The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-06-25
senator Carpenter Explains the AMI.
,V mus OF lhe Press Gag Law. rl.

NEW YORK, June A.--SenRtor Carpen.
ter publishes here this reply about what
has been styled "Carpenief's gag law
and says an accurate statement In regard
to this matter will satisfy every journalist
who respects truth, and viii dlminieh the
force OF Vituperation uttered by. Chose ol
the profession who don't.
In the course Of O review oi the law and
lie several sections, the Senator writes
"Why the general lava should not apply
10 The District OF Columbia aS, well ~ 10
the Territories Is not perceived, or why
any capitalist OF New York or Boston
carrying on business by an agent IN this
District should have greater objection to
coming here for trial than 10 going to
Idaho or Wyoming Is not very apparent.
Bot the great objection 10 that Ii applies
to publishers 10 well as to merchants, me.
chanics, manufacturers and all other bust.
nees men. Now TO this ] reply that the bill
has no special application 10 publishers
It deals'with all men alike, and they who
make this objection oughtt to show upon
what ground the publishers can claim ex.
ception to the laws which bind every
body else. They seem 10 think they may
be sued In Washington Tor libel. Well,
why should they not be II they commit
that injury by IN agent In this Dis
trictp The law OF libel Ia no more unla-
yorable 10 the press than tho statute
against larceny Ia untriendly TO the peo-
pie. One perplexes thieves and the other
liara; but neither 10 the terror ol honest
men, and this bill Is no more Injurious 10
publishers than every law must be which
looks TO the impartial administration oi
justice. While the bill was under con-
Alteration In the Senate q Democratic
senator moved 10 amend the 11th section
so that It would not apply TO any suit for Il.
bel or slander. Here proposition was di.
teclly presented TO exempt one class oi
citizens from the operation oil the general
law and declare immunity In favor Of libel
and slsnder. Every Democrat who voted
upon the proposition sustained II. The
reason Tor this Is quite obvious. The chief
occupation Of the Democratic press to-day
Is 10 compose and publish libels on the
party In power, and any encouragement
given to libel and slander would be
lhwarting the means by which the Demo.
cratic party hopes TO overthrow the Re
publican party. This proposition was de.
leated by the votes Of thirty-three Re
publicans, and the motion TO strike out
The whole l1th section was also defeated
by vote Of 16 yeas to 40 nays, and on the
passage Of the bill 80 Senators voted eye.
Senstor Carpenter thinks that under
the circumstances he should not be singl-
ed out for special criticism. The general
operation OF tho law the Senator illus
trates as follows: Suppose manufacturer
OF carriages in the City Of New York
establishes house in Chicago Tor the
sale Of such carriages and his business
there Is managed by an agent The
agent sells carriage with false warranty;
under the provisions OF this bill suit might
be brought In the federal court Of that
State and service be made upon the agent
there and upon the principal In New
York. Is there any Injustice In this
Should the party who has been defraud-
ed be compelled to take his witnesses 10
New York for trial; is 1t hardship to
provide that suit may be maintained
where the transaction out Of which 1t
arose was had; Is there any injustice In
providing that an sgent sent 10 Chicago
TO transact business shall be considered
also an agent iu regard TO the suits arising
therelrom. Under this section process
can only be served upon an agent who
was such In respect TO the very transac-
ton ont OF which the suit arises. II
New York capitalists chooses to do busi-
ness by an agent in the Western States.
why should he not submit to. the juris-
dictlor oi the court where he has an
agent to transact the very business out oi
which the suit arises, as he would have to
doit he carried on the same business
there In persons