The sun., 1873-07-18
TIE ATTEMPTED OUTRAGE.
COMMENTS or THE PRESS ONJUDGE
BLATCHFORD'S DECISION.
Tho United state. vs.. Charles 4. Dana.

Tho United states vs.. Charles ~ Dana
From ne BrooIivn E,0ie.
/ great occasion found a man ready for
| II Yesterday. The occasion was presented nv
the suit o. which the title Is also the tue ~ ms
Of the United States District Court for the
Southern District OF New York. what maze
the occasion great was this question Could
| tharles A. Dana he taken to Washin2ton, IN
stead Of being kept in New York, for TRIAL ~ n
an alleged libel he Is charged with committing
! in THE suN, whereof he Ia editorr In that paper
have Appeared Articles assaillng the ,chsriae'er
| of Henry ID. Cooke, "GoNernOr of the Dstrltt oi
| Columbia" and Alexander X. Shepht rd, " Presi-
| dent of the Washington Paving COMPANY. lhe
| United States became the plaintiff In q g case,
| because these men preferred TO hrinL crlulllu
| suit through the prosecuting authorities rather
| than a civil suit on their own resp9nsibl Nv;
| THE Police Court of the Di-trict Of Colunhia.
II was established by act OF Congress ot June
| on tho ninety-nfth anniversary of the battle Of
Bunker hin. And by this process was 1t
| prised Judge. appointed 10y the Presi;
dent and confirmed hy the seh'Ie' @ anu
given Juri,diction over all offences, not capital
| or Infamous, against tho United states ana DS,
| tricl Of Columbia, the Judge alone To- ne ,r ahd
| try eau rs without any jury Al eli. mat Judge
! L. a creature ot the President and tnngrrs'.
sitting In the Federal capital, ne has legal arm
long enough to search Out ctthens IN any STATE,
dra., them before him, and Is pruhibtcd, actual
/ ly prohbitcd from trying tuem bY Jury, All
! that e convicted freonitn could do would be o
| appeal to higher court, aud thus elect To- viu-
late tho Cons tuition " the United states
! by putting himself twice in jeopardy tor
! tue same OICuuc. A~ sail, THIS Iultrc
! Court Of the District Of CuiumbiI received,
In the name of the I nit Il states, the complaints
] Ot oncphtr ri aud Cooke .uIn,t flr. Duu tn
! appeal the question came before judge batcl-
! fora Yesterday. Jud-c Bat hioru dccidri Nitn
| v"hcWcucc thLt " au cut rely satisfied thut !
caunOt grant this warrant. Ih' act OF Com
rtess crcatiul this court utterly void and uu-
coust itutiondl. aud tHciciutc ucci ne Co. grant
/ 10. H. &. wei known that uucls have always he Il
tried hv jury. Therefore, ~ far as IAN uud r-
stand, II o. imp 1ssiulc. uulC-- over lee the
Constitution ut the Oni'cd states. AMI violate
NV oath of office, t. giant the warrant asked Tor
n. this Cusc' ln.o the pers snntl aspects Of this
ct~' 10 i not nee ed t. 80. lt is known 'hu
| tue Ring Court at Washing On was rei,cd u.iin
to"siup the critics ui piundrr ami outrage. IT
| "a known thdt the Jurie' ut W ts an Ion can re
50 chosen a. t. convict any cratic wnom the
lhng fears, or hates, or oven disre shes. II w,s,
OF all tntuss, most fortuna . thit - htsh a We
tim ds Nit Dana WAS struck At. lie u a modest
man. but he towers TAR above our " great Govern
| ment' In this business - which GOyetnmen',
| OH era have sub-ct themselves to tnoir disgrace
| and defeat.
From u, Ereptog E,prs.o
There was PROMPT WORK In the United States
| District Court on Wednesda,, when, aiier tie
, hearing Of 'r. Bartlett, judge Batrhford said
/ very decidedly, and fpr moment amid the un-
/ checked auI prolonged appliance OF the listen
ers, am entirely satisfied that | cannot grant
this notion adding, lit needs no authority 20
I convince me tuat the Constitution cXprc s'y
/ provides tuat the trial of the whole crime
chaigod shall be 10y inr and u i- impossib i"r
prnva everywhere beyond the circle oi those
who would drag the accused before courts
me pn,cd 'Hsdow 7" Tse 81 party a11 s1oc5
/ of the press This h not, therefore the case Of
one editor or one journal. but Of the right Of tie
/ people dgainst abuse Of power =. Of corruption
! power has ueen Disputed 10y men represent ed l. Y
tue bhsse- and p.Nenpurts, tue appo.nte ana
| of a higher grade, world he ashamed ~ the
work IN which tney are englgcd, for. whether IN
tins ctl, at thc state Capital or IA act. chialia'-
ing from the Federal capital. they are against
| bopulAr r-Lt and JIst administration, and al
! tion. II the President, WHO was IA t'wh to hedr
tue result, an stand tuts sort of defence. can
thC press aud the people mad refuge under a de-
! CisIun when recognizes Justice and the true
! Intent ana meaning OF the Federal Constitution.
From the EosfoH Dlfy Giob,.
II has been pretty clearly settled by the deci-
T SION - Judge httrhinrd IN New York yestcr-
day, HAT the authority Of the Police Court It
, Washington u neither 50 eNtenIed nor lncnr-
/ troNerlUlc a. anIinbcrut GUNer.Lnent officials
| had SUPPOSED. Not only has It's formal been
| shown to Dc Unconstitutional, but the authority
which those Interested In tue libel suit against
! Cla',.., a. Dana sought to endaw it wi. A mas
beeA demonstrated to he at conflict with one
| father, lett 10 u-. Had ST. Shruhcr rd succeeded
ia gduiui al point, NJ. Dana would have been
compelled 10 70 " Mlshiu ton and have the mcri :
oi case IN which hi- property is largely III
magistrate who, - ne il associated with tie
plHuaI IA oilce, may he supposed to be not
. MuOliy free from some iccllu- On the subject.
! IL H. not pleasant tnluc to think O., and Mu, "a
more % saN but We are forced to add mat the
ccr,ed scheme to hrkc down cvilence II pib.
| u misdemranpr. In Washington and In New
, Prosecution who are almost notorious as party
7 managers ami sirewd politicians Ihcy have
sSto, 'M ai m d 6i1,ers, crs% 6th U IN" "ug wgd e % %
cuit To explain IN any other way.
Fou. ne II lrrDt ttrg ,Itt,aJ PiJio.
Judge h.atchford YESTERDAY knocNoo ne pins