The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1895-07-06
DANA'S VICTORY.


Considerable comment has been
made in the leading papers of the
country about libel suit against Chas.
A Dana, the veteran editor OF the New
York Sun, by Frank B. Noyes, of
Washington, D. c., in which Mr..
Dana claimed the privilege of being
tried in New York. Mr.. Dana has
won, and the following is what The
Ilter, Ocean says on the matter.
ssThe United States district court in
New York has decided one issue Of
very important case. The case is that
of-Noyes against Dana, and the issue
settled is that which determines the
place of trial. Frank B. Noyes is edi-
s tor of newspaper published in Wash
aington, D. C. Charles A. Dana is
editor of newspaper published in
New York. Some time ago Mr.. Dana
wrote, or permitted to be written, in
the Sun certain words which Mr..
Moves AYERS to be libelous of himself.
The case has not reached the stage at
which the soundness or unsoundness
of Mr. Noges' complaint is o.'be dis
cussed; that stage comes with the
presentment of evidence.
'sHitherto the issue has been con
cerning what lawyers call the venue
of the alleged offense. Mr.. Noyes af-
firmed that, because Mr.. Dana's news
paper was sold and circulated in
Washington, the words complained OF
were published in Washington. But,
inasmuch as Mr.. Dana's newspaper is
sold and read in Kalamazoo and in
: Oshkosh, in Tacoma, at Yuba Dam,
and in Rocky Gulch, Mr.. Noyes might
as we'll have instructed the attorney
of Arizona, California, or Michigan to
commence suit against Mr.. Dana as to
have begun proceedings in Washing
ton. The measure of damages to Mr..
Noyes might be less in Yuba Dam,
where, possibly, he is not known at all,
than in Washington, where everybody
knows him, but he is not suing for
damages, but for verdict in crimi-
nal court. The commencement of suit
at Washington indicates q desire to
harass the New York editor by placing
his trial far from his vicinage. But
it is of the essence of trial by jury
that the triers shall be peers of the
tried, men of the same county if pos
sible, of the same commonwealth GER
tainly. The attempted removal to
Washington savors of an attack upon
an old legal principle.
~ tThe decision of the New York
court is righteous. There is no doubt
that the issue of fact as to the inno-
cent or ibelous quality of Mr.. Dana's
utterance concerning Mr.. Noyes will
be fairly determined in New York.
But had the court ruled that Mr.. Dana
could be taken to Washington for
trial it would have followed that, GER
tainly in every territory, and probably
in every state, a series of malicious
prosecutions for libel would have
sprung up. 1t is a long trip from New
York to New Mexico, or from ST. Paul
to Washington city, or from Chicago
to Florida. But in any United States
court sitting in any one of these places
a trumped-up suit in libel might have
been entered against any distant edi-
tor who unfortunately should have
made mention of any adventurer. 1t
would have been cheaper to have COM
Dromised than tn have foupht and the |
shystering lawyer and the perjuring |
complainant would have reaped rich
harvests of iniquity. Mr.. Dana is to
be congratulated upon the victory that
he has won for himself and for the
press of the whole country.