POSTMASTERS' POWERS.

Auckland Star, Volume LXI, Issue 237, 7 October 1930, Page 3

POSTMASTERS' POWERS.

PRESS CONFISCATION. MR. HOLLAND'S COMPLAINT. STATEMENT BY MINISTER. (By Telegraph.—Parliamentary Reporter.) WELLINGTON, Monday. The opinion that law courts instead of postmasters should determine whether matter appealing in a newspaper is libellous, in relation to possible censorship, was expressed by the Hon. J. B. Donald., Postmaster-Generalj in the House to-day. The- question was raised during tiie debate on the Postal Estimates by Mr. If. E. Holland, Leader of the Labour party, who said that while Labour members of Parliament and members of the Samoan race, were libellously and scandalously attacked, the Postal Department took no action in the matter, but when the Samoan Administration and the United Government were attacked, the newspaper concerned had its whole issue confiscated. "I do not propose to deal with the merits or otherwise of what appeared in the 'Samoa Guardian,'" added Mr. Holland. "What I am concerned with is that a postmaster should have the power of judge and jury to decide whether the matter published is libellous. -That, unquestionably, i≤ a question for the law courts." Explanation Wanted. Mr. Holland, while recognising that the Hon. J. B. Donald was not the head of the Department at the- time, asked the Minister to reconcile the failure of the authorities to take action over a radiogram dispatched on March 13, 1925. containing what ho described as scurrilous slanders against himself and the people of Samoa, with the action taken recently against the "Samoa Guardian." Ho objected to the principle of the thing, and he considered that where action was taken it should be through the ordinary processes of the law. To clothe a postmaster with the power to declare that a newspaper contained libellous matter, and to order the confiscation of a whole issue was intolerable. Even if the Minister could prove the matter in that particular issue of the '"Guardian" to be libellous or slanderous, it would not be anything approaching the nature of the matter contained in the radiogram of March 13, 102S—statements against himself and the people of Samoa, which were proved to be entirely devoid of truth. The Minister was asked to explain why the Departmental officers had adopted a onesided, attitude, and to announce to the HYmso that the powers postmasters at present had would be taken from them and that the law courts would be. allowed to decide. Court Action Preferred. "I don't believe in making lish of one and fowl of another," replied the Hon. J. B. Donald. "As far as New Zealand newspapers are concerned, it does not necessarily follow that when they libel a person they have gone through the post. If they don't go through the post, no action can be taken."

Mr. Holland: You don't suggest that tlic Auckland "Herald" and the Wellington "Dominion" don't go through the post.

The Minister: (>ome of them may. 1 agree, however, that it is better that action should bo taken through the courts titan by postmasters. Mr. P. Fraser (Lab., Wellington Central) said the opinion expressed by the Minister was very satisfactory, and he trusted that it would be put into practical effect. He trusted that the power of discrimination would not continue to be in the hands of the postmasters. The Minister: They don't want it. Mr. Fraser: I am sure they don't. Xo sensible person would want it.