The Ashburton Guardian. Magna Est Veritas et Prevalebit. SATURDAY, SEPTEMBER 22, 1883. The Law of Libel.

Ashburton Guardian, Volume IV, Issue 1055, 22 September 1883, Page 2

The Ashburton Guardian. Magna Est Veritas et Prevalebit. SATURDAY, SEPTEMBER 22, 1883. The Law of Libel.

Among the many measures which, either from want of timje or for some other reason, were abandoned during the session, there was none that we should have more liked to have seen become law than the Bill to amend the law of libel, introduced by Mr J. A. Tole. And yet the question was not even discussed, so. far as our memory serves us, although a kindred measure brought forward by the same representative, dealing with contempt of Court, passed its second reading and received the approval of the Ministry, but nothing more was heard'of it. It has long been admitted that the law of libel as it exists at present stands in great need of reform, but every attempt in this direction is stifled, and the same unsatisfactory state of things is allowed to continue. Had the Bill of the member for Eden become law, it would have been a step in the right direction, and it is to be regretted that the Government did not give Mr Tole more support in the matter. The provisions sought to be enacted were simple enough, and must commend themselves to those who have given any thought to a question which is of importance not less to the general public than to newspaper proprietors. The shird clause provided that any report of a public meeting, so long as it was accurate and published without malice, should be regarded as privileged. The justice of this is manifest, as it is obviously unfair that an ecfitor should be saddled with the responsibility of libellous utterances, simply because he permits the publication of a bond fide report of what was said in the journal under his control. A good deal is talked of the power of the Press in the present day—and no doubt there is ample justification for it—but that power is considerably lessened when it is decreed that it is wrong to tell the truth, if it reflects on the private character of an individual. We were afforded a startling instance of this the other day in a neighboring colony, when the proprietors of the Sydney Morning Herald were condemned to pay a heavy fine for having published an account of tlie working of a certain institution. Can it be argued that in this case the paper in question was not rendering a great public service in thus exposing abuses ? By no other means could the real facts have been disclosed; and yet the reward they get for doing their duty is that they have to pay damages to the person most affected by the report, besides being fined for what is called contempt of Court. It is only right and necessary that the majesty of the law should be upheld, but at the same lime it is absurd to say that judges are infallible, and that their decisions are not to be criticised. Another important provision in Mr Tole’s Bill was that no criminal prosecution for libel should be commenced against any proprietor of a paper before the sanction of the Attorney-General had been obtained. By this means charges founded upon the most trivial grounds would be avoided, as the law officer of the Crown would be empowered to determine whether there was sufficient evidence to justify proceedings being taken against the person accused of libel. A Court of summary jurisdiction, that should decide whether there was a strong or probable presumption that a jury would acquit the person charged, was to be instituted, with power, should the accused desire it, of determining what punishment should be accorded, with the proviso that no fine over £SO was to be inflicted. Libel cases are not frequent in this colony, and when they do occur we generally find that the grounds upon which the accusation is made, are trumpery in the extreme. Had such a Court as that suggested by Mr Tole been in existence, newspaper proprietors would have been saved much expense and more vexation in having to meet charges brought by people who have nothing to lose whichever way the verdict might go. We hope that the member for Eden will not relax in his efforts to secure the passing of his very necessary measure, and that he will be more successful next session than he was last.

The Dunedin police have been inspecting the butchers’ shops under the Adulteration of Food Act, and devoted particular attontion to sausages, which in some cases have been found to contain material other than beef and mutton. Proceedings will bo taken.

The Evangelistic missions to be held here by Mr D. Wright will commence tomorrow. Mr Wright is expected in Ashburton this evening, and will meet the choir at 7 o’clock, and other? taking part in the mission at 8 o’clock in the Presbyterian Church. The Fenstanton’s frozen meat was sent to a number of tho provincial towns in England as well as sold in London, with .the most satisfactory results. The average prices realised were crossbred wethers, 6|d per lb; half-sheep, 7§d per lb ; merino, 6£d per lb ; ewes, 6jd per lb. The lambs brought over Bd. It is reported that serious defalcations have been discovered in the accounts of a clerk named Smith, recently employed in one of the Auckland Banks. Immediately the discovery was made a cablegram wai sent to the Victorian police authorities, resulting in his arrest. Sergeant Bulford left for Australia with the object of bringing Smith back to Auckland. A church parade of the Ashburton Volunteers will be held to-morrow, the men mustering at the Post office, and marching to St, Hephen’s, The usual Government quarterly inspection parade of the corps is fixed for Monday evening at six o’clock. We would remind volunteers that absence from this inspection parade will deprive the absentee of the capitation grant. Poverty Bay is very lively at present, a large number of natives being in Gisborne attending the Native Land Court, which has been sibling for the last month, and will very likely not terminate before the end of October. The Court is doing excellent work defining European titles which have been hung up for a number of years. The ascertainment of dormant titles has already given an impetus to the settlement of the district, and is enhancing the value of all properties. At about twenty minutes to six last evening, a heavy volume of smoke was seen issuing from the chimney of Messrs Baker and Brown's carriage factory in Havelock street. A crowd quickly gathered round the place, and it was feared that a fire would break out. It turned out, however, to be nothing worse than that the chimney had caught alight, and it was extinguished without the help of tho brigade, although from what we can learn tho building had rather a narrow escape from destruction.

A native disturbance has broken out at Waitou. Pirripa Whatawaio, the head of the Ngatingaronga tribes, against whom the decision in the Wnitou case before the recent Land Court was given, .having failed to obtain a rehearing of the case, has gone on to the block with his followers with the object of ousting Harry Simmons and his people, who are at present in possession. They commenced by digging trenches across Simmon ’s private roads through the block and felling trees across the road through the bush, bringing timber cutting operations to a standstill Siramonds, being a very intelligent law-abiding native, though his followers far outnumber the aggressors, has resorted to the civil law for a settlement of the question. Another native trouble is reported from Kawhia where a number of Maoris have destroyed the buoys recently placed by the Hinemoa to mark the entrance of the harbor, and also the channel. The natives looted the store there and ordered the storekeeper to clear out. At a meeting of the Wesleyan Sunday School Committee held last night it was finally decided to celebra'e the anniversary of the school with a tea and public meeting, to take place on Tuesday, 30th October. The Bev W. Beck, of Timaru, will conduct the services on the preceding Sunday, and the scholars, under the leadership of Mr Gamble, are already in active rehearsal for the service of song, which promises to be equal, if not superior, to former efforts. The pieces have been well selected, and are composed of hymns, the majority of which have not yet been rendered before an Ashburton audience. At last night’s meeting a subcommittee of ladies was appointed to canvass members of the congregation for “ tables” or donations, and after discussing minor details the proceeding! closed. On Thursday a tea meeting and gift auction in aid of the English Church funds for the district was held in the Rakaia Town Hall. Tables were given by a number of ladies in the district, including Mesdames Coster, Holmes, Chambers, Lyttelton, Mackie, and Cox, and justice was done by a goodly number of visitors to the nice things so temptingly and tastefully laid out. The Misses Pitt and Deamer presided over the bachelors' table. A number of comic and other views were displayed with the aid of a magic lantern. A varied assortment of articles, from bags of grain to dolls, cocks and hens, dogs, game, and fancy goods, realised about L 25. The balance of unsold articles will be offered at a future time.

The Timaru Herald speaking of the practioeof charging hearing and judgment fees in the R.M. Courts says—Some persons when summoned for a debt in a Resident Magistrate’s Court, in order to save the annoyance and possible injury i f having their names called in Court as debtors, call upon the Clerk of the Court, or send him a proper message, before the day of hearing, confessing that they owe the money claimed. The papers are then endorsed “ Judgment confessed,” and the cases are not called, the effect of the admission being the same as a judgment of the Court, and the defendant was liable to the cost ef the proceedings. In some Courts, including that of Timaru, it has been usual to charge the defendant with the “ hearing and judgment” fee, as if the case had been heard by the Court and judgment given, the fee ranging from 3s to 20i, according to the amount of the claim. The following circular has been issued from the Department of Justice, which forbids the charging of this fee in future cases of this kind :—“ It being understood that considerable diversity of practice exists in the various Resident Magistrate’s Courts with reference to charging the fee when judgment is confessed before hearing, Resident Magistrates are informed that it is considered that such fee is not payable when judgment is confessed before the case is called on for hearing.” Defendants probably think that another circular should be issued forbidding solicitors’ fees which are much higher than the Court fees, being charged in such cases and in cases allowed to go by default also. We believe that a “diversity of practice” exists on this point also, some Magistrates refusing to allow the solicitors’ fees when there is no defence offered.