The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-21
DespotIsnn b. Law.

DespotiSn b Law
From tho N. Y. POItl
Whether Mr.. Charles A. Dana, the ed
ltor Of the Sun, has committed libel up.
on some Of the public officers Of Washing
ton, Is a point upon which we have no
opinion To- give. BE has accused them IN
his paper Of q misuse Of the public funds
In their hands, and he assumes TO speak
from actual knowledge. II the statement
bo not true he is liable to punishment;
but where he shall be held TO answer Tor
that crime, il one has been committed, Is
a question which concerns not him only,
but every citizen OF the United States, and
especially those to whom Is entrusted the
assertion and the exercise Of the liberty OF
the press.
The local police court Of Washington
issues writ for the arrest OF Dir. Dana,
and sends its officers here to take him to
that city for trial. The ground is that he
has committed an offence against III
laws oil the District; that the offence was
committed in the District inssmuch as his
paper Circulates there, and that the trial.
therefore, must be held In Washington.
Whether this be good law or not will be
decided by Judge BlatChiord when the
case comes before him tomorrow. 1t is
question of practice and OF the jurisdic.
ton Of District Court, and on these
points the public will be quite as well
satisfied, perhaps, with the opinion Of
Judge BlatChford as with that Of that 9th.
er eminent legal authority, Mr.. Commis-
missioner Davenport. lie, indeed, was
in no doubt about it whatever, and was
ready apparently TO put Mr.. Dana in
handouts and bundle him, neck and
heels, into Washington Jail 10 await his
trial.
But il there really be any statute by
which this can be done, then the sooner
we know it and the sooner VIC grid up
our loins to enter into contest against II
the better. 1t is contrary to common
sense and common justice and common
law, and Mr.. Dana's case becomes, III
there is any such statutory power, com.
mon cause with every journalist in the
country who cares for and means 10 exer'
else the right of freedom Of speech on
public affairs and public officers.
/ Whether any such freedom exists In
Washington or not, where the press is in.
fluenced and controlled by the federal
government, it Is manifest that 1t will ex.
ist no longer anywhere else, except under
liability to pains and penalties, il 1t shall
be decided that any alleged libel is 10.
cal crime in the District Of Columbia pro
vided the paper CirCulates in the District,
no matter where it is published, and that
its editor Is subject TO the jurisdiction Of
the local courts, and may be arrested any
where and taken there for trial. There
Is not q paper Ofany influence and cAarac.
ter in the country whose editor NAV not
under such law be taken to. Wash
ingtOn for comments, which his duty
as Journalist demands, upon the nc.
ton Of Congress or of any officers Of
the government, and brought before tri.
bunal where lair trial is impossible and
conviction certain. II Mr.. Dana shall be
compelled TO appear before the Washing
ton Police Court and Washington jury
TO answer for charges against certain
Washington lunCiionariCs, any Of us may
be cited to appear on the complaint Of
some member Of Congress for libel in the
matter of the Credit MObiier or the back.
pay population, or hundred other things
which have. been for months past the sub
ject of public comment The use which
would be made 70 such a pOWGritis easyl
to foresee; that it would be d6ff6d and re. |
sisted we know; but that it would new
ertheless he a severe blow 10 that news
paper comment and Judgment which Is
about all that the average Congressman
and the average Washington offlceholder |
breads, is equally evident,
The power Of influencing public affairs
by the exercise Of perfect freedom Of
criticism is, we believe, conscicntiously |
used by all respectable Journalists. For
their words they are willing at all
times, We also believe, 10 answer be-
fore any impartial tribunal. But they
will insist upon being tried where the al
legged offence is committed, in that COM
munity where those words arc published,
where their characters are known and
where Justice will be done them without
fear or favor. If Mr.. Dana's case shall
be made precedent whereby we are
liable 10 answer before a Washington |
police court and q Washington Jury for |
every exercise Of the right Of liberty Of
speech In any State Of the Union, we
shallhave at length one question on which
the press OF the whole country, outside OF
tho District, will be united. s-