SUBVERSIVE.

Auckland Star, Volume LXXI, Issue 93, 19 April 1940, Page 8

SUBVERSIVE.

PRINTED REPORTS. FIVE MEN CONVICTED. PREJUDICING RECRUITING. FINES TOTAI. £190. Fines totalling £190 were imposed to-day by Mr. W. K. McKean. S.M., in his reserved judgment in the cases in which five defendants were charged with publishing, printing, or facilitating the publication or communication of subversive reports in leaflets or articles or in the newspaper 'The People's Voice."

The defendants were Donald McCarthy. 85, Vermont Street, Auckland; Cyril John (iould. 4S. Ponsonby Road; Walter Ashton. :$. r >, Upper Queen Street: William <Joss Dickenson. 48. Poneonby

Road; Frank Simpson, printer, I.'i. Wakeh'eld Street. Mr. Hogben appeared for Ashton. Gould and McCarthy. Mr. Haigh appeared for Dickenson. and Mr. Dickson for Simpson. Mr. V. R- Meredith and Mr. N. I. Smith appeired for the Crown.

"The first point to be dealt with, said Mr. McKean. was raided by Mr. Haigh. who contended that it had not been proved that the regulation relied »>.pon was in force when the Emergency Regulations Act of ifWO was passed. The regulation was one of a number mad-? by Order -in -Council under the Public Safety Conservation Act. 1032. on .September 1, W:JJI. These regulation-; were, by section •'.. of the Act «f IMS. passed oil .September 14. 1!»3!». declared by Parliament to have been properly made and to be of full effect.

"I do not know in what way proof is deficient, but if it were, it would be Illy duty, even at this to |H?rmit production of any oflicial document that might l>c necessary. Justification Of Other Wars. "As to the leaflets and articles, the subject of these proceedings. I am unable after reading them to think tint theyrepresent the honest views of a section of the community opposed to war and anxious only by lawful means to persuade others to accept their \iews. for I gather that it is this war that is an unjust one, but other wars may be juetilied.

"The iiiva.-icii of Finland by the Soxict is .-omething that calls for commendation and is referred to as a march of liberation. The war in which we are engaged is. it is asserted in the articles before me, not being fought t.» save democracy, but *- mc.elv an attempt by Imperialists and warmongering jK.liticians to solve their problems at the expense of workers and middle classes. Assertions in Articles. "It is averted that Britain armed Hitler to lead an attack on the Soviet that Britain and France did not want peace, that soldiers are being sent to •lie by people who stay at home and rake in big profits, that soldiers will come home to find that they have l<v*t at home all the things they believed tliev «e,e fiphting ,„ defend, that Labour leaders have deserted the cause of the working class and'are asking workers to die for a cause not their own. ,hat Bolshevik* alone stand for the workings and n ga inst . th(Mn it u U|p £ .anUrs and trust magnate, to switch the war. en id Mr. McKean

"A consideration of the statement hemselves and of the manner in "f, !h ink !, ,r.,7l' ,rCSSC<, ,IWS " Ot makc «" think that those resrHuisible wish mere'v of t≥ a] r ut '■■ lawfui m —»"»- Mr V I I 5"" "° l " l,lnind '«l of what otl e°S" r-l a,H,Ut lhe fw « ] <'n of the I ress and hbertv of exi.ression Ihere never has I™, such a i\,\Z ** absolute libortv of exi.ression „ 7 - times of war Govern eu hi. ," deemed subversive reports ami hi "ibited pubiieation SPJih ,^

Question of Recruiting tbe recruitin « o f 'Every one of the leaflets and article* produced « a breach of " and it is not necessary f Or the tion to prove intent. Our L= commuted to a w ar and our la e Prime Minieter said he would challenge "nv honest and intelligent man to 2? U a t we could have etood out. '

"The Government, though opposed to conscnpt.on, has from the outJeTmade considerable efforts to encourage voh.u tary enlVtment*. It is natural ~ he .o ,-u1.1■.,„,,„ ~f .t.tomen.. like v to iiilerfen- with i hat |.ff..n v- , J.f '".; kW in have been made iiml ih aUn , , if mm Sii ....i."^,.; , ;,:;::;;;: the recruiting of Hi, JUjWyi K,,r«.< "As I have said it is not so far as Regulation 14. Paragraph 'i » concerned that Mich statements should be intended to prejudice recruiting, but if they were not intended to have that effect, it is difficult to under st»nd why they pvbiiehed."

"Communism Not Prohibited." Mr. McKean then heard submission* of coun*el. Mr. Dick«-on. on behalf of the printer Simpson, said that hie Hj*>nl was not a Communist and did not subscril»e to the political view* expressed in the pamphlets. He merely accepted the printing of them as a job of work.

Mr. McKean: It does not seem to m% In lie of any interest to know whether he i* a Communi*t or not. (.'ommankn as a political belief is not prohibited in this country.

For Aehton. Could and McCarthy. Mr. Hogben stressed the fact that these men heJd strong political vie/ws. but were absolutely sincere. He pointed out that it was not until five month* after war began that the authorities had taken action.

Mr. Meredith said it •β-a* obvious tbet any matter tending to retard New Zealand in defence of the national safety was grave indeed. Such statement? ae were involved in these cases a**i>n>d the enemy in undermining the war effort.

In remarking that the sincerity of the men was assumed, though be himself had great difficulty in thinking that the truth of some of their statements could lie believed, the magistrate said the question of sincerity could not l»e taken into consideration if the (Jovernment laid d")«n that such statements wore to be prohibited. It vos obvious fr«.in ih« |>cna]ties provided for that the (iovcmment was determined to stop the publiration of such reports. He mentioned that, the regulation* provided for a penalty of £100 or three month** imprisonment or both.

Mr. McKean then inipor-od the following fines: Ashton. Gould and McCarthy, £-20 on each of two charges-—« totai of £40 each: Simpson. £10 on each of four charges—also a £40 total: Dirk en son. £.'?0 on one charge. Cost* 10/ wcr< ordered in each case.