THE LAW OF LIBEL.

Evening Post, Volume L, Issue 31, 5 August 1895, Page 2

THE LAW OF LIBEL.

Judging from the speeohes made by the Colonial Treasurer and some othor members of the Ministry on the Defamation Bill, they are evidently of opinion that the disoredit of falsobood or wrongdoing lies entirely in being found out. They were loud in their dennnciation of tho press, whioh meroileßsly exposes untruth and wrong-doing on the part of men in publio positions, but they had not a word of condemnation for tbe men whose conduct led to tho exposure. The simple fact that if publio mon wonld confine their utterances to the truth, and would in all things aot honestly and straightforwardly in dealing with public affairs, there would be no room loft for exposure or hostile oomment, did not for a moment seem to suggest itself to tho opponents of "the Defamation Bill. Thoir single idea of what a proper state of things would be was that public men should be permitted to say and do what they liked, and that tho press should by penal legislation be prevented from exposing, critioisiufT, or condemning either falsehood, however palpable, or misoonduot, however politically dishonest, 'lhey would if they could gag tho press, and render it impotent as a guardian of the pnblio interests. Fortunately they cannot do this, and it is well for the aouutry that it possesses a free and independent press, whioh understands its privileges of comment and oritiaism as insured to it by law, and is not afraid to use those powors in the interests of the publio. What tho powers and privileges of the press are in this respect Ministers and thoir followers seem only to have tho very vaguest idea, or they would not be continually making themselves ridiculous by denouncing as "libellous" comments and oritiaisms whioh are legally privileged and justifiable iv every word. During the debate on tho Defamation Bill every speaker in opposition to tho measure seemed to be under tbe impression, or at least desirous of conveying the improssion to otherß, that its object was to increase the latitude allowed by law to the press tooommenton and criticise theantious of publio men in regard to publio affairs. Nothing could be further from tho truth. The law as it stands affords every reasonable latitude in this direction No real pressman desires any further powor of comment or criticism. The honest writer, however sovere his criticism, ia quite sufficiently proteoted, and does not desire, nor has the press ever asked for, any extension of privilege or protection under which liberty might degenerate into license, the Defamation Bill nor the Libel Bill, which has on several occasions passed the Legislative Counoil, proposed to increase or enlarge in any respect or degree tho privilege of protected comment or criticism. The only new privilege whioh they proposed to oonfer on the press was as to tbo right of reporting pnblic meetings and tho proceedings of publio bodies ; and any extension of privilege in this direction was subject to the necessity of proving to the satisfaction of a Judge and ]ury, iv case of challenge, that the report was accurate and its publication without malioo and for the publio interest. Subject to those conditions, tlio enlargement of tho privilege of reporting sought for in these Bills has been enjoyed by the English press for tho last seven years, with, it iB there admitted on all Bided, the very best results. It is the public interest whioh is at stake in the matter far more than any interest of the proas. The public has a right to know what is said and done at publio meetings and by pabiio bodies. The pnblic has a right to look to tho press for this information, but the press can now only supply it at great risk, and iv often oompolled to mutilate the reports by suppression of information which it ia in every way desirable the publio should be in possession of. It ib the publio rather than the press wbioh suffers by the existing restrictions on tho right of reporting. Occasionally, a newspaper suffers by inadvertently reporting something or other which may be construed oa a libel, but snoh cases are rare. The public suffers every d*y by the neaeasary suppression of statements made at pnblic meetings, and at the meetings of statutory publio bodi°s, creditors' meetings, &o. A few years ago it oost us several hundred pounds to ostablish the right of the press to report and comment on proceedings of a Coroner's Court. We won the case, and established the principle, but we had to pay the costs, for the plaintiff was a man of straw. As the law stands, any fool can bring an aotion for libel, and put any newspaper to the expense of defending it, howover ridioulous the accusation may be. In the Libol Bill already referred to, provision was made for preventing frivolous or blackmailing actions by requiripg security for oosts to be given when the plaintiff could sot satisfy a Judge that he really had a primS facie ground of aotion. Suoh a provision is not unreasonable. The Defamation Bill, like the Libel Bill, was opposed by those who object to free reporting, jrho desire to keep the publio ill-informed and in the dark as to what is said and done in and by pnblio bodies, and who by limiting the right of free reporting and thereby exposing the press to certain risks whioh ehould not exist, in some degree obtain revenge for the possession by the proßs of the right of oomment and oriticisra on publio matters which they would fain curtail if they dared, but whioh they are afraid to attack openly. They prefer to " take it out" of the press in an indirect manner, however unjuat.

During the debate on the Defamation Bill the Premior roforred to oertain defamatory statements made at a reoent Temperance meeting in this oity, and said the press had been restrained by fear of the law of libel from reporting them. Mr. Seddon knows perfectly well that suoh a statement is inoonsiatent with the truth, and had he stited the facts tho incident would have afforded a Btrong argument in favour of entrusting the pross with full discretion in reporting, instead of supporting Mr, Seddon's contention that the law of libel ia nocaasary to prevent the publication ot defamatory reports. The tacts are these: —Our reporter at the meeting in question took a full note of the offensive remarks made. As a matter of courtesy to the Premier he was permitted to read the transcript -of ihe notes, and a copy was actually furnished to him. He was most anxious that we should publish the report in full, and pressed us to do so, saying it would be of great value to him to have a reoord of the intemperate languatre need. As the matter was defamatory of Mr. Seddon there would, of course, have been no danger from the law of libel in publishing it at the request of the person defamed. In faot, Mr. Seddon'a request waa a virtual indemnity againet risk of aotion for libel in publishing the report, bnt we nevertheless absolutely refused to defile our oolunins by the publication of suoh matter. It was not any fear of the law of libel, therefore, which prevented the publication of the report in quostion, but a eonee of decency and propriety as to what was due to ouraelves and to our readers. The discretion whioh we exercised might safely be trusted to the press generally in like cases. Mr. Seddon's disingenuous use of the inoident was deoidedly improper. We are in receipt of a most gratifying communication from the Right Rev. Bishop of Wellington, announcing that Mr. Plimmer's liberal gift of £500 towards the Cathedral fund has been followed by a still more handsome oontribntion of .£IOOO from the Rev. W. Booth, of Cartorton, one-half to bit payable when the oontraot for the building is signed, and the remainder when tbo oontraot is completed. His Lordship writes t — "He stipulates only that the building material used, tbe architecture, design, and the seating oapaoity, shall be at least equal to those of the Napier Cathedral. I have not seen that building, but having regard to the size and importance of our oity, I oannot think the stipulations at all unreasonable. Our great want now is a Bite."

On the fourth page we publish reports of the publio meeting on tbe Chinese question and Saturday's football matches, also letters to the Editor and other matter. The R.M.S. Alameda, with the English mails of the 13th July, left San Francisco on the 25th July, the time-table date. The Mariposa, with the colonial mails of the 13th July, reaohed San Fronoisoo on Ist August, the duo date. W. M'Lean and J. F. Kuoh were eaoh fined 40b by the Chief Justice to-day for failing to attend the Supreme Court as jurors. A practical arrangement in relief of the distress in the oity has been made by Un, Jesde Fulton, the well-known pbilanthropio worker. Mrs. Fulton is prepared to provide a meal daily for twelve men for the next month. The meal will be served at 7 p.m., and those who wish to avail themselves of it should apply to Mrs. Fulton ,at her residence, 56, Cambridge Terraoe. Yesterday morning Dr. Wallu. Bishop of Wellington, paid his first visit to Petone, and a partly ohoral aervioe was held in the looal Anglioan Chnroh. The Rev. J. Jonei officiated, assisted -by the Rev. C. F. R. Harrison, and the Bishop preaohed an eloquent sermon from Psalm xlx., 3. " Alpha " withes to know whether the Caledonian Sooiety ia still in existence, aa the annual oonoert whioh used to take place in Jane hai not oome off thi» year.

A meeting of the Petone unemployed was held on Saturday evening, about 60 being present. Mr. J. Curtis, spokesman of the reoent deputation to the Counoil, presided, and advised those present to form working parties of suitable men, who if started on a job would stick to and oomplete it; then forward a list of those in the party to the Counoil and ascertain the terms upon whioh it would bo disposed to let tho work. Messrs. J. Piper and Faldor also spoke, and tho whole question was thoroughly discussed, the information that the Counoil bad decided to relay a large drain running thi-ongh the Gear Company's property by day labour, and was devising other work for the unemployed, boing reoeived with applause. A hearty voto of thanks was given the membora of the deputation Should the Engineer's estimate of cost bo considered a fair and reasonable one, it is more than probablo that the Council will receive an offer from a competent (jang of men to undertake tho work at that estimate. Messrs. Lee and Fleming, the local Sohool Inspectors, have arranged tho following itinerary.- — Tawa Flat, 19th August; Porirua, 20th ; Judeeford, 21st ; Horokiwi, 22nd; Pahautanui, 22nd and 23rd; Mungaroa, 26th; Upper Hutt, 26th, 27th, and 23th ; Kaiwarra, 29th and 30th ; Taita, 2nd and 3rd September ; Karori, 4th and sth ; Lower Hutt, 9th, 10th. and 11th ; Johnsonvilio, 12th and 13th ; Petone, 16th, 17th, and 18th; Khandallah, 20th. The examination of tho Wairarapa eohools will follow, after which tho scholarship examinations will be taken, and then the examination of the City schools. As the man M'Olusky, the victim of the recent stone-throwing affair, was still unable to appear in the Police Court to-day, Henry Rigg, the person charged with the assault, was further remanded. Two first-offonding drunkards were fined. Sußan Bevin, whose caso had been adjourned for a month to find what her behaviour would be, was oonvioted of theft and discharged, her brother, in whoso care she was, stating that he was Batie&9d with her conduct. Charles Taylor, for failing to support his wife, was disoharged, and cautioned against default in payment for tho future. On the order of his Worship ho handed over all he had with him (12s) to his wife. E. Stratford, for failing to support his mother, was fined 40s, with tho option of seven days' imprisonment. The amount of the order was altered to 10s a week, and defendant was required to find two sureties of .£ls each. At tho Monnt Cook Police Station, two firat offenders wero dealt with for drunkenness. " A Disgusted Subscriber " writes complaining of the delay in the issne of Hansard containing the report of the proceedings in the House on 12th July, when the Colonial Treasurer made a long speeoh in defenoe of his oonduct and statements in England. Our correspondent asserts that the delay is causod by the frequent and extensive revisions, corrections, and alterations made in the report of the speech in question. He assorts also that tho looking up of type iv the Printing Office owing to the delay is oompolling compositors to walk about the streets. Our correspondent wants to know what resemblanoe the speech, when vublished, will bear to the speech as delivered. A requisition is about to be presented to the Mayor requesting him to call a pnblic meeting to discuss the proposal to get the Mount Cook reserve set apart for University purposes. No fewer than 120 voioes have now been enrolled for Mr. Maughan Burnett's Muaioal Society. All the applications for membership have boen made spontaneously. The result clearly shows tho strong feeling iv Wellington for the advancement of music. Names continue to oome in freely, and those who desire to be added to the list should communicate promptly with the honorary secretaries. The Shire liner Buteshire shipped 800 live plieop at tho Bluff— all heavy croSßbrcds. Another instalment of 400 sheep will bo taken on board at Lyttelton. At tho open-air conoert by the Garrison Band yesterday afternoon the sum of £5 17s was collected towards the expenses of competing at the Timaru contest. An inquest on the body of tho West Indian half-caste Gustavo Leonard Alexander, who shot himself in Deinpsie's boarding-house, Taranaki-placo, on Friday night, was held on Saturday afternoon by the Coroner, at the Hospital. Mr. John Brass was foreman of the jury. No new faots of importance were elicited, and none of the witnesses wore able to suggest any motive for self-dostrnc-tion. It was shown that deceased borrowed the gun and cartridges on Friday night from a Maori named Tamati Turner, giving as the reason that he wanted to go to the targets next morning. Tho jury found that deoeased committed snicido by shooting himself, the foreman remarking that there was no evidence to show that the deceased was temporarily insane It has been decided to continue the Art Exhibition for another week. There was a large attendance on Satnrday, and in the evoning Miss Stuart and others gave a ooncert. The art union will be drawn on Thursday evening. The sonior pupils of tho publio snhools aro to be invited to attend the Exhibition during the mornings. The objectionable custom of hanging carcases of sheep and other moat outside butobera' shops, to the, danger of the olothes of pasaers-by, was dealt with by Mr. Martin, S.M., in a case in the Magistrate's Court this morning. John Atkinson, of the Gear Company's Cuba-street shop, was the person prosecuted, and was fiu9d Is and costs 7a, as this was tho first proseoution of the kind. Tho United Hunt Club had two very pleasant runs at tho Hutt on Saturday afternoon. The lirst run was from the Hutt Bridge along the rivor to tho racecourse, and the second over the Bteepleohosa course and back over the first run. The field indueled Mr. Arthur Cooper (doputy-mastor), on Halicore : Captain Campbell-Preston, on Pink *Un ; Mr. G. Githorne-Hardy, on Fly ; Mr. C. P. Skerrett, on How's That ; Mr. B Skerrett, on Lazy; Mr. W. Morley, on Rangatira; Mr. J. C. Hanna, on Froshfield ; Mr. F. Dyer, on Swingbaak ; Mr. Mellow, jnn., on a roan ; Mr. J. F. Mills, on Toprail ; and Mr. Geo. M'Uonald, huntsman, on Judas. Messrs. Fitzgerald Bros., the well-known oircus proprietors, who loft New Zealand some months ago for the purpose of picking up novelties in America and England, expect to return to the colony viu Australia before the end of the year. The publishor of the New Zealand Trade Review states in our advertising columns that the issue to be published this week will oontain, iv addition to the usual statistical and market information, particulars of the now Customs duties and the Canadian treaty. The statistics will include a review of the trade returns of the oolony to the SOth June, and should form a useful paper to send to correspondents interested in New Zealand. Subscribers and others desiring extra copies are requested to communicate with the publisher at once. Miss Gwen Davies, who has boen assooiated with the concert tours of Madame Antoinette Sterling and Madame Belle Cole in the colonies, and who has just completed a tour of her own, has determined to settle for a time iv Wellington, and announces that sh9 will accept artistic engagements and make a specialty of voioe training and production. Miss Davies was a pupil of Signer Randecrger and Mr. Frodoriok Walker, of the Royal Aoademy of Musio, and also had the personal supervision of her eldest sister, Miss Mary Davios, the oelebrated English Binger. Miss Davies is to pay special attention t] the elocutionary branch of voice training in her teaching, and as she has shown herself an admirable elocutionist in her rooenfc performances, this should be of great value. The annual sooial re-union of the Irish National Federation takes plaoe at the Skating Rink to-night. To supplement speeches by prominent politicians and others, an excellent programme of musio is promised. Tho regular meeting of the Leinster Lodge of Freemasons takes plaoo this evening. In reference to tlio pedigree Ayrshire cattle to be sold on Wednesday, at tlie lower Hutt yards, by A. Q. Tame and Co., the Oamaru Mail reports that they are from the stud of Mr. John M. Lefevre, of Kartigi, who has spent a lot of time and money in breeding »ud acquiring this herd, which comprises a lot of exceptionally good animals. The present owner, Hr. John Cuff, is well kuowu in the South as a judge of Ayrshire? and dairy cattle. He selected from the herd tire of the Chetuole beauties, all prize-taken, and just at the puiut of calvinpr. He also took with him the famous prize bull jack Bunaby, ot Chetnole. To-morrow afternoon, at half-past 2 o'clock, T. Kennedy Macdonald and Co. (Limited) hold a Bale of household furuitnre, 4c, at their rooms, Lamb-ton-quay. F. H. Wood will sell to-morrow, at Taratahi, stock. i'raucis Sidey and Co. will sell to-morrow, watcheß, jewellery, Ac.