MARXIAN PRINCIPLES.

Auckland Star, Volume LVIII, Issue 88, 14 April 1927, Page 9

MARXIAN PRINCIPLES.

"THE PATH TO POWER."

BOOK ENCOURAGES LAWLESSNESS.

HODGSON FINED £U>

"1 hold that defendant sold the book, which encourages lawlessness, contrary to the War Regulations Continuance Act, and for that offence he must be convicted."'

So said Mr. W. R. McKean, S.M., in promuluating judgment at the Police Court this afternoon in the case of Walter Hodgson, a waterside worker, who was last week charged with selling to Detective Robertson a document entitled "The Path to Power/' which encouraged lawlessness and violence, contrary to the Act.

Mr. McKean said that regulation 4 of the regulations made under the War Kegulations Act, 1914, provided that "no

person shall print, publish, sell, distribute, have in his possession for sale or distribution, or bring or cause to be brought or sent into New Zealand any documeut which incites, encourages, advises or advocates violence, lawlessness or disorder, or expresses any seditious intention." By the War "Regulations Continuance Act, 1020, certain regulations as adapted for the purposes of the Act, and set out in the schedule thereto, were continued until revoked by the GovernorGeneral in Council. The regulation under which defendant was charged was continued.

'•With the question of the expediency of the regulations, I am not concerned/' said the magistrate. "What I have to do is to determine whether the pamphlet encourages violence or lawlessness. The pamphlet is published by the Communist party of Great Britain. It sets out that that party is organised 'to assist workers in their struggle to overthrow the capitalist and landlord class,' and is 'banking its strength in workshop, factory, mining and railroad groups—the heartstrings of the economic process'— with the view, no doubt, to the appropriation of existing means of production and distribution. To attain these ends the Marxian principles of class struggle are advocated, and the pamphlet is really an open declaration that the ends of the party are to be attained, not by any peaceable or constitutional means, but only by the forcible and violent overthrow of the existing social order. A penalty of £100 is provided for the offence. In this case I think a fine of £10 will be sufficient."

At the hearing last week Mr. S. L. Paterson prosecuted, while Mr. L. P. Leary appeared for Hodgson.