SATURDAY, AUGUST 3, 1895. THE DEFAMATION BILL.

Evening Post, Volume LXI, Issue 30, 3 August 1895, Page 2

SATURDAY, AUGUST 3, 1895. THE DEFAMATION BILL.

We osnnot ssy that we are surprised at the diaouasion on the Defamation Bill in Committee. Ministers are opposed to the liberty of the press, and' they are also opposed to giving the public any information regarding their politioal doings in the colony. This has been evidenced, not only by the rejection of the Defamation Bill, bat by the open refusal of returns and of any information to the Honse. The members of' the' Ministry have also felt the sharp oriticiam which they nave been subjeoted to by the Now Zealand press, and it is not surprising that they are seeking, in their paltry way, for some revenge. We may mention that the only alterations in the existing lair, proposed by the Defamation Bill were praoI tioally three. First, the English law as to reporting pnblio meetings was adopted. The Libel Amendment Aot of 1888 passed by the English Parliament protooted a newspaper from libel aotion if it published a fair report of a publio meeting where the report wis without malioe and for the interest of Uie pnblio, even though some of the speakers at that meeting had used slanderous expressions; secondly, a report of proceedings in a Court of Justice was to ba privileged ; and, thirdly, the Queensland and New South Wales law abolishing the distinction between oral and -written defamation was to be adopted. These were practically the only amendments of the law prqposed by the Bill. The remainder was a mere codification of tbo law of libel aa it exists in New Zealand. Instead of having to quote textbooks or reports of oases decided in the Courta, the law was embodied in the Statute j and because it was embodied in the Statute, the Honae, at the dictation of the Government, rejeoted it. It has ever been the habit of Tories to ret ase liberty to the press, and we are not therefore surprised that the present Ministry, whioh is not liberal save in name, should have with the aid of its supporters thrown out the Defamation Bill. We presume that the matter must rest until a really Liberal

Ministry is in possession of tho Government B«neho;s. Tho dobnto, however, requires a few words of notce. Wo exceedingly regret that Now Zealand should havo to show to tho outer world tho lamentable spectacle that was witnessed on Thursday night. Tho Treasurer lud off the attack. Wo doubt if ho had over road the Bill uarefully. He certainly had not read it with understanding. Ho began by saying that lie objected to sevo.-al provisions of tho bill, and wo shall mention a few of them to show what knowlodge of the law of libel he possesses. Ho said ho objected to section 15. Section 15 is at follows : -" it is lawful to " publish defamatory matter if tho matter " ia true and if it is for the public benefit " that tho publication complained of should "be made." Wo need notstato that this is the existing law. Tho truth of a libel has always been an answer to it, but apparently Mr. Ward thinks that tho truth of a libel ought not to be at answer to it, especially if it is a member of tho Houso who complains of the defamation. We are not in tho least surprised that Mr. Ward should take up this position. The truth has on some occasions beon very awkward for him, especially with referenco to the three million securities. He also objected to section 14, which is as follows : — " 14. Whother a comment is or is ' not fair i 3 a question of fact. If it is not " fair, and is defamatory, the publication of "it ia unlawful." Aud ho knew so little of the Bill that reading section 3 — whioh ia as follows : — "3. Any imputation concerning " any porson or any member of hia family, " whother living or dead, by which the repu- " tation of that porson is likely to bo injured, " or by which ho is likely to be injured in " his profession or trade, or by whioh other " persona are likely to be induced to shun, " or avoid, or ridicule, or despise him, is " called ' defamatory.' and the matter, or, the " imputation, is called ' defamatory matter.' " Tho imputation may be expressed either " direotly or by insinuation or irony " — he complained that this also was an alteration of the law. We need scarcely point out that it is a mere interpretation clauaa of the Act, and is practically the existing law. Tho seotions of whioh he complained moat were and aro the law of Now Zealand ; bat he does not seem to know what the law of libel ia, and this may, porhap3, explain why he is ever threatening journalists with libel notions when he is criticised. It is vory evident that he does not know what libel means. Tho objections urged bj' some members wero to tbo publication of proceedings of a Conrt of Justice, aud proceedings at a public meeting. Wo have already said that this ia tho English law. The report in a newspaper of a publio meeting must be published in good faith, and the report must relate to matters of publio ooncern. And it is defined that a publication is made in good faith when tho person who makes it is actuated by no illwill or any other improper motive ; and yet the majority of tho House rejected the nionsnro. We would point out that tho Bill has been tho law of Queensland for many years, and haa worked admirably there. The new provisions in it referring to reports of public meetings and Courts of Justice havo boon the law in England sino9 1888, and no damago has resulted. Tho fact is that the majority of the present Honse do not know what real Democraoy or Liberalism means. Thoy are simply there to vote as tbey aro told by Party Whips, and they obeyed the Whip on Thursday night.

Tho House has in tho most impartial manner read for a second time LJlu Mr. M'Nab's Licensing Bin and the Ministerial Bill on ilio came subject, in each cau 'without a division. It "'cu!d be difficult to say what prinoiplo or how many principles of a conflicting character it has thna ondorsed and approved. Somo peoplo, indeed, might say that the impartiality shown indicates an entire absence of prinoiple on the part of the House, and we are by no maims anro that such a criticism would not bo justifiod. Tho House, howoyor, cannot long continue to oxerciso such impartiality regarding tho two Bills. It will havo to choose which Uill it will go on with, if either. Probably tho moat satisfactory manner of clealiug with the question would be to drop both Bills, and leave them whore they are. Neither is a good Bill ; in fact, eaoh is a vicious Bill in the matter of prinoiplo, and until the House ia prepared to legislate upon tlio liquor question in a com-mon-sonse and reasonable manner, tha beat thing to do is to leave tho law as it is. No legislation will be satisfactory which foils to provide for somo finality in dealing withthq licensing law. The chief blot on tho present Bills is that they provide machinery for continual and perpetual agitation, and, in f ict, do everything they can to prevent any definite conclusion or settlement being arrived nt. The question of Prohibition should be fought ont onoe for all, and the result Bhould be conclusive until there is such a revulsion of public opinion evident as to givo good reason to believe that a fresh appoal would lead to a reversal of tho forirer judgment. But the triennial tests of strength provided for in each of the Bills are most objectionable. They preeludc all possibility of final settlement, and keep up a perpetual and most mischievous agitation.

Tho journalists of New Zealand are to be congratulated on the passage of the Hill incorporating their Inatitnto. They are now placed on an equality with tho journalists of Great Britain, and will no doubt soon be able to complete negotiations for affiliation to the British lustituto. When its membership is extended so aa to include proprietors of newspapers the Institute will bo a very powerful body, aud should bo able to exercise much influence for good in connection with the press of tho oolony. The thanks of all Now Zealand journalist? are heartily due to Sir Robert Stout, the Hon. W. M'Cullough, and tho other members of tho Legislature who have assisted in passing the Act of Incorporation.

On the fourth page we publish our reports of Parliament and of the meeting of the Anti-Chineae League, sporting news, and letters to the Editor. Wo regret to learn that Mr. Justice Riohmond is in a serious condition to-day. He is now suffering from a very severe attack of inflammation of the lungs." Messrs. Luko and Co., Limited, havo demanded from the Post and Telegraph Department a public enquiry into certain allegations made in regard to their nae of the telephone service. . A deputation — consisting of Messrs. J. Nhol, F. H. Fraser, D. Gain, J. Collins, G. Petheriok, Cohen, Ziman, and Thompsonwas introduced to tho Piemier and Colonial Secretary by Sir Robert Stout yesterday afternoon, to oppose the issue of a charter for a proposed now working men's club at the corner of Tory and Buoklo streets. The Ministers replied that tho Cabinet considered tho matter two months ago, and deoided that no charter ahoukl bo granted until the licensing legislation had been' disposod of, when all clubs would come nnder the new Aot. They assured tho deputation that nothing would bo dono in the event of an application being made at present. It turns ont that the defeated oandidate for South Dawn, who addressed the eleotors in the bitter terms sot ont in a cable message yesterday, is Dr. Rowan, late of Melbourne. The interest that would naturally attach to the candidature of an ex-colonist aeeounta f • r the departure made from the usual practice of the oable agenti last week in sending ont tho majority by which a sitting member (Mr. M'Cartan) was re-elected. Tho Chief Justice will preside at tho criminal fittings of tho Supreme Court, which commence on Monday. The Conference of delegates from tho various Education Boards in the colony will commence at the Wellington Education Board's Building 3on Wednesday next. " A Shiitruaker " writes as follows .•— Will you allow me, through the medium of your paper, to a3k Mr. Rosa and other gentlemen wbo are interesting themselves in the welfare of the poor people to prevent the measure contemplated by tho Government of transferring the shirtmaking industry from New Zealand to tho English manufacturer?" Evidence was takon before tho Stipendiary Magistrate yesterday morning in a Woodville case, atising as follows:— In a hurdlo race run at the Woodvillo races on tho '4th April, a horse- called Wheriko, ridden by George Hope, foil at tho hurdle near the grand stand, the horse being disabled and the jockey rendered insensible. The jockey was removed, and tho homo pulled over to tho aide of the track. When the remaining horses were entering the straight, W. H. Frewin rnahed on to tho "course and waved his hat with the intention, it is said, of warning the riders to keep dear of the fallen horse, and preventing further accident. The olerk of the course {George Peebles) seeing the plaintiff on the track, and considering his position dangerous, rode up to him, and, it is alleged, slashed him across the face with his whip, inflicting a wound above the eye. Frewin is now suing Peebles and W. Nicholson, Secretary of the Jookoy Club, claiming .£IOO as damages for the assault. The case will be completed in the Woodville Conrt. Mr. Haselden appeared on behalf of the plaintiff, and Mr. Wilford for the defendants. An article in the Supplement to this issue gives some particulars of the Christchuroh Meat Company's factory, at which the famous "Morepork" brand oE bacon is manufactured. At the Magistrate's Court this morning, Martha Webb was fined 10 j, or in default 4S hours' imprisonment, for drunkenness, and a firßt offender, also a woman, was fined. An inquest was held yesterday afternoon at the Hospital on the body of Henry Oben, a late inmate of the Mount View Asylum, oommittod from Blenheim in 1888. The jury returned a verdict of Death from Natural Causes. Mr. Reuben Morrish was foreman. A 6 a well-attended meeting of the Wellington Prohibition League laßt night the Government Licensing Bill was considered. Resolutions were unanimously passed strongly condemning the complication of the ballot-paper, and the neutralising of the Temperance vote by tho repeal of the provision in the existing law nnder whioh nclioense votes are counted for reduotion if no-license is not oarried ; and suggesting that the minimmn instead of the maximum reduotion should ba fixed at 25 per cent. Strong objeotion was also taken to the provision for an inoroase of lioenses as retrogressive and unwarranted by publio opinion. A sab-committee was appointed to examine and report npon the details of the Bill before further aotion was takon by the League. , The Seoretary waa instructed to write to Mr. Dnfchio, M.K.R., asking for an explanation of his alleged acousation of bad faith against the Prohibition party. A meeting of the Women's Demooratio Union was held last night, Mrs. Kinniburgh, Vice-President, in the ohair. A resolution was passed that a. petition be sent to the Hoase, asking that the Ladies' Gallery be thrown open free to women during the session. . ■„,...- .■ , ■ ■ The list of winning numbers in the Wellington Poultry Show art union is published in our advertising columns. The last two nights of the Australian Merrymakers' performances at the Criterion rheatre are advertised. ""■■-', >.

The conduotors of the soup kitchen in i Oourtenay • placo acknowledge receipt of contributions aa FoDows : — Hread from Mosdames West, Wilkinson, and Eotheram, Blossra. Erakino, M'Ewen & Churchill, and A Friend ; groceries from Mra. Hialop and Mr. Jamioaon ; vegetabloa from Mesdames Campbell and Gillespie, and Mr. Burbidge; split peas from Mra. Pinny ; Boones, &0., from Mra. Godber ; barley from WardeH Bros.; meat from tlio Gear Company; vegetables, broad, and moat, from Mra. Veitoh j and a donation from Mrß. Sinclair. The ladies in obargo of (ho kitchen since last report have been— MeadamC3 Chappie, Smith, Hialop, Campbell, Glasson, Dnmbell, Brown, and Siater. A prosecution under the Bankruptcy Act camo on before Mr. Martin, S.M., this morning, when I homas Dioksou waa charged with having committed a broach of the Bankruptcy Act by failing to keep proper books for three years before hia bankruptcy. Mr. Hiulop appeared for Dickson, and Mr. Gully prosecuted on behalf of the Official Assignee. Mr.'Hislop asked his Worship to deal with the matter summarily. Mr. Gully briefly stated the facti of the oaso to bo that the books did not show the accused's indebtedness to other people, and that he kept no cash-took or bill-book. The result was tint ho owed .£I2OO more than appeared at the time of the filing of his petition. There was no suggestion of fraud on the part of the bankrupt, but merely carelessness. His Worship Bald there was no nse in Bonding the man to gaol. Mr. Hislop said Dickson'a excuse was that he knew no bettor ; the books had been kept on the same system in tho firm in which he learned his business. There should be some public officer, Mr. Hislop contended, to whom people in doubt might apply for instruction. Considering the difficulty somo people appeared to hare in understanding the publio aocounta, it was small wonder if private accounts were sometimes wrongly kept. His Worship adjourned the case for a week, in order to find out tho accused's system of bookkeeping, and allowed^bail to Dickson in £10 on his own recognisance. The case in which B. F. Divy is charged with applying tho trade mark of Joseph Wortheim to a box o£ sewing machine appliances with intent to defraud, was continued before tho Stipendiary Magistrate to-day. Yesterday Mr. Jellicoo, who appeared for defendant, contended that a trade mark was property j that Joseph Wortheim, being an t,lion, was incapable of holding property in New Zealand ; and that tho trade mark in question was invalid, because it had not been renewed in 1891. His Worship this morning sent the case for trial, bail being allowed in one snrety of £10, but said he would give no directions for prosecution at the public expense. A presentation was made at the Wellington Hail way Station last evening to Mr. W. Turner, who has been promoted from the position of aoting-gnard on tho WellingtonWairarapa lino to that of guard on the Danevirke seo'.ion. Tue.gift consisted of a bißOuit barrel and a gold pendant for his watchchain, and was made by Mr. Stylos, stationmaster, on behalf of tho Wellington staff. The Stipendiary Magistrate yesterday declined to enter up a nonsnit in tho civil case K. W. Mills and Co. v. Richard Bond and Cathorine Soward, a olaim of -005 4s for materials supplied for +hj erootion of a cottage in Soar juroUßn-torraoe. Mr. !<kerrett ",)(juaro(l for tho plaintiff firm, Mr. Jellicoo for Mrs. Soward, and Mr. Wilford for Bond. The hoaring of tho case will be continued on Tueadav next. Tho Mayor of Wellington has consented to presont the prizes won by the scholars at tho recent Snnday-school examination on Monday evening, in the Wesleyan Schoolroom, Taranaki-streot. A number of fine limoiight views will bo oxhibitod at the gathering. Mr. Roderick Morrison, chief ongiuoer of tho Celtic King, which at ona time traded to New Zealand, has been proaented with a Royal Hnmane Society modal for the placky rescue of a man who fell into the Royal Albert Dock on Ist December last. The man was standing on the quay as the steamer was moving away, and losing his balanos he fell into tho dock. Mr. Morrison jnmpod in after him, and secured him with a rope, and he was hauled on board. Mr. Morrison id a brother of Mr. I>. Morrison, a chief engineer in the Union S.S. Co.'s service. Evidence was taken yesterday for tho purpose of being forwarded to . Christchurcu in the case brought by Samuel Barrett, of Christchuroh, against the Union S.S. Co., to recover £200, tbo value of a case of furs alleged to h»vo beon shipped by the s.s. Takapuna from Wellington, and whioh failed to reach their destination. Mr. Edwards appeared for the plaintiff, and Mr. Wilford for the defendant company. Mr. E. B. Izard, who has always taken a prominent part in athletics in Wellington, has been transferred to the Bank of New South Walea at New Plymouth. In a case in the Magistrate's Court this morning H. Young, baker, sued Kate Carter, shopkeeper, for wages alleged to be due. His Worship joined Thos. Carter, tho son, as a defendant, and gave judgment for Kato Carter with £1 Is costs, and for tho plaintiff aa' against Tbos. Carter for £<j and 5s costs. The case was a re-hearing from the 23rd ult., when Kate Carter was in Court and did not hear the oaao called. Mr. Beoro appeared for tho plaintiff, and Mr. Wylie for the defendant. A curious accident occurred on Lambtonqnay this morning. A sheet of paper was blown into tho face of a. horse whioh a man was leading ; the animal turning suddenly, fell, causing the man, and also a child that was passing near by, to fall too. No harm was done to man, child, or animal. There was a large attendance at tho exhibition of the Aoademy of Fine Arts last evening. An excellent musical programme was gouo through, the contributors being Mrs. Kennedy, Misses Kennedy, Wood, and Newton, and Messrs. Kennedy and Coney. There will be more music this evening. The picturesque New Zealand drama " The Land of tho Moa " was witnessed last evening by another largo audience, whiah became most enthusiastic over the succession of beautiful scenes that form part of the work. The performers reoeivod several calls, and the curtain fell on the spectacle of the Eruption of Tarawera amidst rounds of applauso. A matinua performance is takiug placo this afternoon, and to-night's performance will conolnde in ainplo time to allow country visitors to oaten tho 11 o'elook train Tho dates for tho romainder of tho New Zealand tour have been arranged as follows : — Duuedin, 20th Augu3t : Auckland, 9th Soptembor ; and Christchurch, Ist October. The Company opens in Sydney on tho 20 th October. Mr. A. Sutherland, ohiof officer of the Australia, who is now on holiday leave, was presented on Thursday evening with a valuable meerschaum pipy and case, by Captain Gibb, on behalf of tha officers and several personal friends. The Garrison Band will givo a performance in Newtown Park to-morrow afternoon, making a oolleotion in aid of the expenses of attending the Timaru contest. We draw attention to tho programme for the Otago re-union on Monday night. Almost all the tickets have been sold, and the gathering will bo of an interesting and enjoyablo kind. It seems several new arrivals from Otago who have rooeivod tho printed invitations imagine they are complimentary. We are asked to oaU their attention to the notico as to the price of tiokets on the invitations, and inform them that they must buy tiokets. Tho concert and "social" in aid of the Irish Parliamentary Fund which tho Irish National Federation is organising for the Skating Hink on Monday evening proaiisos to attract a vory large audience. There will be Irish songs by Mra. Miller and Miss Marion Sampson (who has returned to Wellington for a holiday after the Gee concert tour) and Mr. E. D. Dunne, to vary addresses by Messrs. Collins and o'fiegan, M.H 14. 's, and A. S. Paterson. A dance will follow the first part of the performance. At Mr. Tallis Trimnell's organ reoital on Thursday evening, Mr. John Prouso will sing Gounod's " Angel Hosts Descending," and Faure's "First Palm Sunday." Mrs. Richards will oontributo Tours' "Jesu Lovor of my Soul," and Mr. E. F. Pollock is to sing Gounod's *' Peace of God." Mr. Maughan Barnett's fourth conoert in the Art Gallery will be given on Wednesday week, instead of next Monday. The newly-foi^nod Empire Brass Band will hold a promenade onucort and dance at the Prinoess Theatre on the 10th inst. The proceeds ara to go in aid of tho band a uniform fund. J. H. Bethuue & Co. uuuounce in our advertising columns Uiat they will sell ljy auction at tlieir rooms on Friday vert, it 2 o'clock, a choice collection of lociiDy-grown plants from tbo nuraory of Mr. C. Duncan, Linden Vale, Porirua. Admirers of Ayrshire cattle will hare an opportunity of seeing, and also of purchasing from, a fine herd which Mr. J. C. Cuff, of Oamaru, a wellknown breeder and prize-taker, has just brought up. Amongst the cows will bo found " Qucenio " who holds the milk record for Now Zoaland, and the others are almost equally good, all being by such noted breeders as Messrs. Ferguson, ijogerson & Fleming, Duncan, and Cook Bros. The cattle are to be Bold at the Hntt on Wednesday next by A. G. Taiue & Co., from whom catalogues, with full pedigrees, can be had. * ?! H i Wood wiU uold a stook Balß nt th « Tar*tahi saleyards. Carterton, on Tuesday, at 1 o'clock. The ontries includo several eitnwgood lines in sueep, Purchasers of Suratura Toa ore informed by advertisement that tkeinirobase of lib entitles them to a copy of " Tlio Triad " musical album. The names of the vending tradesmen are sot out. This week's Canterbury Times contains an ac- ?# U S? °J the Star Boeing Club ball, and other Wellington social and society news; also, specially interesting notes for farmers. Herrmann Both, massage specialist, publishes on our fourth page a list of high medical outhorities from whom he holds letters of recommendation. Mr. Both will be in Wellington until November, when he returns to his Government appominent at the Botorua Sanatorium for the tourist season. Fresh bargains will bo offered at Peavce's great compulsory boot sale. Tho stock is fresh and The order of servioos at St. Peter's Church for to-morrow is advertised. At the Wesleyan Churches to-morrow, services will be conducted aa follow :— "Weiler Church, TaranaM-street, 11 and 6.80, Eev. W. Baumber; Molesworth-street, U,Bev. J. Ward j 6.80, Bey. E. J. Murray. Trinity Churoh, Nowtown, 11, Bey. E. J. Murray; 6.30, Hot. J. AVard. At the Terrace Congregational Church, tomorrow, the services will bo oondnoted by the Bey. J. Seed Glasson. At the.Courtenay-place Churoh the services will' be conducted by tho Hey. B. T. Hallowes in the- morning, and in the evening by the Bey. G. Nipoll. The Ordinance of the Lord's Supper will be observed at the clo«o of the morning service . at both onurcbeu. ;- \ The services in the Primitive MethodUt Church, avdney-Btrcet, to-morrow, will be oonduotod-by the Kovs. G.Kicoll and E. Drake. The preacher* for the other Primitive Methodist churches are advertised. .-■■•-. •: . ■■ . .:■■•■. .... - ThO; Berrioes in connection with the Baptist Churoh, /Vivian -street, to-morrow, will be conducted by Eev. C. DaUaston. 'Th» sermon will be the third in the series on "Tho Soven Cries from theCrois." . , ; ■ , ■■. : ., ; It i» notified that to-morrow's evening service v connection with the Forward Movement will be held in the Forward Movement Hall, Mannersstreet, hitherto known aa the BaUonce Hall. „- . There will be a sermon in the Catholio Apoitolio Churoh, Webb-street, to-morrow evening at 8 o'elook. Snbjeot : "Elijah Bepairiug the Altar of the lord with Twelv» Stones."- >-* ■■•■■-• ••••"<

Today's Now Zealand Graphic contains a splendid lot of photos, including 15 iv councctiou with Otago Girls' High School, with interesting particulars, seven of tho e.s. Taiuul aud her officers, Ac. ; also, a musical supplement, " The Captain's Story " (music and words), cartoon, &c. At tho Church of Christ, Diron-street, tomorrow evening, Mr. A. P. Turntsr will preachy A Bible reading will be given in the HunterBtreet Hall to-morrow afternoon. A service will bo held in the Gospel Hall, Herbert-street, to-morrow eveniug at 7. Mr. W. W. Collins will deJirer a lecture in the Criterion Theatre to-morrow evening.

A considerable commotion is daily sen in Cuba-street in the vioinity of Te Aro House,' ladies hurrying to and fro, many carrying, .goodjy parcela, bearing tho wellknown Jjrand of that establishment. The firm is now holding ita annual Winter Sale, and the careful housewife is laying in a supply of drapory at bargain rates such as ara only given at Te Aro Honso. At the hosiery counter an eager crowd are snapping up the lots of Ladies' Cashmere Hoae for la per pair, and looking out for more of tho " Mabel " brand at two pair for 2s Gd, while many are overhauling the piles of Evening Shawls and Wraps and picking out their fancy at the reduced prices, marked in bine, at the Great Sale, Te Aro House. Ch«ap and serviceable Dresses are. in every day demand, but during the Great Winter Sale the best Winter Robes and Twoed Dresses will bo sold at the lowest rates on reoord, and ladies will be offered great inducements to get their- soleotions made up in the latest fashions by Madame de Vernoy, while the Great Sale lasts at Te Aro House. — Advt. ' In respoaso to numerous enquiries from their customers, Messrs. Wilkina & Field, the well-known ironmongers, have just compiled a catalogue of their varioua goods. It is exceedingly well got up, and most of the lines are illustrated and priced. Besides being an epitome of thoir business, it contains many valuable recipes, and much interesting data, making it well worth preserving aa a referenco. While desiring that a copy shall reach the hands of overyeme to whom it will be uscfnl, the firm consider it too valuable to bo wasted. They therefore request that overyone requiring a copy will either oall or forward them their address, aud one will be at once sent.— Advt.