The news & observer., 1898-01-16
EMOTIONS ALL GRANTED -
Judge Lacombe Hands Down an Tmpor
tant Decision.

New York, Jan. 15.-Judge Lacombe,
in the United States Circuit court for
the Eastern District of New York has
handed down a decision granting the mo-
tions made on January to set aside
service in the cases of VIM. S. Brewer
and the Union Associated Press against
the following newspapers:
Louisville Press Company; Journal
Newspaper Company, of Indianapolis;
Evening News Association, of Detroit,
Michigan; Commercial Tribune Compa-
ny, of Cincinnati, and the Inter-Ocean
Publishing Company, of Chicago.
These actions were originally begun In
the New York Supreme court in Queens
county, but weAS thereafter removed by
the defendants 6nto the United States
court for the Eastern District of New
York, and the motions to dismiss were
noticed before Hon. Judge Tenney. On
account Of his death, the motions were
transferred into the Southern District
and we're argued before Judge Lacomhe
This decision practically reverses the
decision made in the case Of Fontana
against the Pittsburg Chronicle and the
decisions made by Judge Tenney in the
cases of Brewer and Union Associated
Press against George w. Knapp and
Company in 81 Fed. Rep. 6Q4. This deci-
sion viii force the plaintiffs to an APP
peal to settle this jurisdictional question.
The following is a copy of the deci-
sion:
The facts in all these cases are more
or less similar to those rehearsed in I'm
ion Associated Press VS.. Times Printing
Company Circuit court Southern Dis
trict of New York, October /, and Octo-
her % 1S97,) and IN Brewer VS.. George
w. Knapp and Company, 50 Federal
Reporter G94.
Upon consideration of questions pre-
scented, / am by no means confident
that my former decision in the Fontana
case was correct or that Judge Tnnpey
and myself we're right in holding that the
several individuals served with process
We're magazine agents OF the defen-|
dants.
II am, however, more than ever inn
pressed with the Importance OF having
this jurisdictional point decided in each
case, before the time Of the court Ia CON
sumed in trying the merits OF the con-
troVersy. Here we have Gneludiug the
cases named in the caption and the
others ON the calendar), nearly so libel
suits all brought by the same parties n
gatnEt different newspapers located in
widely scattered States, with no suggeB-
tion that the libel was ever published or
circulated here by defendants or that
they ever done anything more in the way
of business here than to solicit advertise
ments through some advertising agent,
who in most cases acts as advertising
agent for some other paper and has no
control over the rates to be charged or
the space to be given. 1t is hardly to
be supposed that Congress intended the
Federal Circuit courts to exercise such
comprehensive and far-readhing juris-
diction, except when a case coming strict
" within the language OF the statute is
made out.
'"The proper disposition to make Of this
entire group of cases would seem to be to
grant these motions. BY reviewing such
decisions in some test cases the plaintiff
may have the jurisdictional question SET
tied, and neither side be exposed to the
unnecessary burden Of trying the case
on the merits with the chance of the Ap-
pellate court setting aside the Judgment
for lack of jurisdiction. The question