Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1874-07-04

WI" P'o'o SIipus cuTU on the
press. 1t reads as follows:
That the criminal court of the
District of Columbia shall have
jurisdiction of all Grim cs and mis-.
demeanOrs committed in said dis.
trict, not lawfully trn.d in any 9th
or court, and which are required by
law to be prosecuted by Indictment,
on infOrln0'.lon.
oecom., that the provisions ofthc
thirty third section of the judiciary
act of 1889 shall apply to courts
cT,ated by the act OF Congress in
The District of Columbia.
BY the above act an editor living
in a State where libel is not the
criminal offence may be arrested
and, with all the witnesses required,
be carried to Washington, on arrest
or under bail, and tried under law
which may send him to the pcnitcn-
tiary. 1t is not necessary that the
article complained of should origin
ate in Washington,but only that the
paper should circulate there. The
new law is for editors, and not cor
respondents, as the latter were, by
the laws of the district already eX-
listing, liable at any time to answer
in criminal suit for libel, but as
the defendant must be discharged
in such suit if the truth of the al
legged libel he proved, no careful
correspondent could be much anoy-
ed. 1t is now thought by some
senators and representatives that
when it is ascertained by the editors
that they can at any time be put to
the trouble and loss incident to
being dragged to Washington TO
await slOw-mOving suit with u
portion of the force of the Offices
as witnesses, that the press of the
country will be less eager to expose
the shortcomings of public men.
But they are greatly mistaken.-
Such laws may intimidate editors
and correspondents in France and
Spain, but in the United States legis-
latOrs have made but little head
way muzzling the press, and they
never will.
The Boston Journal comments
upon this law as follows:
1t is rumored that the mysterious
legislation of the closing hours of
the Congressional session discloses
even worse action against the press
than was charged upon Senator
Carpanter's bill. Under the guise
of depriving the Police Court ofthe
District of the power it claimed over
the press of the country, Mr. Po-
land reported bill at Il night SEES
sion, which passed without debate,
that takes this power from the Po-
lice Court and tranfers it into the
Circuit Court, and then, in a second
section,by making the 33d section
OF all old act of 1889 apply to courts
created by Congress in the District
OF Columbia, makes it possible to
beglu suit for libel against any
editor of newspapers anywhere, ar
rest him by warrant of the court,
Justice of the Peace or other mag
lstrate, and bring him to the Dis
trict for trial, all expenses paid by
the United States. Mr.. Edmunds
and Mr.. Frelinghuysen managed
the matter in the Senate. 1t is hard
to credit these men and Judge Po-
land with connivanct in a scheme of
this kind, but the fact will soon be
cleared up. There was certainly
bad animus evinced toward the
press in both branches of congress
at the last session, which we should
be glad to be assured did not get
embodied in legislation in any form.
Judge Poland writes letter to
the Boston Advertiser under date of
June ~, which closes with the fol
lowing paragraph
L never thought of newspapers in
connection with the bill, and | pre-
sumo no one else did, for ] can see
no possible effect it can have upon
them or their conductors. | had no
communication with the Senators
named or any Senator, and | have
on doubt they were as limo cent of
any design on the press as / was.
IL ma tiers but little to editors
all" publishers whether theauthors
v. this gaglaw "thought of news
papers in connection with this BILL"
or not, so long as the law can be
used to compel such editors and
publishers to go to Washington at
the command of any one who feels
that he has been misreprcsented,
and await the slow process of the
law. That Judge Poland and Sen
atOr Kdmunds had no intention to
hamper the freedom of the press
may be admitted here in Vermont
where they are well known as men
who favor free speech and free