The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-11
WHERE CRIMINAL TRIALS SHOULD
BE HELD.

The New York Sun of Saturday an
noupces in its city columns that "the
United States marshal notified Mr..
Charles A. Dana yesterday that a war
rant had been issued ON an Indictment
found against him in Washington for
alleged libel on complaint of F. b. Moves,
of that city, and it adds, with strict
regard for cold facts, that "Mr. Dana
went before United States Commissioner
Shields, accompanied by his counsel,
who asked for an examination, and the
commissioner set the examination down
for Saturday, March 16.'' A live news
paper like the Sun would not allow
itself to be .'scooped" in a matter of
news like that.
If the suit against Mr.. Dana should
ever come to trial on its merits it would
doubtless be very interesting one, but
it is more likely to go off on Il question
of jurisdiction. This is not a question
that interests the general public much,
but it is an important one for the pub
fishers Of newspapers, since it involves
the question whether publisher can
be sued for criminal libel in any State
reached by the issue of the paper con-
tanning the alleged libelous matter. 1t
is the theory of the law that criminal
actions shall be tried in the State, and,
unless change of venue be TAKEN, in
the county in which the alleged offense
was committed. Provision is made for
the extradition of persons charged with
crime from one State to another. and
no person can be tried in one State for
crime committed in another. The Sun
is published in the city of New York,
and it was there that the alleged libel
was put in circulation, yet because some
copies of the paper reached Washing
ton it is claimed that the publisher can
be sued in that city, as he has been.
The Supreme Court of the District of
Columbia is a federal court. and if it
can take jurisdiction of this suit on the
ground stated it follows that the, federal
court in any State OF the Union could
take jurisdiction of criminal libel suit
brought by citizen of the State against
the publisher of a newspaper published
in any other State if single copy of
the paper containing the alleged libel
reached the State in which the suit is
brought. This would not be justice, and
the Journal does not believe it is law.
The Constitution of the United States
guarantees to every person Charged
with crime the right to trial '.by inn
partial jury of the State and district
wherein the crime shall have been com
mitted.'' If the New York Sun pub
lished libel the offense was committed
where the paper is published, and should
be tried in the city and State of New
he y,lo ~,
fers the federal court to a State court
the federal court in New York is open
to him. Without expressing any opin-
ion as to the merits of the case the
Journal believes it is contrary to JUS
tice and fair play and to the spirit of
the law to compel man to stand trial
in one State for an alleged crime COM
mitted in another 1t might almost as
well be claimed that a person charged
with uttering counterfeit money could
be indicted and tired in the fedora!
court of any State in which the money
might be found as to say that the pub
in any State where copy of the paper
containing it may be found. 1t needs no
argument to prove that such construc-
ton of law might be made means of
terrible injustice and oppression to in
dlviduals and of infiioting a deadly blow
at the liberty of Ehe press. For this
reason TIE Journal hopes and belle yes
that the present suit against the pub
Usher of the Sur will fail for want of
jurisdiction, and that the courts will
hold that if he is t. be tried at all he
must be tried in Neg York.