Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-25
THE DANA LIBEL CASE
The Man -Libeled is the Aggrieved
Party.
Some Newspaper Comments on the
Proposal to Hiring Charles A.
Dana to This City.
A Matter REQUIRED To.

ceiyed discussion in these columns, where
the determinations between what the case
is and what it is not have been clearly
drawn and observed. Elsewhere they have
not, but should have been. 1t may be well
to restate them.
The subject matter of offense is the
statement that Frank b. Noyes is a thor
oughly dishonest director" That was de-
clared in the Sun. The declaration was
absolutely wrong in the Eagles opinion.
Our acquaintance and dealings vita Mr..
Noyes have been long and intimate. If
there ever was thoroughly honorable man
and a thoroughly honorable direotor Mr..
F. Is. Noyes is both. The falsity of the ae-
cusation seems to all who know Mr. Noyes
to be absolute. The injurious character of
It Is manifest. The issue of fact could no
where Gene to q fair trial without the falls
fty of the charge being proved. The rep
aration rnerited by the injured man and the
punishment .nerited by the offending news
paper would DO a matter for law to deter
mine.
This is the first fact to be borne in mind.
1t Is q fact which sheets that refer to Mr..
Noyes' attack on Mr.. Dana" forget. Mr..
Moves made and has made no attack on
Mr. Dana. Tho Sun made the attack on
cedent provocation by Mr.. Noyes. The
identity of the assailant and that of the
assailed should not be COMPOUNDED. Those
who confound it are ignorant-or worse.
i.
NoyeS made an election between remedies
open to him, and Mr., Dana is contesting
the legitimacy of the choice between rene
dies which Mr.. Noyes made Mr. Moves
could have sued Mr.. Dana civilly in New
York or tried to have him indicted GRIMM
ally in New York. He could not have
sued him civilly in the District Of Columbia,
for the federal statutes do not give that
remedy to the citizens Of that District
against outsiders. He did not sue him civil
~ In New York, for money damages are
not what he wants. He did not seek to
have him indicted in New York, for he be-
HeVes that the Sun could prevent an In
dictment or a fair trial under it in that
city. There are those who think otherwise
that subject or abides by the advice Of his
counsel wager Swayne and Mr.. Wellman,
on that point.
The third remedy to his hand Mr.. Moves
employed 1t was the indictment of Messrs
Dara and Laffan by the United States
court in Washington city. Their indict-
ment in any United States court anywhere
Else was Impossible by law. Otherwhere
courts have only such criminal jurisdiction
as FEDERAL statutes give. Those statutes
do not make libel a crime. What makes it
a crime In Washington city is the common
law OF Maryland which is inherited by
the District of Columbia under the terms
Of the cession Of that District to the United
States by that state.
So because he lived in Washington Mr..
Noyes could indict Mr. Dana there but
for the same reason he could not sue him
civilly in any federal court. Nor could Mr..
Dana be criminally indicted in any other
United States court. Having determined
en- indictment, Mr.. Noyes concluded 10 try
to get it where he lived, instead of trying
to get it where Mr.. Dana lived. For this
Mr.. Noyes is no more blamable than Mr..
Dana Is for seeking to show that the act
OF Congress under which Mr.. Noyes has
proceeded is unconstitutional or does not
justify Mr.. Moves proceeding. The papers
of the country have with near approach
to unanimity condemned the law, since
the discovery of its possibilities. That Is
their right. That is to their interest. The
Interpretation Of the law is for the courts.
The change OF 1t Is for Congress. So far,
all right.
Two misuses of this right have how
ever, heconie prevalent. One Is the abuse
Of Mr.. Noyes for testing his rights under
existing law. That is both outrageous and
Irrelevant. 1t IS outrageous because he is
oDe.of the finest men that ever lived, who
was wantonly assailed. and whom only ig
norant or malicious men or papers. those
ignorant of his character or maliciouSly
disposed toward him, would assail.
1t was irrelevant. because Mr.. Noyes did
not make the law. He found it made. In
1t he was advised there are redresses for
him. He invoked it. If he has been wrong
ly advised, the courts will tell him so. If
he has been correctly advised. he is no
more to be blamed for awaiting himself Of
his legal rights than any other citizen Of
Washington. If the law is a bad one, Con-
gress should change it. Mr.. Noyes could
not change it. if he would. One may be
sure that in seeking to vindicate his char
acter, Mr.. Noyes declined no advantage
which the various legal remedies to his
hand allowed. He was considering his own
rights, not the susceptibilities Of his as
sailant.
AS wrong as the attacks on Mr.. Noyes are
the newspaper attacks on the law are not.
The Eagle regards the law as one replete
with dangers Of injustice to newspapers.
On that account we trust that the courts
will decide against the application made
for Mr.. Dana's deportation to Washington.
The personality of no complaint or of no
defendant affects to our mind the gravity
of the principle involved and of the prece
Dent to be created. On this account we
have been against the application, while
convinced that gross wrong Las been
done to an excellent man, to whom Mr..
Dana should need only the pronptiEgs of
his own conscience to voluntee: the fullest
reparation.
Another Reason.
From the New York Evening Post.
The collection Of newspaper extracts
which Mr.. Dana publishes in the Sun
protesting against his being sent Oh for
trial to Washington, on the ground that it
may establish precedent under which edi-
tors might be dragged" on charges of
libel, to all parts of the Union, is undoubt-
eddy intended to influence the judge who is
to sit on the case. But it will not influence
him for the following reasons: All the
small fry of editors either admire Dana
or are afraid Of him. They would initiate
his style Of Journalism If they thought they
could make as much money out of it as he
used to make or they expect some day to
be hired by him, or fear he may attack
them in his peculiar way. Then they know
nothing about the law of the matter, and
are not aware that the District of Column
bia is the only part of the Union to which
an editor could be dragged" as the law
now stands. Concerning the hardship of
going to Washington, they are willful de-
ceivers, for they know that instead of be-
ing dragged" he would go in the greatest
comfort in a drawing room car, starting at
a reasonable hour, lunching on "Marengo
chicken and imported ginger ale, and ar
irving early in tho afternoon. Further
more, they conceal the fact that Mr.. Dana
has been for over twenty years the organ
of all the corrupt class in this city which
under Tammany filled the offices, and
sometimes the city courts; which preferred
indictments and summoned juries and wit
nesses that he did more than any one
man to build up and support the Tammany
system, and that his influence over the
criminal and semi-criminal element is I'M
hot