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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, January 27, 1910, Image 3

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y Jurisdiction, Decides Judge
Hough, in "World" Suit.
ix is therefore ordered that a Judgment
gf this com be entered quashing the •-
dictment herein because upon the con
coction el the statute hereinbefore stated
jh,, indictment is not authorized by the
jj^aite upon which it -rests." .■ : *
These were the final words with which
jndf* Hough in the Criminal Branch of
gg United States Circuit Court dismissed
iMirrii*" the government suit against the
fref? Publishing Company, publishers of
World." charging libel In the printing
tad circulating or. government reservations
c f newspapers containing libellous state
nests recording Theodore Roosevelt, WIB
,. :Tr . H. TafU Douglas Robinson, Charles P.
«r a ft and William Nelson Cromwell in con
section with the purchase by the United
ctatcs cf the Panama Canal.
n^Lsv Xiccll. the company's counsel,
ccstinutd his argument when the court re
oOßVtfT" at 10:30 o'clock. He continued to
,j e jve into the country's legal history.
Mteging ■ -th case after case which he
cited in support of his motion to quash.
judge Hough frequently interrupted, and
fg-^T and again brought him back to th*
jjuesticn of jurisdiction- This was deemed
tf.piifiC3.nu but Mr. Nicoll made excursions
isto every phase of the case.
Tsitec States Attorney Wise began his
trysaent by a reference to the five points
si»c> by Mr. Nlcoll. when he opened his
souon t? quash. Judge Hough stopped
-Stick to the question of jurisdiction," he
«£, a-- Mr. Wise did as requested. It
ra* an able presentation of the - govern
irecfs case. Getting d^wn to the argument
xiat the state, when an offence has been
consulted en state and federal territory.
ifeb&Sl prosecute, Mr. Wise said:
•Tie rr.ere fact that a libeller commits
a libel on state territory at the same time'
coes zcl =can that the prosecution should
i* Iz th<* stale territory for the offence
rf-r-rr.'tred en federal territory. In Massa.
j&BKtts a. libeller may be prosecuted for
fcbel to every county In which the libel is
cjrsslated. la New York only one prosecu
aca Tzzy be brought."
.-Cite =c a case of a crime In which the
rtite £.: nation have concurrent jurisdic
tion." Judge Hough suddenly interpolated.
It. Wise said that he could net do so.
lot said that an act might constitute two
tZtzces, cne against the federal govern
a#at and ore against the state govern-
defendant should b« eon
the court continued, "and
1 should be subsequently ln
toczei - ' tatty of New York, could
.-.-iction here as a bar?"
r.swered Mr. Wise.
. ttmX the intention of Congress
statute?" asked Judge
•^cessary that wo should
Judge Hoi^h, when Mr. Wise had con
duced, delivered his decision, and it was
tOßßrked tiat he read much of it from
BBBBScr.r:. He said:
The ccurt is relieved of much embarrass-
Etn: by ihe form of one of the motions
Trade. Tie jurisdiction of the court is per
emptorily challenged by the motion to
quash. Other motions have been made
wiuca will nor be considered. But inas
much as a decision under a motion to
quasi is now speedily re viewable by the
Jugtest Dcart. 1 shall dispose of the case
-.r.der thit motion.
Oae Question that has been presented is
vietiisr tie sending by mail or otherwise
b tit crcinary course of business of libel
'ions BKier to a place without the county
cr tiszxz of original publication consti
tutes a crime punishable at the . place of
liMpntlir* If Th»" <|i«6t!on t>e aoawvred
•xa lie afiimiLrlve, a further question must
. ru_ remain— ytt..- whether . if such place of
desi^ation be witiis the exclusive jurisdic
taa of the United States, the crime of
hbf! so committed is cognizable In the r.a
•jccal courts. ...... last question is the
broader one; it li peculiarly federal in Its
nature, and to that question alone the de
r.2or. about to be given is directed. This
ncicrniert is admittedly based upon the
tc: cf July 7. 18SS. taken In conjunction
■ttli the appropriate portiens of the penal
&v at New York then in force.
It r.a^ been admitted here in argument
repeatedly and cai^aot, I suppose, be de
tied, that the mere fact that by the same
act or series of acts crime is committed
f2pr-.za.ble by the courts of both state and
sation affords r.o reason for limiting the
Jcrisdictfon to try the offences committed to
•:ther tribunal. The offences may be pun
iirabit and actually punished by the trib
■sra's of both. Such may be and has been
ta many cases the result of the double ai
•sgiasce v,y every citizen, and the double
iXiwillj inherent both !n the separate
P£TIE ar.d In the sum total of what the
Chief Justice called an indissoluble union
* ladestractible states.
- The Question teen most material
whether it w-as the Intention of the frain
cs cf tbese series of statutes of which
*ie acr cf ISSS is the last, to instruct the
fecera: court? to take cognizance of any
■ad every offence cognizable by local
cur:cipal ia-a-. wherever such courts would
save Jurisdiction, if each United States
jjtoto Court, of the Circuit Court for a
F' - district could be regarded as a
f *jPt c: plenary state jurisdiction (on the
«&bal side i for a county consisting of
i~ *-=c natifmiil lands within the district.
■ It k^eis to rrx that this is a fair state-
EEtt cf the ultimate problem. To put it
ia another way, the question is this:
-x ibelovis inatr*-j here complained of
"?*.mET?G and published in the County
5 £*■ York. Therefore the state court
1,-^ in that county has jurisdiction. It
7? T ~°-- published in the County of Or
,C*?: Oxreton. the state court sitting in
-si ct-ur-ry iias jurisdiction.
-ut it was also -- -shed in the West
rc~t reservation, which is both In the
wwnji cf Orange and the southern dis
55 cf x-^x -^ York - and, therefore, this
■^ r.as jurisdictioa.
•to t.'-.e r-oposition that this can be true
' »= asvSlinc to yield assent until in
*|--"tt-(5 by r.igner authority. Most of th«
Tiff 5 c - ~ e on national reservations axe
J=a always have been guided and con
wnJed by the laws of the state in which
,f* JJgaraxiOßS are situated, and I feel
>*•■ the borden of proof is upon those
£Jo ass^rr that it was the intention of
***«•£ faj 1825. or at any subsequent
•~-e. u> ir.trust to the circuit and district
n-^ cf ti:e T - cited States the punishment
...lT^?'-" ether than those which were
ftSs 6esua a "-'i ended or primarily com-
S2 on s uational property. In my
tf¥r* tl Congress has never intended to
c^aore than this.
hL 1 * v-'-yv -'-y interesting history of legisla
m^.- r - which my attention has been called
W~*» aE Presented, to bear out this view.
-L,^_ .' Wo '-!d be idle vanity on my part to
'o<,^ th2r Trioez of the matter referred
m^LJ~* ?"- I =^ent has ever received my
i^- : STU!3v or attention. I am. how
"f^. c - the opinion that the construction
Between. New or ( & Philadelphia |
ho Vf*rg?TL/f COMFORT r°^J,^on to other trains. T*n minute
.j. '^^*W^ *^»— ~**^^"" gag!^r^^^^ y. f-r t* 1 * hour from \v*"'_L__- I^n__^ -^^_ L - ■
SA '"E T>^J "^ ■* nd nie ' m
Dlninr ears •" •• ij^nem on midnfrht trains. f
Tr" Tl r-, / ,h always aslr your
**en bavins 3 Waltham **£* fl£ / position
jzyveier fur oat adjusted to temperature <in j
of this act claimed by the prosecution la
opposed to the spirit and tenor of legisla
tion for many years on the subject of na
tional territorial jurisdiction.
It is a novelty, and the burden of up
holding a novelty is on him who alleges it.
I am the more willing to the conclusion
now evident, because this very interesting
question can be lawfully presented to the
Supreme Court of the United States, and
I am sure that the judgment of that court,
or the time of jurors be occupied in going
into a matter which could not, in my
judgment, it exploited with a question of
law of this kind hanging over it, be de
termined with any profit to the public or
any benefit to the administration of jus
It is therefor© ordered that a judgment of
this court be entered quashing the indict
ment herein, because upon the construc
tion of the statute hereinbefore stated the
Indictment is not authorized by the statute,
upon which it rests.
United States Attorney Wise said later
that he would report the decision to the De
partment of Justice at 'Washington. It
might conclude to take the matter to the
Supreme Court. From lawyers in the Fed
eral Building it was learned that It would
be urged probably that the case be taken
up for final decision, as many cases now
before the United States courts might be
affected adversely unless the finding by
Judge Hough was reversed.
In a dispatch from Washington it was
said that Attorney General Wickersham
had no comment to make, and would make
none until he had read the decision. There
was a report that he had intimated that the
case would not be taken to the Supreme
Court. He said that until he saw the in
dictment he would be unable to tell whether
it would affect other cases, or The general
enforcement of the penal laws of the states
in places subject to federal jurisdiction.
There are indictments growing out of the
same articles pendinsr in the District of Co
lumbia againft Joseph Pulitzer, two ediTnrs
ct "The World" ar.d Th<* Press Publishing
Map showing the subways of Paris which constitute the great danger to the city. The flood has filled the gre;
part of them with water, causing the caving in of streets. The solid black lines indicate the subways.
Company, and against the owners of "The
Indianapolis News." If these should ever
be brought Into court the law of the Dis
trict would apply. Tha owners of "The In
dianapolis News" have successfully resisted
removal to Washlngton.
Bilbao. Spain. Jan. 36.— A fishing beat has
been wrecked off the coast In the storm,
eleven men being drowned-
Ean Sebastian. Spain. Jan. 26.— A fierce
gale la raging In tills section. All the
mountain streams are greatly swollen and
many bouses have been Inundated.
*I>e Progres." a French daily, announced
yesterday that It had started a subscrip
tion list In aid of the victims of the floods
in France. It will publish dally the names
of all contributors to tr.e f.r.i.
CPhotographa by James J Hughes.)
Continued from first page-
are making their way to Paris. Exten
sive floods have occurred in Gironde,
the rivers continue to risp at an
alarming rate.
Although the River Marne was re
ported stationary at Fretesous, to the
east of Paris, the fluvial navigation de
partment declares that the volume of
water rushing down from the Yonne and
other affluents of the Seine above leaves
no hope that the high water mark will
b*» reached before to-morrow morning,
when the flood is expected to reach a
maximum of 31 feet, or a height greater
than was reached by the disastrous flood
of l*sO2.
At the same time the department ad
mits confidentially that It is impossible
to predict anything with accuracy, as
the whole of France is still in the grip
6t an unprecedented storm. Rain, snow
and hail are falling everywhere; the
coasts are stormbound, and ships are
Seeing to the harbors for refuge.
In the face of a national disaster
Franc* is giving a fine exhibition of
piuck and solidarity. Political divisions
have been buried and the government
and people united to solve the problem
of relief. Powerless to do anything to
conjure the rage of the elements, those
:n authority have devoted themselves
solely to the- work of rescue and of pro
viding shelter and food for the home
Every reserve of the government, in
cluding the army, was employed to-day.
Boats are requisitioned at all ports,
soldiers and firemen worked tirelessly.
Nevertheless, the Premier. M. Brian.l.
and the other ministers, who had not left
their posts for forty-eight hours, were
unable to respond to the appeals for help
coming in from every direct' on. Pro
vincial authorities received general in
structions to act on their own initiative
without awaiting orders from the cen
tral government.
The situation In Paris was not changed
appreciably from yesterday, except that
more street* had been converted into
;-c!'(,w canals, more districts evacuated,
a few more pavements had caved in and
traffic communication was more com
pletely paralyzed. One of the greatest
cu.n?es of alarm continued to be the con
stant rise of the subterranean streams
under the centre of Paris which flooded
cellars, undermining the foundations of
the buildings.
Whole streets havo teen roped - off -as
unsafe. All of the bridges over the
Seine are still standing, but traffic over
more than half of them has been closed.
The refuse of the city, which was car
ried off formerly in barges, is now lieing
dumped into the Seine.
Another serious phase of the situation
Is that Paris is becoming rapidly iso
lated, telegraph and telephone wire* be
ing "drowned or grounded." "Wire com
munication is failing in all directions.
I It is impossible to-day to communicate
i by telephone between the banks of
the Seine. This greatly crippled the
work of relief and the dispatch of prompt
succor. Only two railroads to the north
and west were operating directly Into
Paris to-day.
The wealthy Champs Elysees district
is without gas or electricity and some of
j the homes have no heat. Many of the
j residents are leaving their homes for
j hotels, which are crowded. The most
I deplorable situations In the neighborhood
I of Paris continue to be at Ivry and Al
fortviile. where the River Marne joins
j the Seine.
The Prefect of Police, M. Lepine. has
i taken up headquarters in that district
I and is directing the work of rescue.
After work through the night
with rowboats and autoboats the morn
ing: found more than three thousand
persons imprisoned in the second stories
of their house?.
Paris Is beginning to feel the pinch of
hunger. The supply of fresh meat and
vegetables is falling: and prices are soar
ing to famine figures. Some avaricious
bakers who attempted to double the price
of bread were roughly handled to-day,
and two of them were thrown into the
Seine at Charenton.
The Cabinet met in extraordinary ses
sion to-day and decided to open the Pan
theon, St.-Sulpice Seminary and other
former Church properties which es
cheated to the state, for th« shelter of
Five hundred sailors from Dunkirk,
Havre and Cherbourg arrived here this
afternoon to aid in relief work. The
water has reached the top of th« Presi
dential Tribune at the Longchamps
racecourse Six square miles of the
Bois de Bologne are submerged
Because of the danger to those within
Foreign Minister Pichon to-day ordered
the evacuation of the wing of the For
eign Office building which borders on th<?
flooded Rue de Constantine. All of the
active working departments of the office
were closed and the routine duties were
left temporarily in the hands of Min
ister Pichon and hia staff. The water
has Invaded the postorfice building and
forced the employes to flee.
Great sections of the French capital
are under water, six square miles of the
historic Bois de Boulogne being sub
merged, while the river Seine, sweeping
over its banks, has filled the subways,
inundated the Palais Bourbon, the For
eign Office and scores of the historic
monuments which lie along each Bid« of
the river.
This afternoon water began to pour
into the cellars of the Hotel de Ville.
The authorities now believe that it will
be possible to save all of the stone
bridges, the only fear being for the iron
Pont deg Arts and the Pont de Solferlno.
The Rue Royale. between the Place de
la Concorde and the Madeleine, the fa
mous church edifice, began to sink at 4
o'clock, and was hurriedly roped off. Sev
eral big fissures have occurred in > the
Javel region. The boulevard adjoining
the Pont de E^rcy and the street in front
of the Louvre Museum also began to
cave In. The flood Invaded streets are
filled with rowboats. the owners of which
demand fabulous prices for the removal
of furniture and valuable to places of
At 6 o'clock to-nieht the water had
filled the arches of the Pont de I'Arehe
veche and overf.owtr.g the parapet flood
ed the squares and streets near Notre
•""h.irenton. France, Jan. 26. — The flood
situation here is appalling. Ivry and Al
fortville are especially afflicted, their
streets being under five feet of water.
Sixteen thousand of the residents there
have been rescued, but twenty-three
thousand still remain helpless in the
Many Fatalities Reported in
Valley of the Doubs.
Chalons-sur-Marne. Jan. 2*. — Hun
dreds of persons have perished In the
valley of the Doubs.
A whole family was rescued by sol
diers in an auto boat after the members
had been swept from a raft and tne
father, holding a revolver above the
flood, was about to shoot the others and
kill himself.
Peculiarly Exposed to Floods in the
Seine — Vast Underground Works.
Two circumstances combine to place the
city of Paris peculiarly In period of floods-
Its situation and its vast system of under
ground architecture. Nor is this disaster
by any means a rare* one. Overflows of the
Seine have several tiroes assumed the pro
portions of widspread calamity. Not in
thirty years, however, has the flood proved
so serious.
The country in which the city lies is a
shallow alluvial basin, much of It like the
lower Mississippi Valley, below the river
level. Through this plain winds the Seine.
a concentration of several large tributaries
rising in widely separated mountain re
gions and uniting in the Seine above Paris.
It, therefore, takes comparatively little rain
or melting snow in the uplands to swell the
Seine to flood in Its lower course^ "When
there is an unusual rainfall, as now, this
becomes an uncontrollable torrent, already
greatly augmented by flood conditions at
its own source in the mountains of Cote
dOr Among these tributaries are the
Aube, Yune, Loing and the Marne.
From its mountain source to the city the
Seine follows a direct course, keeping to
its broad main channel. Entering the city,
narrowed between high masonry, it begins
a series of windings. Thus the concentrated
floods of all the wide drainage area in Cen
tral and eastern Franca pile up till they
leap over Into the low waterfront streets
of the city, flood and burst its sewers and
subways and undermine buildings. Add
to these conditions the numerous islands
that block the stream during its course
through the city and banks at its mouth
and the tidal bores that back up from
the sea. impeding the onrush in the chan
nel, and the conditions of disaster are com
The sewers of Paris, made famous by
Victor Hugo since the seventeenth century,
despite tlieir great service, have compli
cated f.ood perils. The city's foundation is
literally honeycombed, and under flood
pressure these vast tunnels burst and under
mine the foundations of the buildings. The
main sewers are eignteen feet in diameter
and the total leneta of this network of
... _[>■» »=» **» ■■.-•■ ** tJM*e tub«B also con
tain water conduits, pas pipes, telegraph,
telephone and power wires, and the pneu
matic postal tubes, the effects of a bursting
sewer are ereatly complicated.
Another phase of underground Paris is
the Catacombs, extending under a consid
erable part of the left river bank.
A modern addition to the underworld and
the part In which there has been the great
est flood damaee at present is the subway
system. This began with the opening of
the Metropolitan Underground Railway in
1900 and has been continued till the city
has been interlaced by a network of tun
nels. The main line runs east and west
through the centre of the city from the
Porte de Vincennes to the Porte Maillot, a
distance of seven miles. Another more
northerly line from Place de la Nation to
the Bois de Boulogne makes a loop of eight
miles. The new line under construction, in
which there have been bad cave-ins during
the last week, extends under the Grand
Boulevard, from the Place de la Concorde
through the Rue Royale to tne Place de la
Bastile. and thence across the Seine
through the Boulevard Saint Germain to
the Chamber of Deouties. The Orleans
Road also enters the cit^ by subway.
Paris altogether covers 20,000 acres, of
which the Seine ocruDies 1.760. The river
averages two hundred or three hundred
yards in width and its length in the city
Is seven miles. Paris at its lowest levels is
only eighty feet above tidewater.
The uresent flood began with heavy
storms on January 17. Besides Paris, the
towns of Billancourt,' Argenteuil. Asnieres,
Sevres. Meudon. Lille. Chalons, Troyes
Montereau. He Saint Denis, Ivry, Vitry.
Maisons-Lafitte. Argenteuil. P<rssy, Tours
sur-Marne. Juvigny and . many others are
severely affected.
Great Damage bji Flood* avd
Hurricane in Italy.
Rome. Jan 26— The weather has been
stormy throughout Italy for several days,
causing considerable damage. The storm
here to-day was especially violent. The
Tiber rose forty feet, flooding the country,
while many tr^es and -a-alls were blown
down, a number of persons being injured.
Along- the Mediterranean ooast the dam
age i? even more serious. Several boars
were driven ashore, while the steamer Ad
miral, havlr.? :he Duke and Duchess of
Connaught on board, has been delayed two
days at Naples, owing to the hurricane. In
the south there have been serious floods
and many earth shocks have occurred.
Driven by the hurricane, the sea at
several points lias destr^ved the streets
along the harbor front a: Naples.
Continued from lint pec*-
talk about the exclusion of the National
ist seats from the reckoning
In the course of time the Unionists
and Nationalists are likely to be found
voting joyously in the same division In
the lobby against the government and
insisting upon having everything Celtic
being counted. Indeed, with seven in
dependent followers of Messrs. O'Brien
and Healy in the Irish party there may
be a revolt against Mr. Redmond's rule
when the budget comes up.
The Prime Minister's majority in
Scotland was increased more than 40
per cent, and Mr. Haldane's slightly re
duced from lack of personal canvassing.
Lionel W. Rothschild's majority was Im-
roved for the Aylesbury division, where
his father's influence is strong.
Lord Rosebery's younger son has a
strenuous fight in Cambridgeshire to
day, with a bare chance of escaping
Harold Cox's fate. Nephews -of Cham
berlain and Disraeli are among the
struggling candidates.
There are premature rumors to-night
of the Lord Chancellor's retirement on
account of failing health and ihe trans
fer of Mr. Haldane to the woolsack va
The Home Office may be filled either
by Lewis Verncn Harcourt or Herbert
Samuel, unless Mr. Churchill becomes
the Secretary for Ireland, and a refuge
is necessary for Mr. Birrell.
Partisanship remains at white heat,
and with politicians of both parties dis
appointed In the general result and in
terpreting it with passionate earnest
ness their own way, the influence of a
peacemaker is needed for securing the
passage of the budget and for constitu
tional construction and repairs, and
there is only the throne with an open
mind and untainted wtth partisanship.
I. ■ F
[By Th« Associated Press.]
• London. Jan. 26. — The combined strength
of the Liberals. Labor and Nationalist coali
tion has reached 345 to-night, or more than
half the number of members of the House
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of Commons. A Unionist gemrommtt.
therefore. ' Is out of the question, and th«
only point still undecided :is thm «M*
strength cf the coalition majority. ' Bat mm
an Independent Liberal majority '•* •tjnaJly
out of the question, only a. short Hf« en I*
predicted for the incoming covernnaent, sad.
a.« a matter of fact, both the Liberal and
Unionist parties are looking away treat X2im
present struggle -•- -- net distant future
when the conflict at ■■ poffin* booth* wtU
be renewed.
The party organizers hay» already b««tt
instructed to keep up unceasing vigOMam,
and to be prepared for an app«*l to Q*m
country at any moment. There Is no doabe
that the success of the Conservatives &•*
been largely due to the constant educa
tion of the agricultural population in th«
virtues of tariff reform, and this education
will now be carried Into the northern coun
ties and Scotland in th« hope of winnin*
those territories at the next elections. Tha
Liberals, on the other hand, will concen
trate their attention on educating the us««
try on the questions of free trad* and the
limitation of the veto of the House of
The first serious suffragette <Hstn^3ar.c»
during the elections occurred In Mr._ Am
quith's constituency to-day on the declara
tion of the polL Several attacks -»er«.
made against the Prime Minister, but b*>
escaped .' .- - police -•■».-.
MOTHERS should teach
their little ones the daily
use of some good dentifrice
and by so doin°: spare them
much pain and annoyance
Dr. Lyon's
Tooth Powder
cleanses, preserves and beau*
tines the teeth, prevents tooth
decay and imparts purity
and fragrance to the breath.

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