The sun., 1895-03-23
THE PRESS ON AN ATTEMPTED oUT-
RfGE.
An Attempt TO Be Re-i.ted and Resented
60 the Utmost.

| maxim. "Bc sure yor'rc right. then 90 ahead"
| is applicable 20 tho discussion OF Mr. Dana's
| case II IL not, rs some of our contemporaries
| put and treat II. n case o. "Soycs vs.. Dana" in
| civil action. but the case OF She People of the
city OF Washington and District Of Columbia
VS.. Mr.. Charles \. Dana ot the city and state
OF Now York, IN criminal action. Tho merits
of MIR. Dana's alleged offence are not now in
issue. II Is not material at this stage OF the
cuse. what the crime is. whether H. br libel or
larceny OF the person ot Mr.. Nuycs. The point
now In question aud to We settled is Did Mr..
Dana commit the alleged offence In New York
or in tho District Of Columbia II lie committed
II in New York the Indictment and trial can
be only in New York. II in tho District OF CO.
lumbs. then only In the District of Columbia.
The Federal Constitution makes this obscrva.
tion In one of the amendments proposed by tho
First Congress at its first session and ratified by
the States before some OF them would enter the
Cni0n
In all criminal prosecutions the accused shalt enjoy
the right a speedy aud public trial 10y an impartial
jury OF tho state and district wherein the crime shall
have been committed which district shall have been
previously ascertancd by law and to be 1nformed OF
the nature and cause Of the accusations TO be con.
fronted with the witnesses against him; to have
pusory process for obtaining witnesses In his favor
and TO have the assistance OF counsel for his defence
That provision of tho Constitution would seem
to he intended to prevent the dragging OF an
editor. sought to be criminal!y prosecuted for
nn alleged crime committed in the State and
district OF New York 10y the publication of u
paper there, away Off outside Of that State and
district TO the seat of Government of the United
States where the United States exercise exclu-
sire legislation In all cases whatso on the
prcteNt that the alleged crime was committed
Mt the seat OF Government OF the United states
because few of the hundreds OF thousands of
copies Of the issue OF Mr.. Dara's paper. THE
Sun. in whose columns a libel is charged to
have been made. found their way there The
question is one OF constitutional law. involving
the individual right OF every person living
under State and Federal Government. wethink
Mr.. Dana ought to win. and hope he may win.
From NE BuPaio Courier
Speaking OF the effort to transport Editor
Dana of The SIN to the Dtstric, OF Columbia
and there try him for libel in suit brought by
Mr.. Noyes OF the Washington star. who is a voter
in Maryland, the Near York Tribune vigorously
asserts: This attack is TO be resented and re-
sisted to the uttermost. not merely because II 10
made upon Mr. Dana, one of the most eminent
accomplished. and responsible journalists Of the
age; but because 1t is made. through him. upon
every newspape" publisher in the land II this
unspeaiable tyranny be successful in his case.
every editor will be in peril of 1t, and all news
paper men will be forced into a class apart
denied the equal protection of the Constitution,
practically outlnwed." II the publisher or
editor OF paper is subject to transportation to
all points where his paper is circulated there to
he tried on trumped-up charges OF libel. it is
high time for newspaper men to find out where
they arc at" great battle in their behalf is |
to be fonght out by Mr.. Dana in the courts.
Mr.. Dana is over 30 years Of age but he has all
the cagerness and zeal of young man for a |
battle OF this sort The Noyes- Dana suit bids |
fair to develop into celebrated case.
from the Errnino Telegram.
Suppose Noyes lived in Albuquerque in New |
Mexico, and copy Of THE SrS containing the |
libel were loaned from house to house there
would the editor be compelled to transport him |
self to that forlorn locality 20 calculate himself
as it were. from this city to New Mexico? Sup |
pose Mr.. Noyes had happened to be a resident of |
Alaska-probably copy of THE Sun may be |
foun1 there also-would he request the presence
of Mr.. Dana In that jumping place to an
swer for his crime? We don't quito know wha,
the legal decision rs 10 this matter may be- but
there IL something rather luticrous in Mr..
Noyes's position. OF course, il he thinks he
hasn't the shadow OF a chance in our New York
courts. he acts very shrewdy in trying to
transport Mr.. Dana to amalarious climate but
for all other reasons a New York jury is quite
competent to attend to little affairs of that kind
II anybody has a complaint to make of Mr..
make II rirht here in th;s cit, ~ 80. 'n
stupid folly IN argue mat if, ,,on - So,
street. saws som.,h;n, whio,, .a.aau =, 49,
Walla doesn't like tbe man in To.san s,"aa,
.hopld 90 ont to Wall. Wall, 10 ans,,nr fou,,
ava -
r,.,,.. ''''"'e
" 'o'e,ps convey Mr. Dana'
srt. .n. ,,ho, ~ ] 10 NashlhEto'' where
,aairs, onn,,,or' Ai , "ou'u , oo 'r,eu. Is
'li',, "s"''s. eehse anu oecencS. mat
'' l'''sn n'Iuseu ., "Foneno'hg should be taken
,-han" 80, it..es ava! from inc place
was cohlnittea Is not
c.rt.inl, o,,uins, ,l. ar;.,, 80 .'' - i'
ought TO he AGAINST tho rstt.r ~ ,ba,, :, :a
deed, il is not. Indouh,adlv so,,a co,,ia. ~
THE Sun arc circulated In tbs Ch;no.o a,,,,iro
Under auy construction NJ law ,hot ,,.am,I
mali. u ricb, :, hrr,,n NJ w. ,,,