The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-07

ants counsel to be associated with him. Such
hprocedure is virtually turning n public into Q
private prosecution, and Ia Objectionable In every
respect. A District Attorney IL q sworn ON
cial, elected by the people and responsible to
them; he acts in a public capacity, presumably
without malice, fear, or favor, but the private
counsel OF a complainant represents no one but
the complainant himself-his selfish and per-
sonal interests. The law OF our State does not
authorize such an unsccmly proceeding In re-
gard to any other prosecution. A wife whose
husband has been murdered, a brother whose
sister has been assaulted, q father whose child
has been abducted, a citizen whose residence
hos been robbed, or a bank whose vault has
been burglarlzed cannot compel the District
Attorney to accept the services OF o private
counsel, much as they might desire him to
have the benefit of such assistance; and yet,
under this novel bill, when o newspaper Is to be
raided or destroyed under the form OF a Grim
inal accusation, the personal complainant is
permitted to foist his private counsel into tho
public prosecution. thereby practically chang
ing its nature from an official to a private pros
ecution. This utterly indofensible provision re-
vcals theinconsistency of the defenders OF this
measure and reverses the whole theory upon
which 1t has been publicly urged, to wit, that 1t
was not designed for the protection Of any indi-
vidual, whose personal grievances can be reme-
died under existing laws and whose rights are
already concededly amply protected, but that iJ
was intended to shield the public generally from
offensive newspapers, without proof that any
particular individual has suffered any injury,
the prosecution being professedly desired for the
highest and best public interests, yet here is a
provision which undermines and destroys this
fine theory, recognizing tho private character
and personal objects OF the whole proceeding,
admitting tho necessity or propriety Of private
interference, anil which virtually transforms n
public prosecution into a private persecution,
imply sfng.for that purpose the machinery Of
the criminal law. A Legislature which sane.
tions such an outrage and establishes such q
pernicious precedent may be ablo to escape pub
ncsobloquy. but 1 do not believe 1t.
PROSECUTION OF ONE PAPER IN SIXTY coUN-
TIES AT ONCE.
The extraordinary character of this bill Is
further illustrated when section 8 is examined.
1t permits an Indictment to be found In any
county Of the State wherein a single newspaper
may happen to circulate, and forbids a change
of venue except upon the single ground that a
fair and impartial trial cannot be had in tho
county. No change can DO made for the con-
venience Of witnesses, nor because the transac-
ton out Of which the Objectionable publications
or pictures arose or are founded occurred in an
other county, but tho newspaper is to be sub
jected to every possible annoyance and de-
privcd of overy Just and reasonable privilege.
Under ordinary criminal prosecutions for
nbcls. upon individuals the law for many years
has permitted, under certain reasonable condi-
tions, tho place Of trial to be changed to the
county where the ne Wspaper is published penal
Code. section 249), but such privileges are bru-
tally denied under the harsh and vigorous pro.
visions Of this unprecedented law. The private
complainant, who personally has suffered no
injury whatever ut tho hands of the newspaper,
IL permitted to dictate in what county of the
State the indictment shall be tried, and the de-
PENDANT is powerless to secure a change. The
commonest felon Of tho State could hardly be
treated with less courtesy and consideration in
the administration Of the criminal law.
SUCH A LAW ITSELF A GRIMM.
I pass over the provision which requires the
Attorney-General to bring an action to forfeit
tho charter of a newspaper corporation, and to
injure by the summary remedy of an injunction
tho circulation of the paper, not after there
have been final convictions duly affirmed by
tho court Of last resort, but Immediately after
convictions IN the original court and before tho
expiration Of tho time for review. Neither do l
stop to consider those provisions which as
sumo that everybody is bound to know when
there have been two convictions of members
of a newspaper staff, and which permit prose-
cutions against innocent people who thereafter
''seli, distribute. or circulate" such newspaper,
these and several other obnoxious pro-
visions are oil part and parcel of the general
cussedness Of the whole measure. and require
no special comment.
1t 10 possible that the very enormity, severi.
ty, and recklessness of the bill may prevent
any conviction Hereunder, which is often.
times the case with such unpopular and opprcs-
sive statutes. But nevertheless, in the hands
of an INSCRIPTIONS District Attorney. with or
without the compulsory assistance Of irrcsponsi-
Bile private counsel, backed by a combination
Of powerful political Influences bent upon the
destruction, of their critics. a prosecution
under this bill can be made a dangerous instru-
ment Of oppression, annoyance, corruption,
and injustice. 1t is said that Notwithstanding
its outrageous features and fatal defects, the
bill is sure to pass the Legislature and become
a law. by reason of the potent influences sus.
pected to be behind it-and 1 assume this may
DO true. So much the worse. then, for tho En-
pire State.
Its enactment will be a mistake-a blunder-
and a crime. Very respectfully,
ALBANY, March 5. DAVID B. HILL.