Show LIBEL LiL sun SUT STARTED y HIE GOVERNMENT IS S DISMISSED r I t i 1 S I I 1 1 j Ii tt l Oct Ocl A AAn An orson of the tho U S court today p la dismissed the proceedings against Delavan Smith an and Charles R WIl lianas proprIetors of the IndIanapolis News who resisting removal to the DistrIct ot of ColumbIa for trial un under del der n a grand jury Jun IndIctment charging thorn them erh criminal lIbel In h tug articles alleging corrupt praHl of In the tho sale anle or of the Panama canal to the tho United States That man has rea read the history of our to little purpose said aid I Judge Anderson who does not view I with apprehension the success or of such sucha n a proceeding as this to the tho end that cItizens could be dragged from their homes to the DIstrIct or of Columbia the sent Gent of the tho government for trial under the circumstances of thIs case The defendants are arc discharged I 1 believe the fact that certain per persons p r rIons sons Ions are called thieves and swindlers does docs not constitute libel per sp BO A AJ J newspaper has a certain duty to per perform perform form As a former president has bas basi said aId It t is the duly of a 0 newspaper to prInt the and to toll toIl the tho truth about Il It Is the duty of a news nowa newspaper paper to draw Inferences for the pee peo plc pIc I Now ow there are arc many peculiar clr i about the tho whole Panama canal The Tho were In Interested interested In the tho construction of t the canal It was a matter of great pub 11 lie concern a largo large portion of the people favored the Nicaraguan route another portion those who were in interested In it IL officially and persona the tho Panama route A commIttee Was ap aptt appointed pointed to investigate the relative m merits Ils or of the tho two routes They in int m t i anti reported Ip in favor of the tho thoi i Nicaragua Shortly a afterwards they ther i c changed to Panama Up to the tho time of that change as aH aHI I I 1 gather from the tho evidence the low lowi i esl offer whIch had be been on suggested as al the tho ono one at which the Panama Punama prop I property of oC the Panama canal company could he be purchased was something over oer ono one hundred 1 lion Then rather suddenly It bc became known forty orty millions that thai It could be procured J k kNow Now there were a number of peo plc pIc who thought there was something wrong A committee of the U S son sen senate ate Was appointed to Investigate these matters cr mitre IfO as aR stetted In these articles These men who knew knee all about It II William Nelson NhOn Cromwell upon having certain questions put to 10 him stood upon his privilege as an n attorney and refused to lo To fo Tomy my mj mind that thal was just grounds for fOl suspicion I 1 am suspicious about It no now Hero was a newspaper printing priming the news flows or trying to lo Here was thIs up tor Cor discussion and I am not willing to say that the Inferences were too strongly drawn wn Tilts Tills Indictment charges these do de with commission of oC a crime In the District or of Columbia Now the constitution of oC the United States Stales In ht htone one of the amendments provides that the tho accused r ho be tried In the or district whore the offence Is com cOl milted I Tho Indianapolis News Is owned ed by br those defendants conducted and I published cd b by them painted in Ingham apolis At the time covered by the tho indictment It had Imd a dall daily circulation of about ninety thousand copies All but about tuo tue thou thousand and wore circulated ed cd and disposed o of lit In the tho or of Indiana soma Jour four or 0 five 0 hundred more In one or two of the adjoining states and to the District of oC Columbia there was vas sont b by mall about 60 copies I to subscribers portions who ordered them sent The fhe defendants no agent or office and maintain no anent a ont or 01 bureau In Washington I So tho question I Is do the defend defendants defendants ants when the they and publish copl copies J in the city of Indianapolis and deposit thorn In the United States mall to he be transmitted b by mall mail to fitly in the hey publish these nety copies In If tho they do Ir if the they dl did the court has jurls jurisdiction of oC the 0 of offense I But Dut If tho they did not noL then the court has hns jurisdiction of the offense or over the defendants Everything that tho evidence shows that the defendants do or did tho then do and dIll did In tho rho state of Indiana Indian city of Indianapolis I 1 have thought about this thing a good d deal nl and it seems to me I nm am compelled to take lake ono one oo o two views and there II is noth aoth lug IuS bel between them Either when n a newspaper owner or does doos waat tat the tho evidence In this case shows those defendants ts lid did print and do de deposit posit in the malls for circulation those papers containing therein for the tho par pose of this articles either thy arc guilty guilt here and In 0 ov cry CO county district or jurisdiction Into which these papers go 0 or they aro only guilty here hor There is no middle ground to take the tho defendants put pul these I papers containing those libelous articles Into the here In Indianapolis and they the went through the tho malls mails throughout the country into Inlo the tho various mates counties and di tracts of the tho united States Slates It became n a crIme a separate and independent crime In every one of oC the counties districts or states stales Into winch the tho pa Im papers pers ors wont or there was but one cr crime me and that was here her herT Tire T o co counsel mil 1 for Cor the tho government apposed a rase cose where a I newspaper Is In Indianapolis and clr d throughout the tho counties of 1 asked they could be prosecuted In every county and the counsel thought tho they could and in III the absence or of this statute they could Then suppose there thore was an lu in Poso Posey count county Would they thoy have hao the trial I and prosecution In Marion Marlon count county The counsel for the government nought they would I do not Dol think so at all I am certain ot of It I feel like saying I 1 know It |