New-York tribune., 1875-02-22
THE DISTRICT LIBEL LAW.

LYMAN TREMAIN'S INTERPRETATION
powER CLAIMED TO HAVE BEEN CONFIRMED III ~
To nRINc INDICTED PERSONS FOR TRIAL To TIE
eIsTRlcT-sTATEMENIs OF DECISIONS OF Coohis
pra.RpI>o DISTRICT LAWS AFFECTED III ITS
foRMRR CONNECTION WITH MAhfLAND
POSED AMENDMENT OF THE LAW
fyaoa raR RgGULAR CORRESPONDENT OF rHN '"ipoN"I
W.suINGroN. Feb % EARLY in the present ses-
s,on M Congress Mr. Lyman Tremain OF New iofk
introduced In the House bill "in relation 70 IN
a;o,n..n,. 90, libel in the District Of Co
,n,nh;a and the trial thereof" 1t provided
that no indictment for libel should be
found in the courts OK Washington whero
tbe libel was published In any newspaper regularly
printed outside of the District unless the person
bsled should reside therein ut the time OF the pub
location. But il any person living outside OF the
District was indicted in the Washington courts for
hbehng a residcn. of the District. then Mr.. IRE
mains bill provided for the removal OF such cases
for trial to the district circuit court where the
newspaper printed.
This bill was referred to the Judiciary Committee.
and by them placed in the hands Of q Sub-Com-
urittee Of which Mr.. Tremain was chairman, for
report The views Of that Sub Committee were sub
mitted to the full Committee at q meeting on Friday
by Mr. Tremain but after the subject had been dis
oussed for hour the bill and report were laid on
the table. Although the report was not agreed to
by the Committee, it is very important document,
since It shows that even the best lawyers in Con-
gress are not agreed as to the effect Of
the Poland Gag law. while the fact remains
that the only application that has yet been
made Of it was an attempt to indict the
editor Of The ye,c York Snn and the arrest in st.
Louis Of the Washng gton correspondent of The De
troll Hoe Press for libel OF Senator Chandler. What
ever the oouria may finally decide the effect Of the
law is nobody will deny that its author drew ii in
such language rs he thonGht would give the courts
of this DISTRICT the power to bring to Washington
parsons indicted hero for libel. and Shepherd and
Harrington from whom Mr. Poland received the
GRAFT OF tho bill Intended that it should give them
the power to try ther newspaper critics in the
courts Of this District The following is the full
text Of Mr.. rremain's report:
The Judiciary Committee to which was referred the
bill prov M tiar scoond section OF the act OF June
a. 1874 rud led An act conferrIns jurisdiction upon
other purppsee should be so amended as not to apply
20 n or bs Se hoyns hsp tfe same
Toe navinx been made that t1ls section does not
Columbia f:r tria anS person who noay he indicted
therein for hbe, nut VINO may he fdunl beyond the
the OF the District power TO arrest offenders found
within the Dsinci who are charged with crime com,
ne within tue District hold theU for Trial. ana
arrest offenders found within the District who have
committed crimes against the Uaeu S,a.ss "a sumo sCno
10 such district for trial. st question was hrst consd
cred BY the es was b tlS me G1 smSs; wS o.,
wholly unnecessary aud tDat IL prOduceu no chapRe
seoon So u S S as. OF PcS Das confer;
the OrenN Court Tor tie D'siict ana tne luage
AID Courts Of the United
States. WRSs he Supreme Court OF the District was
created. tho sons powers and Jurisdiction were con.
fered upon said court aud the jusces thereof
pcSss o sns eSos 81 acs of March fss 70 Stat Ts
Tne ojccs % soctOn Of the act 10 question vas 70
bis,rct nrs, oanso the arrest of perssns Indicted
s 5 10 Ds Il eE R' e THsS bs sH cr@1 gnsd
courts Qf Dseic trial The 33d section OF the
sos S s re.r.d % 1.t 70 y IN 9 taesS woFai. ,,,
q. Va sss. he eeS, NAY oJ .'I oacs o5 ads. The u5s G
USs .Tss,6, o.
s ss't - % s .HS aS IS. Or s s' TSe a ss 81 S
Be- % '' s cs o'' Of q: Tr, s 4 S e, rs
cJ n S,p the esrs Sncs Of aOh Osan tOs.,h Wa the
i 'Si Sss as:& Is, ss s
S,asr% % % s sacs .a s s
70 be ucd a be the au OF ne juise Of ih,t S,S,es
::s:
% 1s sc >: bs AND =, -
bsSe .A case .a! sot be .dntt.4 eut ,, a' sspI Q,
D.is: Coat I. iAslI t.s;S, .as.: ,,s.S!1.
ossSe. of.w Al person eoSmied b. justice cf The supns
lbs, Of L Court is' eSo,. rot ga9sssS; S:,a
sepr ne . suponoI Coud VI Law Of suek state
Tue practice had prevailed since 1889 Of brD giDg such
persons District under said Section aud
OF tbls kind had arisen aud the eItrsdtton OF
suoh persons District effected without any ques
ton beug made as TO the lawtuness thereof More re-
eeuty, hoSeyer doubts had been entertained whether
Section 80 sfsresd conferred such power for the reason
that the Dtrcs not em braoed within
the words OF that secOn as they were not, nor was
tbs "a act bss s eSsu InSe u tho 5hense."
Your COwmiIlee OF opinion tnat careful exami1a
ou OF the at OF 1874 aud Of the tnrtyhird section OF
the aot OF 1879 will that they provide for srreenDg
aud OringiDs District for trial persons who have
committed ofenses within the District Wh.t pro
visions OF the tIiry third section apply TO courts
IN the rot place as the court before which tbe trial
should take place. aud In tue next place ssiSe conr,
ts empowered 10 B.ue warrant for the arrest Of the
oncpderss that pegsf Conferred only upon justiee
peaoscS otter nasrate Of any Of the United states
whore tho offender may be found H. t~heIsfore. therefore .se
courts VI t6O District to Issue their warrant to the re-
moy. from tho District o. persons f0s9a 60 nc nS
power A The tbirty third secton however aoee pro
ydo 10 express terms that tse prisoner may ee
orBse for tra, and as Section OF tho sct OF 1915
plies the provisions Of that seetign 70 courts crested py
seoIs inevitable that said seeuon authorizes the
arrest aud bringing into the Dsret OF onenaeaS Detofe
Congress should be passed declaring that the pro
ylsoaApf Section ss should apply to the courts Of Inc
exoept holding that brought into eIstences the
aohnery provided for In sad section for the arrest OF
persons aay part Of the United stitss aud their 70
novai TO s1d Territory for trial before the hav
Ing oognisancs OF the ofsnset ,,,.,-
Y1e question Is. whether libel pubhshcd within
the Disiro' oi Columbia Ia an ohense Tor which tho
under the operation. 'Of Section aforesaid he msy be
brought there's trial LABEL IA an ndiotabe 0nsnse 81
common law The ceui.Son law had been adopted By
the STATE Of Maryland prior 70 oesson Of her terri
tory 10 the Uaned states By sectioa OF e Dselsrs
ton Of kghts OF the state OF harysnd wa'sh wss 1s
itsnts Of Maryland arc entted 20 the common sy OF
Sosissnd" The eeurtsoof haryiaad have g unlfSrnly
Dashio agt Attorney General Har and John sea- and