The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1925-03-19


the people Of Monsena will not forget
it, and am sure it vilAbe commended
j by the readers Of the Independent If
they are but appiised o. what il was.
Before the Attorney General at his
office and on the floor both in secret
and open session. protested against
the rank injustice of bringing Senator
Wheeler or any citizen OF my state
with whom it IN charged he conspired
to defraud the United States, $500
miles from home TO put them upon
trial In the District of Columbia when,
as the Attorney General admitted, up
on being inlerrogated before the judi
ciary committee, the law equally au-
thorized the institution of the pro-
ceedngs in the State of Montana. In
the open session ! paid my~.Fespects
to some partisan newspapers which,
, quite In the spirit manifested by the
editorial occasioning these remarks,
assailed me for doing so in the dis
charge of plain duty owed by me to
my constituents. The protest voiced
by me wns seconded by Senator Borah,
Reed and Bruce. 1t is 10 be under
stood that the Independent endorses
chat kind Of justice? Not q word
was uttered in defense of II on the
floor Of the senate.
The Independent has had little pa
tience with criticisms of the supreme
ca rt OF the United States. Perhaps
ii will concede to that tribunal some
accruate acquaintance with the prin-
i ciples Of justice. In somewhat his
toric case IL held that an indictment
/. In the District Of citizen of Cal
ifornia was properly returned there
though II might also have been return
Il ed to California. and, after setting
out the reason impslling 1t to that con-
elusion, added
"But we do not wish to be under
" stood an approving the practice OF IN
dieting citizens of distant states in
the courts Of this District, where an
Indictment will lie In the state OF the
domicil of such person, unless IN ex-
-LeantIonal eases, where the circunl-
STANCES seem to demand that TINS
course shall be taken. To require .
citizen to undertake long Courtney
! across the continent to face his ac
cusers, and to incur the expense O
taking witnesses and Of employing
counsel In distant city, involves
- serious hardship to which he ought no
10 be subjected If the case can pc trie
in court Of his own jurisdiction.
,u Hyde v. Shine, 100 Y. y.
page rs.
In another famous case In which a
editor was indicted In the District fc
~ ~ alleged criminal libel perpetrate
~ through an article In a newspaper put
- :. lished in Indiana, but which came !
!. - due course Of mail into the Distric
ia the press Of the country resounde
s~- with denunciations Of the attempt thu
!. to bring him to trial far from his non
~ and In locality peculiarly under ii
influence of the administration, ben
on furnishing culprif falling unds
it's disfavor.
Probably the editor of the Indepei
- dent would view my course In SONS
what different light IL he were dragge
down here for trial for an allege
libel on some government official Q
lQ high station. What sort Of represer
| tative Of the people of Montana woul
be If did not, under such circun
w stances, protest that the courts 0
1S Montana are open to the government
and ought to be resorted to rathe
9 than those of the District. To sa
1o nothing Of the powerful influence
that would here be arrayed agains
the editor of the Independent in tn
e. case supposed, he would be obliged |
n employ at great expense local cour
sci and more than that be under tn
" necessity Of bringing here, at his ow
s., expense--an APPALLING burden--an
~ witnesses he might desire to call
his defense. Every witness calle
w would cost approximately $4,000. H
might indeed have the witness sut
- poenaed at the governments expens
1o if he pleaded the pauper act. In whic
LII case he would be compelled to set ou
70 at length the testimony he expecte
to adduce from them. Even then tn
w fees allowed by law would not cove
sS the actual expenses OF the trip. Wit
=, nesses now here called by the govern
~ ment in the investigation in progress
A. before the grand jury insist that the
IN suffer financial loss; indeed canno
meet their expenses on the fees al
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