Jasper County Democrat, Volume 12, Number 53, Rensselaer, Jasper County, 16 October 1909 — ROOSEVELT KICKED OUT OF COURT [ARTICLE]

ROOSEVELT KICKED OUT OF COURT

Judge Anderson Dismisses Libel Case Against Indianapolis News - > Owners. The criminal libel prosecution against the of the Indianapolis News, instigated last fall by a fellow by the name of Roosevelt, who used to bob around in the presidential chair like a flea in a hot skillet, in an effort to keep himself in the limelight, because of certain publications in said newspaper of and concerning the peculiar circumstances surrounding the purchase of the Panama canal from the French government, came to an inglorious end Tuesday, when Judge Anderson of the federal court at Indianapolis discharged the prisoners. The real question decided was that a newspaper publisher could not be carted off to the seat of the national government for trial for libel, but must be tried where the publication was made, which in this case was in the state of IndianaIn the course of his remarks Judge Anderson said: “I am of the opinion that the fact that certain persons were called ‘thieves’ and ‘swindlers’ does not constitute libel per se. A newspaper has a certain duty to perform. j ;j “As a former President has said. ‘lt is the duty of a newspaper to print the news and to tell the truth about it.’ It is the duty of a newspaper to draw inferences for the people.

“Now, there were many peculiar circumstances about the entire Panama Canal business, I do not wish to be understood as reflecting upon anybody in or out of office, except such person or persons as I may name. “The revolution in Panama, the circumstances concerning it, were unusual and peculiar. The people were interested in the construction of the canal. It was a matter of great public concern; a large portion of the people favored the Nicaragua route; another portion, those who were interested, favored the Panama. The question is, Did these defendants, under the circumstances, act honestly in the discharge of this duty which I have spoken of, which the law recognizes?, and were they actuated by a desire to injure the persons who are affected by their act? “If it were necessary to decide this case upon the question of privilege or lack of malice I would hesitate quite a while before I would send these people to Washington for trial. But that is not it. “To my mind that man has read the history of our institutions to very little purpose who does not put very little valuation on this. If the history of liberty means anything; if the constitution means anything, then the prosecuting authority should not have the-power to select the tribunal, if there be more than one to select from, at the capital of the nation, nor should the Government have the power to drag citizens from distant states there for trial. “The defendants will be discharged."