WAR REGULATIONS

Otago Witness, Issue 3276, 27 December 1916, Page 49

WAR REGULATIONS

ADDITIONAL REGULATIONS. DRASTIC PROVISIONS. WELLINGTON, December 21. An Order-in-Oouncil under the War Regulations provides as follows: If tho Commissioner of Police is satisfied that any place is about to be used, or likely to be used, for holding a meeting or meetings having reference to the war, and of a kind injurious to the public safety or the interests of His Majesty in respect of the war, the Commissioner may, by notice, prohibit the-use of that place for a meeting having reference to the war. So long as any such notice remains in force with respect to any place, every meeting held in that place, and having reference to the war, unless held in pursuance of a written permit issued by the Commissioner of Police, shall be an unlawful meeting within tho meaning and for tho purposes of these regulations. Every person who permits an unlawful meeting to be held in or upon any premises or land owned or occupied by him shall be guilty of an offence against these regulations, and shall be liable accordingly. Every person other than a constable or person acting in aid of the police who is present at an unlawful meeting, or who is a party to the holding of such a_ meeting, shall be guilty of an offence against these regulations, and shall be liable accordingly. So long as any such notice remains in force with respect to any place, a constable may at all times, by day or night, when he has reason to believe that any meeting is being or is about to bo held in that place, enter upon that place and upon every part thereof, and anyone who obstructs a constable in the exercise of this right of entry shall be guilty of an offence against these regulations, and shall be liable accordingly. Every such notice shall be given either by publishing the same in some newspaper circulating in the neighbourhood of the place to which the notice relates or by publiclv exhibiting the same at that place. Every person who, without lawful authority, removes or otherwise interferes with any notice so exhibited at any time while it remains in force shall be guilty of an offence against these regulations, and shall be liable accordingly. It shall bo sufficient if any such notice issued in respect of any place sets forth that meetings having reference to the war are prohibited in that place underlie War Regulations. Every such notice shall remain in force until revoked by the Commissioner of Police by notice published in some newspaper circulating in the neighbourhood of the place to which it relates. In these regulations "meot : n£r" means anyassembly at which more than 12 persons are present. "Place" means building or part of a building or public place within tho meaning of Part II of "The Pol : ce Offence* Act, 1908." or a piece of land owned or occupied by any person.

SEDITIOUS UTTERANCE. CHRISTC'EIURCH, December 18. Fred R. Cooke, a prominent Socialist, has been arrested on a charge of making a seditious utterance at Christcuurch on December 10, thus contravening the War Regulations. December 19. In the Magistrate's Court to-day, before Mr H. W. Bishop, S.M., Fred Riley Cooke, a prominent local Socialist, was charged with on December 10 having expressed a seditious intention contrary to the War Regulations. The charge aroae over a speech at the Socialist Hall, during which Cooka denounced the Conscription Act. Cooke pleaded not guilty. After evidence had been heard, Cooke said: "I should like to place my case before you ; that is, of course, if the court has any toleration for what a pacifist lias to say." "Go on," replied the Magistrate. " When Reynolds was before the court," accused went on, " you expressed a desire to get behind the mind of a pacifist. I will therefore endeavour to show you what is, and was, behind my mind. On one page_ of the daily newspaper there was a bare reference to three boys in one family, two of whom were dead and the other missing. In the same newspaper there was a column of a report of the freedom of London having been conferred on Mr Massey. _ That does not appear to bo a very fair distribution of honours. As a student of psychology" The Magistrate: 1 don t wish to interrupt you; but I ana not going to allow a long rigmarole on political matters, especially on subjects which have happened in England. You will havo to confine yourself to the subject matter of the charge. Here are the regulations which define the position. I will also hear anything in extenuation." Accused : " But I am trying to show what is behind my mind. As an equal citizen with you, I say I was brought up with belief in the freedom of a Britisher. I claim to havo tho right, therefore, to criticise any Government which goes beyond the powers it w-as vested in when elected." The Magistrate.: "You have no right"— At this stage there was somo laughter and disturbance from the public, which subsided as the court orderly walked towards the source. "You havo no right," Mr Bishop resumed, "to interfere with tho recruiting requirements of tho country." Accused: "As Socialists and pacifists we stood asido when the voluntary recruiting business w : as on, but when men are compelled to servo I wish to place before the public, yourself included, my and our attitude towards conscription. I say as a pacifist and Socialist I will raise my voice" Tho Magistrate: "I want to understand you, and I want you to understand your position." Cooko (in an aggressive and defiant manner): "A 3 a pacifist, I say, with all respect to the court, I will make speeches. As a Britisher I" The Magistrate: "Do you still persist in your intention of speech outside?' " I certainly do," replied Cooke*

" If you do," replied Mr Bishop, "it must affect your position when determining judgment."

Accused (heatedly): " I must persist in my intention, whatever the consequences." The Magistrate: "Very well; 12 months' imprisonment."

ANOTHER ARREST. WELLINGTON, December 20. Peter Fraser, secretary of the Social Democratic party, was arrested to-night on a charge of publishing a seditious utterance in Wellington on December 10. The members of the Anti-conscription Conference sitting at the Alexandra Hall wera not altogether surprised to-day to receive a visit from, several detectives, who called aft the hall, but did not gain admission. Mr Dowgray (chairman) had a few minutes' conversation with the officers, who left the building. It appears from what happened later that the object of the visit was to ascertain whether Peter Fraser (secretary ot the Social Democratic party) was present. At all events, Fraser was arrested in Abel Smith 6treet to-night when he was on liifl way to the evening session of the conference. He was taken to the Lambtoii Quay Police Station.

The gravamen of the charge against Fraser is contained in three words: —" Publishing seditious utterance." The data of the alleged offence is December 10, and the place Wellington. On this date a masJ meeting was held in the Alexandra Ha.IL and a resolution was submitted and carried calling upon Parliament to repeal the Military Service Act. The speakers included H.E. Holland (editor of the Maoriland Worker), P. Fraserj and T. Brindie. Fraser is » waterside worker, and has been resident im Wellington for some years.. Ho hails front Dunedin. He is an active worker in the Socialist cause, and has been associated with the campaign for the repeal of the Military, Service Act.

December 22. In the Magistrate's Court to-day the Crown proceeded with the charges of sedition against Peter Fraser and Thomas Brindle, two prominent Socialists. Ths court was crowded, and Mr Riddell, S.M.. presided. Both pleaded not guilty,_ and conducted their own defence. The evidence for the Crown was of a formal nature. The defendants addressed the court at considerable length, claiming that their speeches -were perfectly justified under section 108 of the Crimes Act, which state! that it shall not be unlawful to attempt to procure a correction of error and defects of the Constitution so long as lawful mean* are adopted for that purpose. 'They thought that the repeal of the Military Service Act would be in the interests oj the community, because it had aroused feelings of hatred. Both elairried that their speeches contained statements of fact only, and as such could not he regarded aa seditious. The magistrate- Raid he would read through the whole of the speeches and giw his decision to-morrow.

FRASER AND BRINDLE IMPRISONED. WELLINGTON, December 23. Fraser and Thomas Brindle, tyro prominent Socialists, who were charged with using seditious utterances at Wellington aa December 10, were to-day convicted by Mr Riddell, S.M., and each sent to prison for 12 months. PROSECUTION AT HAMILTON. HAMILTON, December 21. William M'Manus, a middle-aged man, was charged to-day with making seditions utterances. He was remanded, and ball was fixed at £6OO. December 22. William M'Manus, aged 45 years, was sentenced to a month's imprisonment for making a seditious utterance. THORN CONVICTED. AUCKLAND, December 22. In the Police Court, James Thorn, charged with using seditious Utterances m. a speech in the Globe Theatre, was sentenced to 12 months' imprisonment. RAID ON NEWSPAPER OFFICE. WELLINGTON, December 19. This morning the police, under Superintendent Norwood, raided tire premises of.the: Maoriiaiid Worker, and seized a quantity; of anti-Conscription literature. They alsot arrested James Thorn, a well-known Socialist, on a charge of seditious utterances" a> Auckland on the 10th inst.