The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1874-07-08
The Courts and the Press.

The law by which certain Congress-
men claim that they have secured a
strong curb on the press is short act
of about dozen lines as follows:
Be it enacted, etc.:
Sec l. That the Criminal Cour.
of the District of Columbia shall have
jurisdiction of all crimes and misde.
meanors committed in said District,
not lawfully triable in any other court
and which are required by law to be
prosecuted by Indictment on informa.
ton.
Sec. 2. That the provisions of the
thirty third section of the Judiciary
act of 1889 shall apply to courts created
by act of Congress in the District OF
Columbia.
The bill passed the House without
debate, under an explanation by Mr..
Poland, who reported it, that it was
designed to settle questions concern
ing the jurisdiction of the Police
Court. These have been questions
much commented upon throughout
the country. No attention was attract
ed to the second section, and no ex-
planation was given Of its purpose or
necessity. The result is that both
the Police Court and Criminal Court
have been given process that runs
throughout the United States for all
cases over which they have jurisdic.
ton by the laws of the District The
thirty-third section Of the act thus
made applicable to the Criminal Court
is as follows:
Sec. 33. For any crime or offensc
against the United States the offender
may, in the discretion of a justice OF
judge Of the United States, or by any
justice of the peace or other magis-
may be found, agreeably to the usual
mode of process against offenders in
such State, and at the expense of the
United States, be arrested, imprision-
ed or bailed, as the ease may be, for
trial before such court of the United
States as by this act has cognizance OF
the offense; and copies of processes
shall be returned as speedily as may
be into the clerk Office of such court,
together with the recoenizancc of wit
neses for their appearance to testify
in the case. The magistrate before
whom the examination shall be may
require appearance on pain OF i'm
prisonment. If such commitment of
offender or witnesses shall be in dis
triet other than that in which the Of
tense is to be tried, it shall be the du-
ty of the judge in that district, where
the delinquent Is imprisoned, season
ably to issue, and of the marshal of
the same district to execute, warrant
for the removal of the offender and
witnesses, or either of them, as the
case may be, to the district in which
the trial is to be had.
The rest of the section relates to
matters of giving bail. It has been
decided that this section gives power
to arrest for ofenses against the Uni
ted States in general terms, so that the
warrant of ajudge or justice of the
SHitcuhCtdtCS y 10 uOt COHAucu ~ uIo
particular district or circuit. but that
it will run throughout the United
States. 1t has been further decided
that this section does not limit power
to arrest on warrant from another
district to pass in which by the law of
the State where the warrant is served
a person might he arrested, but simp-
ly that the process of arrest employed
in such State must be followed by the
law of this district. Libel is misde-
meanor and criminal offense by the
act just passed. An editor living in a
State where libel is not criminal Of
fenSe may be arrested and, with all the
witnesses required, be brought here IN
arrest or under bail, and tried under
a law which may send him to the pen
itentiary. tits not necessary that the
article complained of should originate
here, but only that the paper should
be circulated here. In short, the new
law is fer editors, and not correspon
dents, as the latter were, by laws oI
the District already existing, liable a
any time to answer in a criminal sui
for libel; but as the defendant mus
be discharged in such suit if the trutl
Of the alleged libel be proved, nc
careful correspondent could be mucl
annoyed. 1t is now thought by som,
Senators and Representatives, tha
when it is ascertained by editors tina
they can at any time be put to tn,
trouble and loss of time incident t.
being dragged here to await the sloy
moving Of suits, with portion Of tn
force Of their Offices as witnesses, tina
the press of the country will be les
eager to expose the shortcomings O
public men.
The symptoms OF returning conf
dence are steadily multiplying. The