davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
FRENCH RETAKE SOUPIR.

PARIS. Nov. 6-The official com
muniquc issued at 1926 o'clock tonight
Indicates that tho battle along virtually
the whole front from the Belgian coast
to Nancy is raging with great violence.
The allies continue their offensive in
the north and have repulsed attacks at
Ypres. Arras and in the Disc region. The
communlque follows;
In the north the battle Is pro-
Cecdlng with tho same violence.
The latest news Is TO Tie effect that
our offensive continues. In the dis
trict east and south OF Ypres. in tho
region Of Arras. and from Arras to
the Disc several German attacks
have been repulsed
In the region OF the Aisne we
have rocaptured the village OF
Soupir, northeast of Vailly. which
was lost the other day.
In the Argonne tho ensmy has
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
DEFEND BELGIAN COAST.

HAvRE. via Paris. Nov. 6.--The oHiclaI
issued by the Belgian Gov
eminent here to-day is as follows:
The enemy is showing no activity
on the User front. but several de-
tachments with quick firing guns
stall occupy the left bank OF the
User near 81. George and Stuyve-
kenskerke. The Germans have
placed numerous cannon. including
all csl!bres. on the Belgian coast
between Middelkerke and Zee
bruRge,
on the Dixmude- Bixschoote front
tho Anglo-French offensive move
ment continues, Violent German
attacks In the direction OF Blk
schoote have been repulsed.
Between Wytschaete and Mes
sines the offensive movement OF the
allies has progressed as far as the
road Joining these two towns.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
GERMANS FORCED ON
BY THREAT OF DEATH
Prisoner Says Officers Fired On
Soldiers Who Failed to
Advance.
YPRES BATTLE TERRIFIC

LoSpoNe Nov. "a continuation OF the
eyewitness account OF the proceedings at
the front. written by Col. r. n. Swinton
official press bureau to-day. The account
is as follows:
Friday. October 80, witnessed ~
newal of the Efforts against our right,
which were without success to the enemy.
In tho centre tho bombsrdment was
heavy. Indeed, 80 many shells fell around
our positions that telephone wires were
frequently cut. The attack in tho direc-
ton OF Ypres generally was renewed.
Southeast OF that town II was pressed in
great force and IN places our line was
again forced back a short distance. But
on our left tho onooming Germans were
stopped by our entanglements. under
close rife Are and after two efforts TO
advance they gave way.
ION Saturday. October 81. most de-
termined attack was made upon our left
and our left centre, the pressure being
especially severe against the latter por-
ton OF our position. Part or our line was
driven back temporarily by the sheer
weight OF metal and numbers, but 1t was
almost all recovered again before night.
AGAINST our centre the enemy did not adj
vance. while against our right they we're
not nearly so active ~ they were further
north.
so far. with the assistance OF the
French, who have been cooperating most
effcctually We have succeeded In maintain
ing our line and in retaining possession
of Ypres. upon the capture OF which by
the end Of october the Germans had set
their heart.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
PRESS BACK GERMANS.

LONDON. Nov. 6.--The Official Pres.
Bureau has issued the following state
ment:
The enemy's attack has decreased
In vigor and the process Of pressing
them back Ia making slow but steady
progress,
The advance has been most marked
TO the south of DXmude and toward
Ghsleweldt, but the wea Their has been
misty and has tended -, 10 hamper
sperations
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
German Omccrs Threaten Men.

German pUcers Ihrehteh wen.
ION tho l7th and 18Th Of October we
performed such fatigurc forced marches
that many men fell out on the road
on October 10 We each received 2S5
rounds OF ammunition and had our first
taste Of Are Although we were told
that thcre we're only sharpshooters in
front Of us saw French cavaryrnen
and no other foes From this day on
ward the nghtng was uninterrupted.
on Oo,ober 20 my section received orders
to go forward 10 attack and our officers
warned us that II We gave way fire
would bs opened upon us from behind.
This threat was carried into efYNct when
the Losses we suffered compelled us 10 re-
tire. Indeed Il WIS Dog q German bullet
that was wounded.
"'HavinC fallen on the ground, re-
NAMED between the lines without food
or care for Two days. NJ the end Of which
time I dragged myself to a ruined house
During all this I me German shells, which
were short were falling about my shelter
located few hundred PAGES from the
French lines The French having ad-
vanced on October 2s I myself moved for
ward and called out 70 n passing patrol
and surrendered
1--WE have received no distribution ~
food since our arrival In France. The
commandant OF my company WAS y re-
ser-ve Lieutenant 2s wears of age The
II.
belonged TO tho reserve. az did all the
other officers OF the regiment The Of
fcers told us that II wo fell into the
hands of tho French we would be sent
to The Foreign Legion and that we surely
would be massacred by the Moroccans
81 saw only one man shot, He was
priest. who they said was spy
Airmen Hsrass Enemy.
THE results Of the inundatlon TO the
north OF DiXmudc have been observed by
our nviators, who have seen numbers OF
the enemy collected in groups on thu
| dlkes which intersect the flood. where
according 10 report. some German heavy
| artillery IL begged. Our airmen also have
been able TO harass advancing hostll,
columns by bomb dropping and machine
gun fire,
"The tactical transfer OF troops bohlnt
the German front line is now carried
out to "a great extent by motor omnibuses
OF which long lines are visible from above
During the past few days large mum
bers OF refugees have been streaming
back along all the roads from Belgium
and crowdinR the empty trains returning
from the 'front.' uron which the Frenci
have most humanity allowed them &c
travel In these trains whole famile,
may be seen jostcd together In hors
trucks and having with them what few
household goods they have been able 4
carry away but the less fortunate 'hav
to trudge the roads. making use OF an!
| shelter they can find.
THE Inhabitants OF the district within
our zone OF operations also line the road
from morning TO night and listen 10 tn
sound OF the guns there being nothln,
else for them to do AS the duh roa
wakes and wancs 80 does their confidence
die away or return, and In 1Ioh alterna
tives NJ fear and hopo Ia each weary da!
lpassed, All this traffic 10 and fro o
Iclvilians entails the utmost vigilance Il
forder TO guard against espionage"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
GERMANS REINFORCED.
10000 10 10000 Troops sent "a
Dicsi and Nnlin-s,

AMSTERDAM. Nov. 6--1rans arrived at
Iasselt this morning from the direction
OF Lego, conveying from $1,000 to 10000
German soldiers including many elderly
men and boys. The trains loft at noon
for Dlcst and Mdlines
The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-07
Special Cabis b,spatch TO TUE Sun

PARIS, NOV C.. President poincare lift
here last evening for Bordeaux. He will
return in short time and will visit the
armies In the east and also Champagne
and Lorraine and various countrysdes
that were rava1ed by the Germans,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22

81 think that answers your honors sug-
gestion day before yesterday as 10
whether or not the President could par
don before the man was actually convict
ed of crime"
The court asked what the facts IN the
Garland case were. Mr.. Carstarphen said
the case involved a pardon for Mr. Gar
land. who was afterward President Cleve-
lands Attorney General, 10 relieve nm
from all disabilities attached TO the Of
fence of treason committed by his par
,icipation in the Rebellion. that he might
be admitted to the Supreme Court rs an
attorney.
In reply TO the courts question as 10
whether the case did not turn somewhat
on an act Of amnesty. Mr.. Carstarphen
replied that it depended entirely upon the
pardon.
THAT case" said the court, would
seem TO help you good deal
II think So answered the attorney
ut has been cited with approval since. IL
has been regarded as settled. | now de-
sire TO call your honor's attention-quot-
ing from the opinions of the Attorney
General-to an opinion rendered by so
licitor General William II. Taft 10 the
President. and concurred in by the Attor-
ney General, in regard to the power or
the President TO grant pardons or TO grant
amnesty The opinion was rendered in
connection with the petition praying the
President to issue a pardon or an amnesty
TO all persons residing I'm Utah who had
been guilty of polygamy. unlawful CO.
habitation or adultery: and in that opin-
ion IT was recited that this authority UNI
doubtedly gave the President the power TO
grant that"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Authority for Pardon.

And he did read the pardon aloud, and
he had IL and took IT out OF the grand
jury room with him." continued Mr..
Carstarphen. LAS TO whether the Presi-
dent could grant pardon before a crime
was committed. or after or when-if
there was any crime committed, which We
are forced TO believe by these men stating
that TO answer would tend to incriminate
them. then the crime was committed be-
fore the articles were published on De-
cember 49, Therefore a pardon coming in
February relates back TO those offences
that were committed at that time. and it
cannot be said they are being pardoned
in that respect for something they have
not done.
In regard to the authority OF the Presl-
dent OF the United States TO grant par
don OF that Sort find that as early as
in 4th Wallace, in eX parte Garland. in
the Supreme Court OF the United States.
IL was held on that subject. interpreting
that section OF the Constitution which
provides that the President shall have
power TO grant reprieves and pardons OF
offences against the United States. except
in cases OF impeachment:
The power thus conferred is unlimit-
ed. with the exception stated. II extends
TO every offence known 10 the law. and
may be c1asussa< ~ any time after its
commission. either before legal proceed
ings are taken or during their tendency
or after conviction or judgment. This
power OF the President is not subject to
legislative control Congress can neither
limit the effect OF his pardon nor exclude
from its exercise any class OF offenders.
The benign prerogative OF mercy roposed
in him cannot be fettered by any .egis-
Ia tive reetrictiorS
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Was Probing Crime, He Says.

In taking up his argument Mr.. Car
starphen said that the federal grand jury.
before which the contempt was charged.
was investigating violations of Sections
81 and 90 OF the Criminal Code OF the
United States. The first has 10 do with
a conspiracy TO commit an offence against
the United States, and the second with
bribing any public official TO get him 70
do anything contrary TO his public duties.
The subppnas under which the defend
ants were called before the grand jury.
before which they refused To testify, were
issued In an investigation as 10 whether
these statutes had been violated in that
a public official had been induced TO
dvulge contrary to his duty Information
contained in the news stories under con
sideration.
In view Of the fact Mr. Carstarphen
held, that in the answer TO the present
ment from the grand jury charging con-
tempt in falling 10 answer questions in
this investigation the defendants pleaded
a great number OF legal conclusions tend
ing to show that the grand jury was not
a legal body. il was proper yesterday to
go into the entire transaction.
The information in connection with the
Littauer case and the Heitmeyey .r4st,
said Mr.. Carstarphep- such information
being prematIvS;1r published while those
cases were 1nder investigation by grand
juries. was obtained partly by special
syenis OF the Treasury Department OF the
United States government and by other
officials in the employ OF the Treasury De-
partment."
lie then cited the regulations OF the
Treasury Department prohibiting officers
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
,JUDoe LEARNED HAND .

any way. from pleading it as bar to
prosecution: but If the pardon is good
surely it would be an absurd thing FOR
man 10 say. I have privilege
against incrimration. / have a means
AT any time Of making il impossible to
prosecute me. but for reasons best
known To myself. which ! decline TO
disclose now. | will not take advantage
of what YOU offer me- Wouldn't it be
very unreasonable proposition TO ex-
tend a privilege to case of that sort?
Denies Presidential Power.
Il had hoped" said Mr.. Wise. that
Mr. Carstarphen would answer your
repeated efforts to get an answer from
him along that line. but he didn't. |
say that the President has no such
powers as those vested in Congress
Mr. Carstarphen did not answer that
question. Congress has the power 10
rant amnesty. The President has no
such power. He cannot, by issuing
general pardon. compel witnesses to he
witnesses against themselves, and then
10 say that if you do this. and any
thing results from your so doing that
may put you in jeopardy, then this ON
nibus general grant of mine shall oper-
ate as an immunity statute"
That. | think" said the court. is
the real point at issue. Ny impression
at the outset was with YOU in that.
This case of ex parte Garland, and the
other cases Mr.. Carstarphen has sug-
gested, certainly / have got to look
into. / had supposed that historically
the prerogative of pardon was one
which was exercised only after convic-
ton. but apparently that is not So"
I'VE come then TO this proposition"
said Mr.. Wise. land this IS simply along
the line Of the courts reasoning, as 10
whether this attempted writ or war
rant Of pardon can be said TO he in the
nature Of latent immunity, because that
is the way view the courts attitude
toward it,"
1T must be. ! think" said the court.
1T must go so far as to be an absolute
bar 10 any prosecution"
For any offence" asked Mr.. Wise.
ANY offence which could possibly be
connected with these questions. said
the court.
"Oh, no, no." said Mr.. Wise. 1T has
got to be as broad as the constitutional
privilege"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Not Necessary to Accept.

According to the theory advanced IN
the traverse. or answer, Of the defendants
to the charge of contempt of court, deny
ing the Presidents power to pardon them
unless they accepted the pardon Mr.
Carstarphen said, 1T would be necessary
for every Mormon who had been living In
adultery in Utah to come up and ask for
a certified copy of the pardon, frame II
and hang it on the wall OF his home, III
order to say that ne had accepted that
pardon. 1t would be denied that the
President had any right whatever 10 ac-
cord il to him. The whole ten thousand
must come up and accept
Are not amnesties always legislative
acts?" asked the court.
Not when the President himself issues
the proclamation. When President Lin
coin issued amnesty TO the rebels, that
was not a legislative act
II am little hazy about it, Judge
Hand commented. but my recollection
would be that amnesty was always legis-
lative. | supposed IL so. These authorl-
ties YOU cite | did not know. The usual
form is certainly an act OF amnesty
II is done"
I'm regard TO that" answered Mr.. Car
starphen, this opinion says that these
proclamations OF the President have been
four times sustained by the Supreme
Court. Now, as TO the pardoning power
OF the President, ! am OF the opinion that
when this pardon was presented 10 the
witness and he declined 10 accept 1t, ne
cannot avail himself of the immunity Of
, fered by the Constitution. This right 10
refuse TO incriminate himself is intended
10 protect a person who is called upon 10
testify against a very real or prooaole
danger Of incrimination and not against
a danger which does not exist, as IN the
present case, where the offence has been
blotted out OF existence by the President.
He cannot now claim 10 be in fear or
criminal prosecution, when he has rem
edv in his own hands, even II he declines
to accept IL.
1T is true. IT is extant, and it grants
him n complete absolution from any Of
fence he may have committed. In this in
stance these men are in the position
where they say. L have violated the law,
am amenable 10 II, | am subject 20
prosecution And therefore they are IN
O. position where the President can grant
them a pardon for the acts done
Il don't think that is a complete state
ment Of the position OF the man who
pleads privilege, Mr.. Carstarphen,' an
swered the court. "Of course. IL would
be utterly preposterous for the law TO
say to A man who says 4 have commit
ted a crime. he should be protected. tina;
even the privilege against certain incrim-
inations--which seems 20 me one OF the
most extraordinary that has ever been
developed even that would be, TOO.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22

I'VE are not concerned with the ques-
lions that Mr. Wise asks, as TO whether
heretofore or heretofore they had par
don granted them they cannot plead at
some time They had then, right at that
time I'm the Jury room, complete eX-
oneration for any offence they might have
committed i'm the past. And it is a ques-
lion that narrows down 10 whether 1t was
contempt for the authority of the grahd
jury for them to say they were afrald
their answers would incr.minate them,
when that pardon absolutely removed all
such palpable fears
81 think the last words you used are the
crux of the whole case" said the court
II think if they had IT they were NOT
justified, and If they did not they were
That is all there is TO the case
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Involves Grand Jury's Standing.

In opening Mr.. Carstarphen trst ar
gued that the question involved was
more farreaching than simply consid-
Grafton OF the validity of tie pardon.
we ought to know whether grand
/ iuries are going to be allowed to call
Witnesses" he said. "or whether before
they call them they must look up the
witness and counsel for the witness and
ask him if he may be called.
| The only thing. Mr. Carstarphen,
said the court. is this: There are two
grounds on which privilege might be
barred First because it did not appear
SUN ciently clearly that there was any
danger of incrimina ton. and, second be
cause. although there was danger of in
cr!mination the pardon of the President
had removed that danger. DO you claim
both OF these or only the second? Be
cause the first may require the taking
of some testimony
We claim both" replied Mr.. Car
starphen. because as a matter Of fact
We think ii possible this may have been
urged simply as a shield, as a cloak, TO
protect these witnesses and also TO pro-
tcct somebody else"
Undoubtedly" said the court. 1t is a
very difficult thing and very tlchlish
thing for judge TO know Just how far
he ought to compel person 10 disclose
the grounds of his fear. because that very
disclosure may he what he wants 10
avoid"
And to relieve your honor or any court
holding authority of that very thing.
said Mr.. Carstarphen, these warrants or
pardon are obtained and completely re-
lieve the parties
you don't quite get it, said the court
If the pardon relieves them the point Is
over. | am satisfied that the point about
the pardon is not good point. 1t is not a
good point, il the pardon is not SooG, that
these people are in sufficient Jeopardy TO
justify the privilege
No. no." replied Mr.. Carstarpnen. Il
think the very fact that they have re-
fused the pardon shows their absolute
bad faith in connection with the transac-
ton
II would like TO hear YOU on the ques-
ton of the pardon. because my impress
sion is against it," said the court. 4
would like TO hear from you whether the
prerogative OF the pardon extends 10 any
person who has not been convicted.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Reads Letter by WISE

II am going 10 read a letter i'o.
Wise TO the pardon attorney az
ington. You will be interested 10 W
that as we anticipated, Dreier. even y.
receiving the pardon. refused to ,ss'l, !.
the ground that IL would tend 10 i"1'
nate him. and after consulting N'n
sci raised the question a. TO "'e' ,'r.,
not the pardon removed 'he ~ :.
against characterization II II N'''
accepted. q,
1.-The grand Jury presented Dre'e J.
contempt OF court in refusing |" -
Judge Archbold. after hearing as<
decided that. whether or not -
action could be construed as an =
ance OF the pardon. still he GOV"
avail himself OF the privilege ass'",'
in elimination. for the reason, az ''
gested in your memorandum 10 ~.
dent that the constitutional pTi'''ss
Intended as shield against ." -
danger OF prosecution. and tns
being outstanding and svslIso'e ne
witness. and It affording complete ~
ton against any danger OF pio'e IA 4
he dared avail himself OF H. ne - 80 a
be said TO be i'm that danger
Constitution contemplated. 81
~ know YOU will feel srsune 4,
do that the court put is decision =.
broad ground rather than on the - -
or one that Dreier had in fact sc.v
the pardon. The decision seems -,
TO establish an interesting ana ,''
principle OF constitutional law IA
I'VE believe. your honor thA'
continued Mr.. Cartsrphen. ~ne" ,.,<a
finished reading the letter. :" 10
that IL is a settled principle Oh s,ss
,ional law. and We believe ths' a
not now be unsettled. We ~' d
harmony with the idea eNpre''< -
EDITORIAL Of a New York ncwspspsr =
ed by The Tribune this morh'ns' ,rsr
menting editorially upon 'ne~
proceedings .sssF
from the newspapers, Inter-
court. ION the subject OF WI" ~
law and what is not proper Ivy
papers do a great deal. but We
yet got to where they dispense ~
But as TO good faith. II h,1 -
permitted 10 show these '"o
sister Mr.. Carstarphen his ~
But the court would not ..sss -
ed his case.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
Turns on Validity Of Pardon.

"Supposing. as a matter Of fact, SAID
the court, these men, or one or them
had got this information from some sub
ordinate official in the Treasury Depart
ment. and supposing they got IL by some
| promise to pay, would they have com
mitted crime?"
Il think they would have committed
crime" said Mr.. Carstarphen; certainly
If they had gotten anything OF importance
from the information"
Doesn't that give them the privilege?
inquired the court
Let us assume that il does" said Mr.
Carstarphen. ut Is for that reason, then
that the pardon has been obtained for
. them. and II they are honestly in fear OF
discriminating themselves"-
"One minute" interposed the court 81
say. doesn't il all come down to the ques-
ton Of whether the pardon is VALID"
I'm the last analysis, practically il
does" admitted Mr.. Carstarphen.
From this point Mr.. Carstarphen con-
fined himself to the question of the valid
ity OF the pardon.
In the grand jury ROOM" went on Mr..
Carstarphen, they said il would tend 10
incriminate them If they answered the
questions II that is so they are offered a
pardon wherein. If they have committed
any offence or any crime In connection
with writing or assisting in the publica-
ton or securing the information that was
in those articles from anybody in the
Treasury Department or any official, they
are absoved from it.
I'VE are now met with the extraordi-
nary proposition that the President of the
United States has not the right to pardon
people for offences committed against the
laws of the United States. The sheerly
technical point is urged by my distin-
guished opponent that they have not ac-
traverse they never had the pardon I'm
their possession, which is certainly legal
conclusion we'll pleaded.
what constitutes having the pardon in
their possession? These men came into
the grand jury room. | handed them and
offered them pardon from the President
of the United States. | am an assistant
TO the United States Attorney That par
don came in due course from the Depart
ment Of Justice. | sad TO an intelligent
man sitting there, holding the pardon In
his hand: This is a pardon from the
aloud.
Discuss the validity OF the pardon, a"
interrupted the court