THE SEIZURE OF LIBELLOUS NEWSPAPERS.

Lake County Press, Issue 975, 15 August 1901, Page 7

THE SEIZURE OF LIBELLOUS NEWSPAPERS.

The seizure by the Dublin police of an issue of the 'lrish People' attracted considerable attention in Parliament and in Ireland. The seizure was effected without warrant, and the reason for effecting it is stated to have been that the issue contained a seditious and obscene libel with reference to the King. There is no statute authorising the issue of search warrants for seditious libels; and general warrants to search for and seize alleged libels were in Entick v. Carrington, 19 St. Tr. 1.030, held to be illegal. Under Lord Campbell's Act (20 to 21 Vict. c. 83) magistrates may issue warrants to search for and seize obscene writings, and may order the writings to be destroyed if, in their opinion, the publication would be a. misdemeanor fit to be prosecuted as such. It seems not to be essential that the misdemeanor should in fact be prosecuted. But an appeal lies from the order for the destruction, and this, of course, affords an opportunity of publishing the obscene matter is discussion in a court of justice, although the newspaper reports of tho discussion would be limited by the Newspaper Libel Act of 1888. The Irish Government have not thought fit to adopt this procedure, and the seizure and confiscation can, it would seem, be justified only on the ground that the papers seized are evidence of crime. For the course adopted the Government have the justification of the Irish case of Dillon v. O'Brien, in which, on the arrest of persons for a criminal conspiracy, the police were held not. to have committed any actionable wrong by seizing without warrant money and documents which were found in a room where the alleged conspirators were arrested, and which, it. was contended, contained evidence of the nature and overt acts in furtherance of the conspiracy. In the present case there seems to be no intention of prosecuting, and it remains to be seen whether the owners of the paper will risk the chances of an action to test the legality of the seizure, in which action they will apparently have to face the difficulties'that the papers, if containing obscene libels, (1) are not the subject of property; (2) afford evidence of the offence in question.—' Law Journal.'