QUESTIONABLE BOOKS.

New Zealand Herald, Volume LX, Issue 18534, 19 October 1923, Page 8

QUESTIONABLE BOOKS.

SOME KNOTTY PROBLEMS.

APPEAL , BOARD APPOINTED.

DECISIONS IN DISPUTES. [BY TELEGRAPH. —OWN CORRESPONDS', 7. J ;. , WELLINGTON. Thursday, - Wide discretionary powers are given to a censorship board "of appeal which was appointed to-day by the Minister for Cus-* toms, Hon. ■W. Downie Stewart, to deal with appeals against; the prohibition of import of publications or matter suspected of seditious or indecent intent.' . : The Minister, in a statement on the subject, stated that tho publication in New Zealand of indecent and seditious publications was prohibited by various Acts. With the administration of those laws, neither the customs ;nor the post office was concerned, for the question was determinable by the Courts only. Other Acts, however, prohibited the introduction into New Zealand as merchandise or through tho post office, of either of, the two matters. The Customs Act prohibited tho importation of publications, tho importation of which, in the opinion of the Gov-ernor-General, was contrary to the public interest. The importation of documents inciting, encouraging, advising or advocating violence, lawlessness or disorder was prohibited. The post office was required by la.w to refuse to deliver postal packets suspected of containing libellous blasphemer, indecent or immoral matter, and refur? to deliver postal packets containing matter in violation of the. Customs Acts,

Obligations of Departments. It was apparent, therefore, said the Minister, that' in respect of' the prevention of importation of publications containing either class of prohibited matter, the law imposed upon three departments a duty of determining questions which in the case of matter actually in New Zealand was determined by the Courts. Co-ordination between those three departments was necessary to -ensure uniformity. Therefore, when books or publications were detained on suspicion they were perused by an official who, for convenience, was known as the censor. The questions which arose, said Mr. Stewart, were to bo . determined partly by common sense and partly by legal interpretation, if there was reasonable doubt whether the printed matter was within either class oit prohibition. > The point was determined by the administrative head of the Crown Law Office, and his decision was accepted as final and acted upon. The Government as a whole could ' not, nor could the Post-master-General or the Minister for Customs, ignore their obligations or. refuse to exercise the discretion which the law imposed on them to prevent the introduction of prohibited matter, ba'i it was always possible ; that the ;.- conclusion arrivod at, whether by the censor, the principal Crown law officer, or the Minister-in-Charge, might not be affirmed by the Courts. On the one hand booksellers might be prosecuted and convicted for publishing or offering for sale matter which the Courts held to be prohibited, although the . passage had been passed at the customs or the post office. On the other hand/the Courts might determine that matter detained and destroyed at either ■ the customs or the post office was not in—fact prohibited by law.

■ Appointing of the Board. "While in the majority of cases," said the Minister, "the matter of either class so clearly exceeded the prescribed limit that little difficulty . arise.";, there ate publications which to some minds appear to transgress the limits of propriety, and to others appear to convey essential instruction.-

"I have anxiously considered the whole subject with a desire to establish a move satisfactory method of .final' determination of the class of matter in respect of which that distinction in public opinion exi'-'X 1 cannot advise any method by which tiho ultimate decision o:f a Court of justice can be certainly predicted, nor. can I „ devise a tribunal of _filial appeal which will certainly give universal satisfaction. My proposal is that persons owning publications detained at the post office or customs as suspected of containing prohibited matter of either clay?, shall be en s titled to appeal from the adverse departmental decision to a board consisting of the chief librarian; of the Parliamentary Library, Mr. Chns. Wilson, the chief librarian of the Wellington public library, Mr. 11. Baillie, a representative nominated by the New Zealand Retail ' Booksellers' Association, Mr. H. South, Wellington, and that the decision of that board should be accepted by the Government; except in so far as any, decision turns on purely legal considerations." . The board, the Minister added, would also deal with any complaints against book 3 which had not been stopped by the customs or the post office.