The sun., 1895-03-29
raE WARRINGTON DRAG NET
A rieht or Nsuep.i I-ports.os .. Behalf
or Free Press.
ftom the Newport poav N,m.


fror the Newport Daav Nem,
| But the interest In the case among outsider
relates chiefly TO a preliminary question and one
| capable OF much wider application. That ques
| tion Il as TO where the case shall be tried, In
Washington. the home Of the plaintiff. or ir
| Now York. where tho defendant 10 doniiciled
Mr.. Noyes has brought suit in Washington. and
has instituted proceedings to force Mr.. Dana &c
20 to Washington to stand trial. on the ground
that because his paper was sold in Washington
the alleged libel was committed there, and the
Daily Neirs has already quoted from the Star the
gst OF what is to be said on that side.
Mr.. Dana stoutly resists such an interpre-
tation of tho law, and. SO far a. we have OBJ
served, the entire press of the country agrees
with him on that pi mt. II Is hold that the con-
tention of Mr. Noyes 10 in conflict with the sixth
amendment OF the Constitution. which provides
that in all criminal prosecutions the accused
shall enjoy the right to speedy and public
trial by an impartial jury of tho state and dis
trict wherein the crime shall have been COM
mittcd." The case. therefore, turns on the
question whether criminal libel OF this char
acter 10 committed in tho office of publication
or In the locality where the paper may have
been sold or distributed.
1t will readily bo seen that q decision of tho
courts adverse to Mr.. Dana would involve
serious results to the newspaper fraternity.
Where paper is circulated throughout the
whole country. as 10 THE SUN. tho publisher 10
liable to b, summoned to tho most distant
states and cities ut tho will or wish of any cit
izen who could trump up charge against him.
Such doctrine would involve u monstrous in
Justice as cases having no basis in fact could DO
brought, say in California or Oregon, which an
editor or publisher would be bound to defend at
great disadvantage. In this particular case. as
Is well known, Mr.. Dana is man OF full ac-
countability for all his words and deeds He Is
man of fixed abode. He Is the head of one of
the foremost public journals in New York. And
1t has been we'll said that in resisting the ie-
mand for q trial outside tho judicial district
within which his paper is published. Tho is
making fight OF national Importance in behalf
OF FREQ press. II the 'unspeakable tyranny
attempted succeeds. every editor in the land
will DO In peril Of It. and all newspaper men
will bo set apart u class denied the right OF
trial by jury OF the vicinage.' and conso-
Quently Liable to trial anywhere"
Prom the Boston Watchnan.
The libel suit against Mr.. Charles A. Dana,
editor Of The New YORK Sun, which Mr. Moves
editor Of the Washington Star. is prosecuting 10
developing some phases Of national import ance.
Mr.. Noyes claims that because the alleged libel
was circulated in Washington. D. C.. he has a
right to have Mr.. Dana forcibly conveyed
thither for trial Tho law. which is said to be
1.-THE perfection Of reason" Is responsible for
some rather ludcrous violations OF common
sense. but we are slow to believe that any Judge
can be found who will sustain Mr.. Noyess con-
tention that the plaintiff has a right to demand
that his case shall be tried in distant parts to
which he may bo able to show that the effects
of the act Of which he complains have pene-
trated. If this 10 the law, not only newspaper
editors and publishers but all classes of citi-
zens may be compelled to travel to distant parts
TO have their cases tried in remote Localities at
the behest of those who feel aggreved at their
cOnduct