Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-29


In the Dana libel prosecution frantic
appeal is made in his behalf for trial at
the place where the offence has been COM
mitted as a constitutional right of the ac-
cused. If no offence has been committed
in Washington of course there should be
and could be no trial here. If an offence
has been committed In this city then both
1tbeller and libelled are apparently agreed
that the constitution and justice and COM
mon sense require that the trial should be
here.
The law Is direct and unmistakable and
unwavering in its support of the finding of
the District grand jury that an offence has
been committed here. Merrill, in his work
on Newspaper Libels, the latest American
law book on that subject, states the result
OF the decisions very clearly, and since he
Is himself a newspaper man as well as
lawyer it is to be assumed that he gives to
the law the most favorable construction to-
ward the newspapers of which it is fairly
susceptible. Voicing the unquestioned and
unquestionable law on the subject, he says:
IF a single copy Of the newspaper con-
tanning the libel is published G.e sold or
circulated) in the State, even though it
was printed in another State. civil or Grim
inal proceedings can be maintained against
the author or publisher in either the State
where the paper was printed, or where the
one copy was circulated, or in both StateS.'
Again he says: 1T is a crime in any State
to circrlate a libel there which was printed
In another jurisdiction" There are Amer
lean cases in which this undoubted law has
been applied by upholding indictments
brought in one state for newspaper libels
printed in another state.
In view of the condition of the law the
appeal to the constitution for trial where
the offence complained of in the present
case has been committed Is a boomerang.
That is precisely the place where the
hbelled is seeking to secure the libeller's
trial, and it is the very place which the
hbeller is stunning. The newspapers ought
to that this is not a case Of outrage
upon the constitution and furnishes no eX-
cuse for causing the proud Bird O. Freedom
to scream.
There is no doubt whatsoever that the
District Indictment of the libel committed
here by Mr.. Dana is sustained by law. The
only question N doubt, and that has not
been seriously considered in the press's
constitutional discussion of the subject, is
whether the libeller can be brought to
Washington against his will to answer for
the offence here committed. If he had
violated the criminal law of the District in
the ordinary way by being guilty of some
prohibited act while personally within the
District limits, he would be clearly fugi-
tive from justice and our court could reach
him. Or if committing this offence from
outside the District he had thereafter ven
tured within the District. our court could
arrest him. But In this case the offender
remains carefully outside of the District
in the place from which he projected his
astral body. so to speak, into tho District
to the violation of one of it's laws. A New
Yorker might not with impunity so far as
our court is concerned send poison, as in
the Graves case. to murder life in this
District; nor could he with that ilnpunity
send an obscene letter to murder morals
here. This being the case, can New
Yorker send poison to murder a private
reputation in Washington without render
ing himself liable to be likewise seized and
punished by the District court? If the
libeller's arm Is long enough to reach into
this jurisdiction, to strike at local repu-
tation. and to violate a law of the United
States. should not the arm Of the United
States and of the outraged law be long
enough to reach to and grasp the libeller?
These are interesting questions about
which editors and other men may reason
ably differ. The Star hopes that they will
receive thoughtful consideration whatever
view may be taken Of the appropriate an
swer. and ventures to suggest to number
Of its esteemed contemporaries that they
discuss this phase of the matter and give
the overworked constitution a rest.
If Mr.. Dana and Mr.. Laffan are brought
for trial to Washington that venerated doc
ument will not suffer the slightest shock.
If on the other hard they succeed in evad-
ing trial in the District for the offence
here committed, they will nevertheless be
punished for that offence by Punishment
from the most beautiful and fascinating of
American cities The threatening District
Indictment, like the flaming sword ct the
gates of Eden, will warn and repulse them
from the national capital. If the President
mot this President, but some other Presi-
dent-should wish to appoint Mr.. Dana
Secretary Of War in recognition of his
military reputation for undaunted bravery
on land and sea, it would be annoying to
the latter to be compelled to decline the
honor, because he feared arrest on his
arrival in Washington. Perhaps after all
1t would he wiser for the culprits 10 quit
lodging as quasi-fugitives from justice. to
face the music like men, and to have the
trouble over quickly.
Maryland man has been detected in the