THE DAILY OTAGO TIMES. TUESDAY, JULY 28, 1895.

Otago Daily Times, Issue 10419, 23 July 1895, Page 2

THE DAILY OTAGO TIMES. TUESDAY, JULY 28, 1895.

The libel law oMfew Zealand should be a constant reproach to the parliamentary leaders b£ the Liberal party, as it is a disgrace to the Statute .Book. Yet all attempts have hitherto failed to amend an oppressive, injurious, and antiquated law, that arms eyery crafty blackmailer in , the country with a weapon of offence against any reputable journal that may, in the public interest, allude to him or his acts according to his deserving. During recent years, the futility of the efforts to amend, this law has been freely attributed to the extreme sensitiveness of :the present Government to all; forms of independent newspaper criticism. From the standpoint of the Premier and his colleagues .those journals that are not with them are against them, and they may not unnaturally think that the removal oi any present journalistic disabilities would not tend to promote the newspaper adulation for which they have so _ voracious an '.appetite. Discriminating distribution oi; Government advertisements rather than a modern, law of libel would seem to better serve the purpose of the present leader of the Liberal .party, and until he has less of a slavish following than the present one, we' have but faint hopes of, a reform that should be among the first to be claimed by a ruling democracy conscious of its surest safeguard.

It thus happens that though we .welcome /.the.newDefamation Bill now before the Legislature, ire are not sanguine that it.-will have' the earnest support of the Premier, arid without that it cannot,pass into law; yet it will secure discussion,. and that Avill be a gain, since it is a measure' of the greatest importance both'to.the public and to the press of the country. The' Bill has been introduced simultaneously into both Houses—by the Hon. Mr Peldwick and Sir Robert SxbUT,— and has alre"ady~ passed the second reading in the Council. It ia a transcript of an Act passed in Queensland in 1889, -which Avas drafted by Sir S. W. Griffith, then Premier and now Chief Justice of that colony, a fact that should in itself be a guarantee of its moderate and reasonable character, apart from which its operation in that colony has been', we believe* an \mqualified success, a result that must have proved very agreeable to its distinguished author^ since it was, we believe, the first Act in the nature of a code of the law of defamation adopted by any British possession except India. In the old country .the law as to criminal libel was cast in the form of a code of criminal laws, and submitted to the House of Commons in 1879, but the English Parliament has not yet found time to pass it. The law of New Zealand as to criminal libel is in a peculiar position through the fact that, at the time the Criminal Code was before Parliament in 1893, there was at the same time before the Legislature a Libel Bill, and the provisions dealing with criminal libel instead of being comprised in the Criminal Code were included in the libel Bill. The first-named measure was passed into law while the latter was rejected. How it happened that the same Government that introduced the Libel Bill of 1898 could show so much hostility to reform of the existing law as was shown by the introduction last session of the ridiculoixs Bill fathered by the Hon. John M'Kenzib is a page of secret political history that will never be written by that gentleman; but if it were, no doubt "Pomahaka" would be found there in large characters, with many injurious adjectives as to the attitude of this journal towards that now historic purchase. It is not a creditable thing that a Liberal Government that boasts of being in the van of progressive legislation the world over should, in this important branch of the law, be a long way behind not only Queensland, but even conservative Old

England, where the Act of 1888 effected some Very necessary improvements which so far we have not yet adopted. The Bill under notice not only adopts these amendments of the English law, but it aims at a codification of the whole law on the subject of defamation. _ Both are necessary, for not only is the existing law antiquated and oppressive, but it is so complicated and _ uncertain as to be certain in> nothing excepting costs and penalties. We have but space here to indicate the more salient points of the new measure. It begins by abolishing the distinctions between libel and slander, except in one particular case wherein provision is made to the effect .that it is a good_ defence., to an action or prosecution to prove that-the words spoken (not written) were uttered in such circumstances that the person defamed was not likely to be injured thereby, which is a simplification and improvement in the law. The Bill then'proceeds to define "defamation," and instead.of using the old-fashioned expression — " bringing a man into hatred, ridicule, and contempt "-proposes this definition: " Any imputation concerning any person or any member of his family, whether living or dead, by which the reputation of that person is likely to be injured, or by which he is likely to be injured in his profession or trade, or by which other persons are likely to be induced to shun or avoid, or ridicule or despise him, is called 1 defamation,' and the matter of the imputation is called 'defamatory matter.'" The Bill then goes on to declare that "it is unlawful to publish defamatory matter unless such publication is justified or excused by law." Under the head of " Absolute Protection "■ are placed (1) privilege of Parliament, (2) -privilege of courts of justice, and (3) the publication of official inquiries. Then come a series of important provisions under the head of " Reports of Matters of Public Interest." Here we have some features tha,t are new to New Zealand, though they were adopted in England by the Act; of 1888. .These, clauses authorise ■■■the publication in good faith, for the information of the public, of the proceedings of official inquiries, public, notifications by Government, and, most important of all, the proceedings of local authorities and fair reports of the proceedings of public meetings. Then follow a number of important provisions, under the two hejids of "Fair Comment," an^L "Excuse," some "of which are new,: and others . of, -'which, clear up points that at present are doubtful. Clause 16 makes a verr important change in'the law as follows :—" It is lawful to publish defamatory matter if the matter is true, and if it is for the public benefit that the publication complained of should be made." At present the law of New Zealand is that the truth of a ' defamatory _ statement vis a good defence to civil proceedings, but not' to a criminal prosecution.... In the latter case _it is necessary to show that the publication of tltetruth was for' the public benefit, and;this clause (16) proposes to make the law the same as to civil proceedings.-^At present the law is that the plaintiff id a libel case must prove, that the: charge is false. It' will ? be generally admitted that the proposed change "is in; the right direction: ;. ; Under,. the.:head- o f provision's with respect to publishers and sellers! of periodicals, and sellers, of books, we have a series of clauses which, are new and important. They are designed for the protection from-,'criminal proceedings (butnot from civil pr6ceedmgs):ofpublishers; and sellers of''newspapers and. books when the publisher was ignorant of the defamation until it was published. ;■. Then there are provisions protecting from liability the sellers of books, newspapers, &c, if they we've ignorant of the defamation. The last feature of the Bill to.which we 'need here refer is the very important one which enacts that no ; criminal prosecution is to be initiated ; : without an order of a judge—a provision that is new here, but; has been in force in England since 1888. ... -. .'; ... & . .:

Such are the: main features of the laws relating tor defamation "that have bean in successful operation in England and in Queensland for many years. The enactment;of such a law in this country would 'be the . creation "of another safeguard for both press and people against the corrupt use tof power and the license to commit both public and private wrong; but there is too much reason to suppose, that the Seddok Government does, not believe in the liberty of the press, 'and therefore we look to the fata of the Bill-in the House of Kepresentatiyes with more of apprehension than of hope. ..■■■■

Mr Paulin advised us at 9AS last night: " Squally. N.E. winds. The weather will continue fine, over the S.E. portion for about 16 houti. Gold rain showers on the N.E. coast."

Some amusement was caused at the meeting j of the Norfch-Easfc Valley Council last night in connection with the receipt of a Uetter from a j resident, who stated he could not refrain from personally thanking, the council for causing screenings to ba put on the footpaths in ths borongh. The councillors expressed extreme gratification at one person being found who was satisfied with the work tbey did, a member regarding ifcas "a blessing to find a contented person at last." Immediately following on this the clerk read a letter from a lady resident, who desaribed herself as a " poor, afflicted widow," the contents of this communication being very much in the opposite direction to those of the previous one. The lady complained bitterly that she was not " getting anything in front of her place." She.had "payed raits" for 13 years,' arid did not mean to pay any more " raits " till she got her place put to rights, and concluded with the somewhat Hibernian request that " the inspector might come along, bo that the councillors might sea for themselves what like it waa." By tho time the clerk had got to the end of this epistle the gratified humour of tha councillors had considerably abated, and the meeting assnmed a serious tone. It was moved that the matter be placed in the hands of the councillors for the particular ward to see if anything oouid be done out of tho allocation ' for that portion, of the borough, "but it being pointed out that ths allocation was all "expended it waa decided that the inspector procure a load of screenings to place in front of the lady's place if it was found to be required.

A upecial meeting of the George street School Committee was held last night in the schoolhouse. A sub-oonamitt.ee was appointed to make the necessary arrangements for carrying out the work or Arbor Day. feghteen applications were forward from the Education Board for the position of oecond assistant at the school. After considerable discussion a ballot was taken, which resulted in the selection of Mr J. A. M'Phee for recommendation to the board.

J?he Committee of Management hay* found it> necessary■ o Wl ng to the falling off ia the attendee thereat, to discontinue tbe evening tZ , fOr T y h r^ WOr n 8t the Dnion **«* School. The attendance at the boys' olns however, continues to b 8 we n maintoined committee are .bout to loathe Bervices'of Mr Macfarkne, who has been appointed to tho charge of the Rough Ridge School.

A meeting of the provisional directors of the Clutha Farmers' Co-operative Association (Limited) was held at Balclutha on Friday last, when, as a larga number of shares had already been applied for by farmers residing within a radius of 25 miles of Balclutha, it was unanimously resolved-'1 That the association be registered and operations commenced at once." We are informed that the provisional directors (who ate well-known leading men in the district) and the objects of the as'ociaiion have inspired great confidence, and that already nearly ZOO farmers are on the share list and have pledged themselves to support the association with their business. It is believed by the provisional directors that the association -will rapidly develop into a large and successful institution, and that all farmers in 'the" district will realise that it is to their advantage to join it.

A sad story comes From Wellington. Among tha women at the Salvation Army's Pauline Home there is one who, being unhappy wifch her family, married about nine months ago and removed to Auckland, where she found i hat her husband was a married man witha family. She left him at once and returned to Wellington,where she donned hoy's clothes and obtained work in a drain pipe factory. She was recognised after working there a week, and has accepted the shelter offered'by the Salvationists. She is 21 years of age. . , . •

The Southland Times reports that as a result of a meeting on Saturday of the shareholders, committee,r the guarantors, 'and others^interested in the carrying on of, the Southland Frozau Meat Company, and aho as a result of the active and energstio canvass that has teen made, fully £17,000 has been subscribed to the guarantee fund. It is confidently expected that over £20,000 will, be guaranteed before next Saturday, when the ooniraittee meet agfcin. The chairman (Mr J: M'Queen) and the secretary .(Mr A. R, Hay) were authorised to inform the directors and the bankers of the position now, attained.. :

It is intended (says the Oamaru Mail) to erect a handsome monument to the late Dr Macgregor, and a sum sufficient for the purpose is being collected ' among his ' friends' and admirers. The monument is to be of Aberdeen granite, and: the order has already been sent Home. A ready response has already been made to the appeal for subscriptions. ■ ;

" Female Characters in the Works of Shakes, peare" was the subject bf a lecture by Mr Wathen in St. Paul's, Schoolroom last night, when there was a large attendance, the Rev. J. C. Small presiding. Recitations were cDntributed by Misses Vivian, Ada! Leßrun, Young, Hutston, Ada M'Carthy, and' Gfeorgina Mirk. On the motion of Mr J. Webb, the usual complimentary vota was passed by acclamation.

The Rev. JamesGibb, o£ Dunedin, m&de an. interesting speech (our London correspondent reports) at • a meeting' of the General Assembly of the Free Church of- -Sootland iii Edinburgh. On tha Colonial Committee's report corning "up for discussion, Mr Gibb expressed his conviction that the ffres Cirnrch of Scotland was deeply and heartily 'interested, in the work he and others were doing uader its banner, at the antipodes. He trusted that the bonds between the mother country and the .colonies might long remain intact—indeed, ' that they might nevec be broken.' Proceeding,'Mr Gibb said that;unfortunately there were at present two Presbyterian Churches :id New ; Zs*l*nd, bnt in all probability they would become one in the course of a year, or so.. ■ ■ It-is-stated by the Post that the man SorninerviHe, now' awaiting trial for the Masterton murder, is.believed to be absolutelydestitute, and unabla to provids himself with counsel for his defeuca. ?he Goverumsnt will: not allow him more than a fee of 10"guineas,' atd this is bo1; sufficient to obtain ths professional assistance desired.

The; : report presented at the half-ye&rly meeting :. of the Wellington Tjpographiep.r Union states that the prospects of the trade are still bad. The: board desires members to cause it to be known as widely, as possible that the supply of compositors far "exceeds the demand,. and is likely to do .so, for some yeafs Parents qhould therefore be dissuaded from placing their children at an employment that affords no reasonable hope for their future ■welfare/ ■ ■■•■ -:- ■ ■ '■'-■ ' '-:' .■ . ' ■.■,-;

Professor W. A. Davis, who is said to baa clever exposer of the frauds of the professed spiiituaiistie mediums, will shortly visit Dunedin. . He is at present in the North Island, and an Aucklaud paper, referring to the entertainments given by him, says that-not only, is' Professor Davia'a exposition oE tha trickery-of! spiritualism ; excellent in itself as a" scientific" eatartainment, but it is an objsct lesson to the number of people who are liable to ba attracted by supsrnatural fads.

The Taieri County Council invits tenders for culverts and formation: at Barewood. Messrs Park, Reynolds, aud Co. will sell tomorrow a shipment of shrubs and plants from Mr H. O. Greeu s nursery, Auckland. ' '■'■■■ Ihe adjournsd summoned meeting b£ the Hand and Heart Lodge, M.U.1.0.0.F., will be held this evening. ■■■..•■. . . : . . ...

. ihe Mutual Agency Company will hold a clearing sale of'sheepj;cattle, and horses at Silver-'' stieaiu,;Nprth Taieri, on Thursday. , llie New, Zealand Loan and Me&anlile Agency Company announce that they have beea instructed to svjl at auction the valuable Mount' Stuart estate. ■ '•': "■• : . . . ... .

■v£r S r< Mlller will give a laundry leasou at the M.W.O.A. ROOlll3 this afteruooa and evening, whan she will show hnw to char, starch, explain tne best -way to wash flannels, and the use of the Chinese polishing iron, and illustrate crinipiug, golretmg, and getting vp1 lace. • lh« for the Norwich Union Kre Insurance Society for 1894 haa been forwarded to us by the local a S ents. tho Perpetual Trustees Company, iono <v>n Pr?mium t or the year amounted, to iMU-,,0,0, being an iucreaae upon the previous year of £22,292, and after setting aside £300,690 as a reserve agaiDßt liabilities on policies not run off, a balance was left at the credit of profit and loss account; of £231,072, out of which a dividend of ±4 per share wan declared, the undivided balance being £157,07 - • ' : "I have much pleasure in certifying to the curative properties of Mr Loasby's '"Walioo.' I used it for Piles and TndigestioD, with the happiest results.— David Hood, blacksmith, Maclaggan street."—[Akvt.] ■ Mr Chas. \y"m..Hay, Dentist has removed to premises corner of Ei*h and Ciarke atveats (first street past the Arcade), Duuedin.-t'ADVT.] It-you want crockery, xlassware, and all household requisites go to Montague's. The cheapest scop in Dnnedin.—[Abvt.] Having admitted Mr B. Hv Scott into partnership, we shall now trade under the titlft of W. and R. Scott, Tailors and Clothiers(lateW. Scotland Co\-[advt.]. ... ■ .;. _ John Hislop, Watchmaker and Jeweller, 74 Princes street. The oldest established house ia town. Repairs of all kind?, (rood assortment Watches, Clocks,- and Jewellery. Spectacles to suit all sights.'-CADvr ] _ Mes-rs Kidd and Co., surgical and mechanical dentists, notify that theyhavecommenced business opposite Cargill's Monument, Princes st.—[AnvT.] MorxisoN and o.'s annual sale now on. Send for price list of 12 pages. Post free. Mollisoa and Co., drapers and clothiers, 195 and 197 George street, Bunedia.—[Advt.] > Messrs A. and J. M-F.v!t,i,ANE beg to o*ll attention to their advertisement over the leader. Any orders entrusted to them will receive the best attention.—fADVT.] See G. and T. Young's Christmas advertisement on first page, and note that'watch, clock, .and jewellery repairs receive personal supervision of Mr T.G. Young. Competent workmen only employed. Satisfaction guaranteed. Moderate prices.—[Adv.] Specially prepared sortawater for invalids, as supplied by Thomson a.ni> 00. to the Duucdm and Wellington Hospitals, Union Company's entile fleet; and other pubHc institutions. In .nearly all cases of sickness Thomson and Co.'s sodaivater is held in high esteem by physic|an3 for its purity and wholesome action in assimilating with milk and other nutritious liquids. Labelled with name and trade mark.—l Advt.J