Year: 1874

difficult to discover the author of this extra
ordinary enactment. slight examination
will show that it violates some Of the most
familiar principles of equity upon which our
sta.ute law is founded The bill first confers
upon the Criminal Court OF the Distrlct Oh
Columbia jurisdiction of all crimes and mis-
demeanors committed in said District not
lawfully triable in any other court, ana we
have already shown. first, that libel is one OF
the offenses of which the Criminal Court ~
thus given cognizance; and secondly, that the
crime of libel is held to be committed IN any
place where the paper containing 1t chances
to circulate In the next place, the Dill
of Mr.. Poland extends to all courts
created by act of Congress in the DIS
trict of Columbia-even the petty police
courts" the provisions of the 33d section oil
"the Judiciary Act of 17S0." That section
enacts that for any crime or offense against
the United States, the offender may be arrested
and imprisoned by any justice or judge OF the
United States, for trial before such court of the
United States as has cOgnizance or the onense.
The Judge is not confined to his own district,
but his warrant Will run in any part OF the
United States. The judge Of the district where
the arrest is effected must then issue writ
for the removal Of the offender and the wit
nesses to the district in which the trial IS TO
be had. Now of course there are many
cases in which a law of this kind is just and
benefcent. The "oifenses against the United
States contemplated by the trainers OF the
Act of 1889 were crimes against the Govern
ment or the people at large. But IL never
entered into their minds that violation
of the statutes for the local govern
ment of the District of Columbia should
be treated as q crime against the majesty OF
the nation. Least of all did they suppose
that wrong done by one citizen to another,
for which the State laws afforded an ample
remedy, would be raised to the dignity OF a
national offense. The District being governed
by Acts of Congress, every violation or its
laws is an offense against the United States,
and the effect Of the recent legislation lnstl-
tuted by Mr.. Poland is to give the meanest
magistrate in Washington power which IS
not possessed by the highest courts Of any State
IN the Union. The Washington police justice,
sitting in his seven by nine courtroom, may
issue a warrant which must be respected on
the shores of the Pacific, and compel the ac-
cused to make journey of 5000 miles to be
tried. The alleged offense may have been
| committed, not where the trial takes place,
but where the prisoner lives, and SO the wit
nesses must also be brought across the con-
| tinent.


Whatever may have been the original object
of this law, its principal effect will undoubtedly
be to punish newspapers more effectually for
| attacks upon Congressman. Courts, judges,
and subordinate court officers in Washington
| Of ronUrala If wOulu he
strange if they did not look with benevolent
eyes upon the politicians who made and can
unmake them. 1t would be strange if an in
huenta Senator or Representative going into
one of those courts could not get such jury
as he wanted. An unknown prisoner, brought
from distant city to answer the charge OF
slander, would have but small chance of an i'm
partial trial when the judge was dependent
upon the prosecutor and the jury were his
! trades-peOple. But even il there should
be no conviction, the accused would
| still have suffered severe penalty IN
| being dragged so far from his home
and business, and held it may be
for weeks under arrest. Only courageous and
public spirited journalists will expose them
selves to such risk but fortunately there
| are many such men in the profession. The
| next effect of the law VIII be TO facln-
tate vexatious suits Most of the actions for
libel brought against newspapers are sham
prosecutions begun either for eclat or extor-
ton. The complainant in such cases never
means to go to trial, for he is con-
scious that he must be beaten If he
does. If his object is merely to "hurl
"backr charge against his character
he is satisfied when he has taken the prelim-
inaries to an action and had. the fact duly
noticed in the papers, and the suit is never
heard of again. If he wants money, his
counsel soon approaches the defendant with
an offer Of compromise - like the gentleman
who sued THE TRIBUNE for $1,000 damages,
and proposed to settle the case for $3.50.
| Suits of this kind will of course be more
frequent than ever Wien an indictment insti-
tuted on the ex parte information of the
complainant entails the serious and possibly
ruinous consequences provided by Mr.. Polands
law. 1t would not be much out of the way to
call it law for the encouragement of black
mailing, and it is no wonder the authors of
| its being are ashamed of it.


|