The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-01-07
PANAMA LIBEL" SUIT FAILS.
SUPREME COURT AFFIRNIS
QUASHING OF INDICTMENT.
Decision, Rendered by Chief Justice
White, I'm Famous Case Against
New York World, Says Federal
Court Has no Jurisdiction-Action
Result of published Statements AL
legged To Reflect on Roosevelt, Taft
and Others.

washington, Jan. 3.-By unani-
nous decision the Supreme Court Of
the United States today decided that
ire Federal Government could not
maintain the so-called Panama Can
al liber' suit against the Press Pub
fishing Company. Of New York, In
the Federal Courts Of New York. In
so holding. the Court affirmed the
decision OF the. Circuit Court of the
United States for the Southern dis
trict Of New York, which had quash-
ed the famous indictment.
In effect the decision was that the
Federal Court had no Jurisdiction
ovr the alleged offence, because the
cas- might have been brought in a
State Court.
The Press Publishing Company,
publishers OF the New York World.
was indicted in March, 1909, In the
Circuit Court of the United States for
the Southern district of New York.
for libel.
In effect this libel was the publica-
ton Of articles. stating that Chas. p.
Taft, Douglas Robinson, and VIM. n.
Cromwell. with j. p Morgan and 9TH
Srs. obtained control OF the Panama
Canal route for about $4,000, 600.
and by the cooperation of Theodore
Roosevelt, then President and broth
er-in-law of Mr.. Robinson. and VIM.
III. Taft, then secretary OF War and
brother OF Mr.. Taft. were enabled to
effect the sale of the Panama Canal
to the United States at profit Of
s36, 6,O00.0 900.
The United States claimed jurisdic-
ton TO punish the alleged libel, on
the theory that the publisher had
committed a crime upon Federal ter
ritory at WesA Point N. ", and in
the postoffice building in New York
City.
1t was argued that wherever the
papers containing the alleged libelous
articles might have been printed
that they were technically publish
ed" upon these Federal reservations
and the Federal Government had the
power to punish such publishers.
The indictment was quashed on
the grounds that the Court was with
out Jurisdiction. The United States
appealed from this construction of
the statute under which it claimed
the Indictment was authorized.
The decision OF the Court today
dealt entirely with the Act Of Con-
gress In 1898. under which the in
dictment was brought. The effect Of
this Act was 10 incorporate tho Grim
inal laws Of the several States, in
force on July 1. 1898, into the Fed
eral statute. and to make them appli-
cable TO Federal reservations within
the various States. Among these
State laws was New York libel
law.
Justice White stated that while tho
statute left no doubt where acts
were done on reservations, which were
expressly prohibited and punished as
crimes by law Of the United States.
that law was dominant and controll-
ing, yet, on the other hand, where no
law OF the United States had express
ly provided for the punishment OF OF.
fences committed on reservations all
acts done on such reservations,
which were made criminal by the
laws Of the several States, were left
to be punished under the applicable
State statutes.
Chief Justice White said that in
vestigation plainly established;
First: That adequate means wSro
afforded for furnishing the CIRCULATION
OF a libel on a United States reserva-
ton by the State law, and i'm the
state Courts. without the necessity of
rosorting To the Courts OF the United
states for redress.
Second: That resort could be had
10 tho Courts OF the United States TO
punish the act OF publishing a news
paper libel by circulating copy Of
the newspaper on the reservation, "p-
on the theory that such publication
was an offence within the state OF