New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-17
JUSTICE TO THE PRESS.
WASHINGTON POLICE COURT JURISDICTION
NOT NATIONAL

| NOT NATIONAL.
J IMPORTANT PROCEEDINGS IN TIRE DANA LIBEL CAoh
ARGUMENTS or DfsrRcT-ATTORSEY BLISS AND
| WILLIAM o. BAPTrFTT-JUDGE BIATcHFoRD RE-
FUsRs TO RxTRADTE MIR. DANA, AND RELEASES
HIN on WRIT or HiBEAs CORPUS.
Yesterday being the day set for the argument in
the United States District Court before Judge
Blatchfold Of the important question whether
! Charles A. Dana the editor OF Tie Sun. published
in this city, could be legally sent to Washington
to be tried by police court Tor an alleged libel,
printed in that paper, on Henry ID. Cooke, tho
Governor Of the District Of Columbia and Alexander
| d. shepherd the President of the Metropolitan Paw
! ing Company Of Washington, the courtroom wes
! filed with lawyers, many Of them prominent ones,
! and with the personal friends Of Mr. Dana, who
plainly eyinced their deep interest in The proceed
! ngs and the repeated, and for time uncheckef
applause, as Judge Bia.chiord pronounced his de-
cison refusing to order Mr. Dana 10 Washington for
trial was such as was perhaps never before heard
| 10 any courtroom in this city.
George p. Fisher, the DIstrict-Attomey for th,
District of Columbia, appeared in the interests of
Messrs. Shepherd and Cooke and United States
District Attorney Bliss assisted by Assistant Attor
ney-General Richard " Harrington. represented
the Federal Government. In whose name The lbet
suit against Mr.. Dana was brought on the grounf
that it has the exclusive right to appear as plaint
in all criminal cases. the causes of action IN whcr
! are supposed, enormously or otherwise, to ha,o
or ginated in the District OF Columbia.
William ID. Sbipman, ex-Judge OF the United
States Circuit Court for the Southern District Of
New-York, and William o. Bartlett argued aganss
the right Of the Government to drag Mr.. Dana be-
fore Washington Police Court to be tried for bis
alleged ofense.
After hearing motion in a patent case, and TAX
i'm aa1,ort Tutlp teh <
Mr. Bliss opened the argument on behalf Of the Cow
eminent as follows:
ARGUMENT FOR THE GOVERNMENT
This before the Court to-day motion
TO order the removal Of the prisoner TO the District
OF Columbia. II appears that on June %, A. B.
Williams before Commissioner Davenport anl
made ns complaint under Oatn, alleging that Charles A.
Dana published, i'm the District OF Columbia nDoe
against Alexander ID. Shepherd, the libel being
a charge OF perjury his Nlr shepherd,I
part, and also charge OF corruption in ofhe"-
Filed with the complaint certified COPY OF tho
information which had been fled In the Police Court q
the District Of Columbia by the United States Attorne
Of that District and which substantially the form Vt
an indictment against Mr.. Dana for llbel alleging ~
publication in the District OF Columbia. Upon IT,
arrest the prisoner appears by the papers that hs
demanded examination and was discharsoi upon his
own recognizance but the next day he was committed
the custody Of the United states Marshal, TO be By
him held until thIs Court should order his removal 90
otherwise deal with him according TO law. The appe-
ton, Honor Of course aware, u under sect4oL
80 Of the Statue OF 1853, which provides
For any crime oense agaiDs. the United states ths
offender may, by any Justice or ylds; OF The Unltrt
states, or BY Jusuce Of the Peace other mag-
trato OF the United states where he may be foun.
agreeable TO the usual mode Of process against offenders
in such state and at The expense OF the United states -
and imprisoned, baed n the ease may be,
trial before such court OF the United states as by ths
has cognzance Of the one, and copies OF the process,
shall be resnrSed ss spesaS as my Ss INC e Sf
the magistrate before whom the examination shall
be- may require them IN pain Of imprisonment and x
he red h sa be- the duty of the jude OF that distr
where the delinquent Is imprisoned sesonaby 70 issue
and Of the Marshal Of the same district % execute.
witnesses, or either OF them, the case may
| be, to the district IN wuca the trial Is To
cases es hq 5a sh nd be- SOn admitted except where tie
punishment shall be deatu in which case II shall 10
or by Justice OF the supreme Court Judge Of tho
District Court, who shall exercise their dscretlor
therein regarding the nature ami circumstances OF no
ofense and OF the evidence and Of the usaS OF enc law.
Court Judge OF District Court for an odelse ng5
punishable with death. shall afterward procure Dali.
there be Judge OF the United states ID tnc district
take the same, 10 may be taken by any Judge OF tie
Supreme or Superior Court Of law OF such state.
It's in evidence before the Commissioner that the
warrant had issued by the Police Court Of The d.
trct Of Columbia, and ask therefore, that the prs
oner remandcd that tribunal for trial That tribu-
nal was established by the Il, 1870 IN which
it was enacted,
That there shall be established in the District OF Co
lumba Court, 70 be called thc Police Court Of the D.
trict Columbia which shall have original ana excu:
sye jurisdiction over al Oheuses against Tue United
states committed in the District OF Columbia not deemed
capital, or otherwise infamous cr mes t ~ 'It oFtr
simple assaults aud batteries, and All other mSdcmean-
ors not punishable ny lmRnoAISnt sg tT5isen,
OF the City OF Washington the CITY OF GEORGETOWN. Ia
shall be composed OF one Judge, VINO shali Toe man
learned In the law, and who shall Do appointed ny TIE
President Of the United states by and with the advice
pF fHa Nft hgII
the term of six years Before entering upon Inc dunes
OF bis office he shall take the oath prescribed for Tia
And 1t Is further enacted: Proceedings in the City
Police Court snail be by Information under oath or n-
party deeming hinsel aggrieved by the Judgment II
saa ne b y n aPg Co 1f of th % .. oo9
bia aud IN such case tue plea sla be ltea on tLe i
formation ned In the court below certified 20 s@id
criminal by jury attendance tnereat II the
case had originated therein
NATIONAL POLICE COURT
This gives the Court jurisdiction over all mlsde-
meauOrs which not by statute punishable by mprs
onment in the Penitentiary. Libel Is msdemeanor.
and Is not punishable By Imprisonment tue Peni-
Tertiary therefore Court has jurisdiction OF pros
eeution libel. The District OF Columbia is as is well
known, peculiarly situated I is governed solely by
the United States its aud It's officers exclu
svely officers OF the United States and the Courts of
the United States have jurisdiction OF all oenses
mted therein, not being is the case elsewhere,
fined by the Constitution and the laws 70 limited class
OF oenses BY the Constitution Congress has exclusive
jurisdiction over the District Of Columbia as
was held In the OF the United States
against Hammond. BY the Act Of Feb a. IsOI 1t Is en-
acted that tho OF the States OF Virginia aud Mary
land as they existed cession 70 the United
States should remain In force In the District OF Coluu
ba BY the of March 1884, Section u.s. it is proy
ded that all msdemeanors, except therein
mentioned OF which libel ~ not one, "shan be punishable
heretofore :; and by Section Is Of the Act 10