The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-19
TO MERCHANTS AND BUSINESS
MEN,


Under the innocent title of I" A bill to de
termine the jurisdiction of Circuit Courts O.
the United States and to regulate the re
moval of canses from State courts, and fol
other purposes" Mr.. Carpenter sprung upor
the Senate this afternoon and had passed &
bill, one section of which reads as follows:
That process to commence, in any circui,
court of the United States, or in any court
of any Territory of the United States, or OF
the District Of Columbia, any civil suit not
affecting the title to real estate not within
the State, Territory or District where said
suit is brought, against any corporation or
persons residing in the United States, and
, doing business in the Territory Of the Dis
trict where said suit is brought, and having
in said State, Territory or District where
said suit is brought an agent or agents in
respect of the matter out of which the case
arises, may be made by delivering to such
agent or to either of such agents where
there is more than one a copy of such pro-
cess, and such service shall have the same
force and effect as if made upon the prin-
cipal of such agent in the State, Territory
or District Of Columbia, where the suit il
brought. Provided. however, that this Sec
ton shall not apply to any suit or cause
Of action accrning before July l, 1874.
1t will be seen from the above language
that if any merchant or manufacturer has
an agent or salesman passing through Ala
bama, Louisiana or this District, all that
is necessary to sue such party before Judge
Busted, Judge Durell, or the judges Of this
district and the juries Of such localities, is to
serve process on the agent or salesman of
the merchant. The mel chant must then 90
to the expense and trouble of standing
trial in distant commul ity, and incur the
risk of defending himself in the United
States COu: is which perhaps may be reek-
ing with corruption, malignity and inIamy,
and where juries can be readily packed upon
him.
NEWSPAPERS INTERESTED.
Such is the legal effect Of the section upon
the trader or manufacturer, but it is gener-
ally believed to have been passed with
special reference to the leading newspapers
and their correspondents in this city, in Or
der to suppress the freedom of their criti-
cisms npon the leading members of the
dominant party, by carrying libel suits
against them into the courts of this District
where the result of such suit can readily be
predicted.
In rising to oppose the passage of this
bill, Mr.. Bayard Of Delaware, Mr.. Wadleigh
Ct New Hampshire, and Mr.. Thurman Of
Ohio, exposed the hidden meaning of the
section above quoted. Said the first named
gentleman: Every great newspaper has
an agent at the National Capital, and great
many of our journals maintain correspond
ents in every important city in the country.
Now, to suppose case: The editor of a
newspaper in New York, or one of his agents
at Philadelphia or San Francisco writes and
publishes an article about a person, Senator
Carpenter, for instance, who resides or is
in Washington, and containing
matter which Senator Carpenter considers
libelOns.
Now instead Of bringing suit against the ed
itOr or responsible owner Ofthe paper at New
York, all Mr.. Carpenter need do, should this
bill become a law, in order to commence his
action for libel is to serve a process on the
papers correspondent or agent here in
Such process, says the bill,
shall have the same force and effect as if
made upon the principal of such agent in
the State or Territory where the suit is
brought. The intention Of the section is
simply to intimidate correspondents and
abridge the facility Of the press.
Mr. Bayard denounced the bill in un-
terms, especially the section
quoted, to which he offered an amendment
providing for the exemption of editors and
from its action. This
amendment was defeated and the bill
passed. The bill is the handiwork of Sena-
tors Carpenter and Conkling, both of whom,
IS is we'll known, have reason to complain
Of the unceremOnous manner in which
great statesmen are sometimes overhauled
BY the press. Both have frequently ex-
pressed themselves in favor Of q national
libel law.
Butler has introduced q similar bill in the
House Of representatives.
AZ r