"BEYOND THE LINE"

New Zealand Times, Volume XLIII, Issue 10089, 1 October 1918, Page 7

"BEYOND THE LINE"

prohibited LITERATURE SIR. JAMES ALI/EN.' EXPLAINS -:•••• THE POSITION. : - TJrider-dato-September-26th, the Act-ing-Prime 'Minister (Sir ' James' Allen) has," forwarded the ..foliowing. 1 letter., to the- Rev. Alex. Doulk' Presbyterian minister, "Pahiver'stou North t*— ■'•' "" I-..have the honour to' acknowledge the receipt -of-your letter of the 24th ultimo,' 'conveying' a T 'resolution ■' passed at" a public gathering, .held, under. the auspices - of _ the- ' Paliherston ■ NortTi branch:'of: thi? Protestant- Political' Association)" protesting" against the ■ action' of".the.,.New, Zfealand:"'Government ..in prohibiting -the circulation. of > certain .literature. ";" _ r :"[\ '""V" /' r .\." ■ :'T There-."; is .'so much misunderstanding . .ujion, this- point that. 1 deem it'-wise;,to send you tho fullest- information'.. • v.- . The '■" War Regulations of . December 4thj; 1916,''prevent 'fao7public'atioii^"Ol J •matter, having . a, "tendency, to .such" I>S-:."•'■'■" -ferent; classes-" of: His' Majesty s, sub-. jects as"; may endanger the public safety "in' respect'of' the present war. 11 : By the Regulations- 'of 'October % llth;'-1915' •<as Jat"t;'r .a^iendecf.''6v"suhstit < uting the' Attorney-General, for the' Minister,, fv>r Defence)Mfc is -provided.'. f.'that "the At-torney-General may: by -notice gazetted prohibit the sale'of any book Oi' other •publicafioft tho" sale of which he; deems injurious publio 'interest in ; spect if' the present war!" aild after such-prohibition the sale or .distribution v of any-such publication's .consti-i tuted an offence. It must he obvious-.thatf-'iOs" the 'duty- of the' Attorney- I General' to prohibit the' sale of: hooks j And publications which come " "within I the '"definition' of the Regulations of December. 1916. 'Thb Customs ' Laws, and Regulation'No. 3 of the Regulations of June.. 21st, .1918,, empower the .Minister for Customs to- detain such hooks or publications.--sVV-hen publications passing through tho Customs in 'New Zealand are found to he of a nature which' if is "thS dutv of tlicOAttbr-•ney-General to consider.- it is manifest t ,that''such publications'' must be detained at the Customs under .the"authority ,'of the.yCusto'mS 1 Laws and Regulations until opportunity is their perusal and consideration.! In ;.order to prevent differences of view between the--officials detaining, the,books ■ at tke'.Cu'stoms>and.tlio' Atto'mey-Gene-r ral, it- was arranged that tho Minister for Customs and the Attorney-General ■ should "act together, -and that they should appoint an independent expert to advise them jointly;"Under this arrangement TMr 1 "Martin Chapman'; K.CI,' was appointed,' an 4 ,1, ha.vo* no doubt that; 'ypu will; agree/ with mo \ lie is absolutely .free.", from, bias'Or prejudice of any kind iii such matters.' Frqni,.time/ to time reports- Jiave- -been .'.obtained from Mr Chapman upon the various documents which'have .'bean"'submitted to- him-" for' persnal;■•■■ Wherever - Mr •Chapriian has recommended the publications should riot be 'allowed to b'e'circu- • la ted .he has'giveii his. i'easoris,' and the - Minister'. for Custom?' ,arid 'the'. Att brneyGonefal • have not only considered tho reasons,- but have looked at .the;.literature sufficiently to ascertain whether they agreed with Mr Ch.apman's reasons. I am informed that they have not found it^jLieeSssafyTo* dissent from Mr ChapmniT's views in any case, but -they liayo. nevertheless exercised their indeperident judgments, * _-,... \ Mi;' Chap«ian'B/'reportsr-p;o r "to tho * At-torney-Genei'a'l and he decides whether the'documents are such ris "ought to bo prohibited froni'circulation.""Tho original detention is n.formal act; permanent detention is.-tho result of a decision first arrived at by tho_A.ttp.rneyGencral. after consideration of the report of r Mr Chapman, and subsequently concurred in by the Hon. Mr Myers,' and the method" pursued <is adopted with the authority of Cabinet. - The practice with regard to tho prohibition of literature is set out in a letter from the Hon. the Attorney-

General and- the -Horn —Mr- Myers to J. S. Dickson.-Esq., MiP., on June -4th, 1918, a "copy -of '.which -I attach...-^—~ No bookror—document has been.permanently "detained-at the Customs, thecontents" of which "did : not exceed-..the limits- of "controversy, which -..the Att'qr-riey-Genera'r v aria Mr Myers~ there attempted "to "define."". "'■. - ' ~ i Reference has T>een : hiade in- correspondence which has* reached me to two' works of which .Br, Alex..; Rpbef tson- is 1 the J ".The , „ Roman Catholic Chjarcli in-.ltalv". ,'and -the' "Papal- Conquest." y";Aa "».' matter of fact Hhesfe h&en'vth'o-Vfiub-ject of .moat., careful consider.ation,...ana their detention was merely conditional and not permanent until -Mr-Gliap awn's report. pn_ them,., was _received _on the 11th iiiit.. The greater part of the con. tents- of 'the books did. not limits, defined, but- jaeablv of-th<3 v books ■there-are ferave ; -charges of .immorality against persons who have: taken the vow of celibacy'in the Roman,., Catholic Church, and because-of- the inclusion of that class>, .of matter ,it i has, „ .been thought advisable to"' prevent-the circulation of the literature.^..l cannot, understand why circulation- during_ th& war of books': whipli contain such? allegations should bo considered desuable by any section of the public: -• ' '/" I also forward copy,. ; of',ai-stateinent that I made to be.' circulated through", the Press Association on 'the\2'4tli and I draw your attention'to"the sec"bnd paragraph, and most earnestly hope that sectarian bitterness-,may,.,be-avoided 1 ' The letter and Press Association message deferred to 'above* have appeared in the'preiss. • r , '" ','",,,