Mr.
robinson; w. II. Taft. then secretary o
war and brother of Mr. Taft. were ahl'
10 effect tic sale OF the Panama cana