The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-12
ANOTHER 0PEN LETTER.
The Hon. Mathew II. Carpenter on his Cir
cut Court Bill.

MILWAUKEE, Oct. 4.-The Hon. Ch0s. 4.
Dana. oar discussion mas brought US To asinRie
MONT OF difference. You do not ciaitn tuai the
law should grant special PRIVILEGES or immuni-
tea to editors or publishers ! do not cl i'm.
never did, that the law should discrminate
against them. You say that eve wrong done
hy an editor or publisher ought 10 be redressed
In the jurisdiction where 4 was committed
this Is precisely what, Hnd all, have conteuded
nut YOU maintain that the eleventh section Of
the hi referred TO. II enacted, would authorize
the com menccment Of a suit In Wisconsin. Tor
instance, Tor n libel published IN one OF he New
York newspapers and tnat tue editor OF sMch
u Ter could he compelled to defend II IN VS.
consn.
Tho slightest examination will satisfy any
candid, intelligent man that you are wrong upon
this point. Suppose you were 10 punhsh hnel
upon me In your paper Tomorrow, and the
paper containing the iDei should be circul ted
In the usual wav through the m ils aud the
newsdealers IN this site. the question u,
could bring suit under tots eleventh secticn la
Wisconsin. Will quote the whole section
SECTION II. That process 10 commence, In Circuit
co a,s ,'s o IN KY Gr, OF g dI L,,st
any Wi suit proceeding, not affecting the Ute 20
Nhero "a suit 4. brought, az s any corporation or
other person TrsG nE IN e Saed Stlts' iad soS
snt Is brought and LSring IN sad sdts, ls ,1o,y' or
e or Ws' s s, O or a S SGf Of wS he )" ease
sres NAV be made Dy delivery TO such agent, or 10
either of such agents where tierc re lhan one,
COPY OF such process and tuch service snail have the
s sss et aaa n ssS Teoy or District " coa3
pa where suit Is Drought provided however. that
setion secruing 6eiori July Is, 1874.
Now. before suit could be commenced In
| Wisconsin under this section, two things must
i. The defendant must be doing the business
out Of which the case arises In the State OF Wis
| consin.
2 The defend mt must have an agent residing
| In Wisconsin, ano the agent must he an agent
| IN respect Of The business or matter out ~ Uhich
| he c.ise arises Now, II i manifest that IN the
ease suppOs ed neither Of these conditions exists
| l. The case arises out of the business Of news .
tahi " Car
| New York, uut not IN Wisconsin.
| . You have no agent residing in Wisconsin,
| who Ia an agent IN respect OF your business Of
| publishing a new ,pluer 10 the city Of New York.
| Yuumight establish a br nch publishing house
In the State OF Wisconsin, conducted ny an agent
residing here, and pIint, publish and circulate a
| Wisconsin edition Of The sun, OF another paper.
Ana In Ease such pauor, published and circu-
| lated III Wisconsin, should contain libel upon
| one of our citizens, YOU could under such pro-
| visions he sued in Wisconsin, because you would
in that case he carrying on the business of news
| paper publishing IN Wisconsin, and would have
| an a ent hero In respect OF that business. In
other words you mignt pe sneu ~ w, Wisconsin sn
ciscly what you say would DO right; that ~, you
would h We TO answer for the wrong IN the iurls.
diction Wnere IL was committed
Your argument upon tins point Ia as follows
There l.. We know, deteslaole theory q constIc
tive publication aceorns 10 weh a. sa9f IS 70 &c
innt he may be comp, led % answer or the same ac
Of ct Gems r their acts uny IN ohe place. now
ever tar reaching the consequences
| Now ithOut entering INTO any DISCUSSION o.
tho merits or denerits OF this common law prln
| cIple il Is sufficient for our discussion To So
that the provisions OF the section under conslu
Grafton would not apply to such case,
| II IL true that at tho common law, ana eADeci
ally Tor the purpose OF IN Indictment, a hbel u
regarded us published ia every Jurisdiction
| tnrongh which IL is circulated by the publisher
But this Is "A technical RUE, ana tue "ord pun
lish' IN the criminal law NJ snsolM s n
who passes counterfeit coin ~ CHARGED WIN u
tering aud publishin! !" the same. 30 a testato
/ ~ Al sx1hn hR A M
his will But the section under consideration
old not look TO criminal proceedings and
would simply DO absurd % argue that Decaus
You might be en- rgeable IN the ormlna
law with the technical utterlnR anu puplsnln
the libel in any iurisd 10 wnen you Ipng
| send II. therefore YOU were carrying on tne ous
ness of publIsnins u newsp per III Tue STATE .
, Wisconsin. sun more absurd wouiu II DC !
D | maintain that tho Postmaster VINO should ue
liver your paper TO a suOscriueri In mother Juris
dictinn would be your agent III respect OF ID
c neWspaper business IN the state where delivered
= Suppose the Internal revenue law OF Tn
! United States should require every neWspape
= publisher 10 procure he9nss' ~ " udu ~ on y
Y time require of lawyers. am not speaking
T. the constitutionalitv Of such "a law, put merel
= its constructions. Would any one claim that
u New York publisher would require license
" every state where his newspaper was circulated
His license would be granted anthorlLlng IA
To publish "A newspaper In the clly Oh New \ OF
and this would be sufficient
l. Tho simple truth Is That TINS section was n'
., directed against any parueu'ahr pus,nnss, w
n | Included every business, anu Is enllIelS unol
jectionable within the principles lald down
o. you In your last article, MI, ..,., 80 .
o. The history Of American politics furnishes :
other instance of so obstinate anu nhRraht M
B. representation and unInerited abuse as "
T. press have exhibited upon this subject. II
4 hue aud cry was raised bv correspondents
o. Washington who were either wholly Ignorant
g. the matter they denounced, or Intended
e misTeptesent II. The press OF the country
q large took fright, and almost every newspap
* in the country was committed to the policy
s. denuncatiun before understanding the cas- ga,
And even now, when the iacts nave fepeateu
IL been spread before the public, SO oou urate
a the plde OF opinion that very Tow OF tue lead
& newspapers OF the country have done anythll
81 to correct the injustice they committed In len
., rance of the subject. MATT H. CAhPENTEh
= Fun and excitement for the young folks ne
~ ThurndaY. Oct IA when one million copies OF the