New-York tribune., 1895-06-25
MP D4N4'S VICTORY.


States District Court yesterday refusing TO order
the removal Of Charles A. Dana 10 Washington
70 he tried for criminal libel in the District of
Columbia on complaint of +. IL. Noyes Is VIC
tory for Justice, equal rights and free press.
II is a decision In which every citizen, regard
less Of his profession. and every newspaper man.
regardless Of his habtation, should rejoice.
contrary decision would have been practically
the rc-esablshmcnt throughout the whole coun-
try of the old English law Of scdltious libel, when
was most potent instrument of tyrannicai
and corrupt government Since John Peter
Zcnrcrs trial in Ncw-YOrk before the Colonial
Chief Justice De Ihnccy. in 1I:'1. when thc
Courts declaration You cannot be permitted
TO give the truth Of libel in evidence was dis
regarded by the jury and the right Of free DIS
cusson OF public affairs In America was c>iao-
llshcd no more important question concerning
the rights Of editors has been before our courts
The vcrllc, which Andrew Hamilton secured
for Zcnger did not license newspaper falsehood
and malicious injury but II made fair discussion
of public men and measures possible, ana was
a necessary step In the establishment of frce gov
crnmont The decision which guarantees Mr..
Dana freedom from transportation does not III
any way lessen the responsibility ~ newspapers
for their utteranccs, but II determines that IN"
editor shall not bc called upon 10 answer for his
acts under outrageous conditions. which nobody
would think Of applying 10 any other man.
Mr. Dana publishes paper In the state or
New-York subject 10 the laws Of Newl"rk. lf
he violates our law of libel he may he called 10
answer for II. and stands ready FOR that call.
There Is no more Justice In asking him 10 sub
nit to tho English laws OF Charles or George
III than 10 the regulations ~ the Russian cen
sor Yet that Is Just what The court was ask"I
10 exact from him. The libel law II the District
Of Columbia by the act of February -. lS'l.
which has never been amended. Is that Of the
old common law Of Maryland as II existed ~ that
time which was the common law of England
bodily adopted IN l77G II Mr.. Dana could be-
dragged 10 Washington. he could he punished
for breaking laws probably In existence nowhere
else In III. English speaking world and not
usually In force even there laws which no news
papers obey or could obey unless they We're 10
become the puny prints of century ago. AMI
which even the most rigid critic Of the modern
ncwspapcr woud not wish II 10 obey. Hut Il
broader question siill was AZ issue. II the laws
OF the District Of Columbia were the most liberal
ever drafted It would still he an injustice 10
!.
l,catlon made In New York with full view
10 responsibility for IL I'm New York. The citizen
Of any other calling Is tried on "A charge Of
crime where ihc act complained Of was com
| mittcd There Is 10 reason why a different rule
should apply to the editor. All men know his
| place Of business, and whatever wrong he does
| he does there and he may not reasonably be
asked 10 stand trial for II anywhere else. II he
| NAV be called 10 Washington because somebody
finds some Of his papers there, he may be taken
| to minng-camp in The Rocky Mountains. where
| two or three copies chance 10 find their way.
| In resisting TO the utmost the Noycs contcn-
| ton Mr.. Dana became the bencfactor OF every
| member Of his profession and the defend
| er OF every other class Of people whose
| rights 1t may be in the future somebody s
| interest TO assail. No reputable newspaper asks
or desires liberty TO libel or seeks to avoid re-
sponsibiliiy for what it publishes All 1t asks is
| the same fair treatment that other business enter
prIses have n measure OF protection against the
striker and blackmailer, and a chance TO pre-
| sent Its side of cases to courts nnhampcred by
| legal assumptions and embarrassncnts. which
| often amout to holding newspaper guilty until
| II proves itself innocent while throwing every
| obstacle In the way Of establishing innocence
A great advance toward that desired end has
been gained by Mr.. Dana's battle in the court.