THE TYRANNY AND THE PRESS.

Dominion, Volume 5, Issue 1247, 2 October 1911, Page 8

THE TYRANNY AND THE PRESS.

WARD GOVERNMENT INDICTED. AS AN ENEMY Ob 1 POPULAR LIBEBTY. [Br JuiIYMAN.] V. THE GAG. "Gag Clause" of Sccond Ballot Billi 1908—How defended—Fight in Parliament —Curious Sayings of Premier and Attor-ney-General—Juries Again Set Aside—Mr, Millar's Gag Clause—The Gag before the French Revolution. Wo may form some idea of the magnitude of the crisis (in England, 179J--1801) by considering the steps which were actually taken against the two most important of all our institutions, namely, the freedom of Uio public press, ami the right of assembling in meetings for the purpose of public discussion. These arc, in a, political point of view, tho two most striking ijceiiliaritiea which distinguish us from every other Kuropean people. As long as they aro preserved intact, and as long as they are fearlessly and frequently employed, there will always be ample protection against tho;?e cncroachincnts, on the part of Government which cannot be too jealously watched, and to which even tho freest country is liable. To this may bo added, that these institutions possoss other advantages of the highest order. JJy encouraging poll- , tical discussion, they increase tho amount of intellect brought to bear upon the political business of the country. They also increase the total strength- of the nation by causing larec classes of men to exercise faculties which would otherwise Jic dormant, but which by thetc moans arc quicliened into activity, and become available for other purposes of social interest. But in the period we arc now considering, it was deemed, advisable that tile influence of tho people slionld be lessened; it was, therefore, thought improper tliat they should strengthen their abilities by exercising them — Buckle's History of Civilisation, CliapTii. In tlio preceding articles I have shown that tho Ward Government lias endeavoured with a large measure of suocoss to subdue and debase tlio press of New Zealand by administrative improprieties, and secret influences; tluit it has likewise planted the little seed of such an oppressive and unconstitutional censorship as was l'orever rooted out of the British polity along with'the Stuart despotism 220 years ago; and, further, that it has even ventured, in its dciicnnination to protect an'autocrat from the l'orco of public opinion, to attack the sacred right of trial by jury and to load the very scales of justice. Is it needful to say more? Whatever material yet remains untouched, would not a continuance of this recital of political infamy be but as a slaying of tho slain? Perhaps. But it will bo better to take no risks. Let us not have to say on a later occasion. "We have scotched the snake, not killed it.'' The Crime of Speaking and Writing. The Hansard report of tho proceedings of the House iu Committee on the Second Ballot Bill, September 4, 1908 (Vol. Hi, p. 671 contains tho following:— The Right Hon. Sir J. G. Ward moved to add the following new clause :— "18a. (1) During the interval between tho first and second ballots it shall not be lawful for any candidato at the second ballot', or for any person on his behalf or in his interest, to call together or take part in any public meeting or any meeting of electors (whether the admission to that meeting is general or restricted), or to address any such meeting. (2) During tho interval between tho first and second ballots ,it shall not' bo lawful for any candidate at tho second ballot or any other person to print, publish, exhibit, or distribute, or cause to 1)0 printed, published, exhibited, or distributed, any advertisement.,.notice, address, article, or other document with intent to promote, procure, advocate, oppose, or prevent tho election of any candidato at tho second ballot, or to iuiiueuce or procure the vote of any elector at tho second

ballot. "(3) The provisions of this scction shall extend and apply to any period after the close of tho poll on the first ballot, notwithstanding the fact that no declaration or notification of (ho result of tho first ballot or of the takiiifj of a second ballot may have been yet mado by the Returning Officer; and during any such period every person shall, for the purposes of this section, be deemed to lie a candidate at the sccond ballot who is subsequently declared to be a candidate thereat by any such declaration or notification. "(■I) Any person who commits a breach of'any of the provisions of this section, or who instigates, aids, or abets any breach thereof, shall bo liable on summary conviction before a magistrate to a fine not' cxcceding two hundred pounds." New clause added. Thero was no division, and it appears from tho daily papers that the clause was not even discussed (Hansard docs not report discussions in committee). A few minutes minutes before 1 a.m. on a Saturday—tho House adjourned. Dismay and Indignation. By the time the Bill reached the Legislative Couucil, people inside and outside of Parliament had begun to see What the clause meant, and we find from tho Hon. Dr. (now Sir John) Findlay's speech, in moving tho second reading (September 11), that it had hecomo known as tho "gng clause. Most people will remember something of the storm of protest with which this proposal was received by the press aud the pcoplo all over the Dominion. Even the Ministerial newspapers joined in tho outburst of dismay and indig-jm-tion. One, at least, of these—tho "Lyttelton Times"—stated that if the "gag" becamo law, it would, upon tho first opportunity, set it at defiance. Such au idea as the absolute prohibition, for a period of several days, of all public discussion and public information on tho issues which the people of a particular district aro callod upon to dccido by vote had never before been put forward in New Zealand. Its reception showed that the long years of "Liberal" government had, at all events, left tho national conscience not too feeble to make itself felt in opposition to such a shameless assault upon tho liberty of tho press and tho right of public meeting. Tho Attorney-General's "Reasons." Dr. Findlay asked his fellow-Councillors "to bo on their guard against the unconscious sinister influence of those who adorn the public press." He objected to the word "gag." His own expressions were "peace," "silence," etc., etc. His arguments for tho clause were: (!) That tho candidates would bo too tired to talk; (2) .that it would bo unfair to let the press talk while tho candidates were at peace; (3) that if the candidates were not silenced a rich one would have a better chance than a poor one; (4) thatj all the necessary talking could lw done before the general polling day; (5) that tho Council, if it threw tho clause out, •would be guilty of discourtesy to the other House, and "a false affectation of independence." I think that is an accurate summary of what I suppose I must call (sincc tho lips from which they fell were those of an Attorney-General) his reasons. (Hansard, Vol. 115, np. 29-31.) Incidentally, Dr. Findlay explained that, even during the "peace," the nres# would bo able to discuss general politics. If a Court found that the "dominant motive" of an article 'was not " the keen-inj-out of a candidate or tho pulfing-in of a candidate," the defendant newspaper would not bo convicted. But surely it must bo clear to everybody but Sir John I'indlay that when a newspaper in the midst of an election contest is writiwr about politics its "dominant motive" ought to bo to show why one candidate should he kept out and another put in. Otherwise its conductors are neither good journalists nor good citizens. Tho individual who could say what the AttorneyGeneral said must be ignorant of what a newspaper is and what nil election is. Ho was so generous as not to blame tho newspapers for objecting to the clause, Tho Mlcnco "mast necessarily result in their columns being a little less readable

tulip tney usually mo, and probably. a littlo loss remunerative than they usually oref Which means that tho people wero to bo prevented from getting something which tlicy ivould very much like to have, and which is in its general nature not only wholesome but necessary to tho political life of a community. To cut off tho supply of news, and tho means of expression, upon any excuse whatever, is as wicked and foolish as it would bo to closo the baker's shops for a week every limo tho Attorney-General had a crumb stuck in his throat. He Really Believed in It. Tho debate ran strongly against th# Gag Clause, but the second reading wan curried on tho voices. This Attorney-General, in his reply, took occasion to assure the Council that ho really did believe in the gag. He said (Hansard, Vol. 115, p. CO): I ask honourable roemibers to accept my assurance that 1 was not speaking this afternoon as though I had a brief, as has been suggested! but I was placing before tho Council tho \iow3 which, in my judgment, do preponderate in favour of the clause. An Old Liberal's Opinion. A good light was put up against tho clause in Committee of tho Council, An amendment moved by tho Hon. John. Rigg, with a view to killing it was only defeated by 16 to 15 (Hansard, Vol. 145, lip. 305, 308.) One of the supporters of this motion was Sir G. M. 0 liorke. 'tho respected ex-Speaker of tho House o{ Representatives. I regret (lie said) that, this measure should havo been brought forward by a Liberal Government. . . .1 hopo that if nothing elso is done, wo shall protect the liberty of the press from tho gross intcrfercnco with its rights, which is being not covertly but opwajy attempted by this Bill. (Hansari Vol. 115, p. 305.) "Looks Like It." The gag was afterwards fought in Hi# other House. The only interesting remark mod© by Sir Joseph Ward while urging tho Hoiiso to accept the clause was this: Now, just one word about this intcrfercnco with the liberty of tho press and with the liberty of tlio speech of the people. Sir, I, for one, am against interfering with tho liberty of tho press, and I am against interfering with liberty of speech. 1 stand for the fullest freedom iu every possible respcct Mr. Massey: The Bill looks like it. Whereupon, Sir Joseph Ward promptly changed tho subject. Tho great assistance which the "peace" and "silence" of tlio gag would bo to "underground engineering" was pointed out on several occasions by members ol both Houses. It was felt that something of the sort must bo tho object of tho clause. It was % oertainly not intended, to encourage peoplo to think about politics, and probably even those who planued it knew that publicity is tho natural condition of free political discussion, and that secrecy is the appropriate atmosphere for any improper method of influencing am election. In tho end tho clause was abandoned, ostensibly bccauso tho two Houses disagreed on certain details, but really because of the indignaton which it had aroused in Parliament and tho country, Trial by Jury Again Set Asido, Before i leaving this part of tho subject I must quote 6omo remarks by the Hon. O. Samuel, in tho Council. He>did not approve of Sub-sectiou i of tho Gag Clause, and ho said: It is inexpedient that such offences as the Bill contemplates in Clause 19 should bo considered beforo and finally determined by a magistrate—ona who lias no security of tenure; one who may have been appointed by the Government of the day; one whoso salary may from time to time be materially affected by political influences, and who may be shifted about to any other portion of tho Dominion at tho will of the party i'n power. ... In tho nature of offences such as those, punishable with a fine up to JC2OO, and still more so in tho case of offcnces as to which political,feeling is bound to run high, and in adjudicating on which, above, all other offences, a judicial spirit is essential in the tribunal, which is to dcoidc —it cannot surely be held otherwise than as extremely inexpedient—ave, deplorable— that tiic decision .should rest on such a tribunal as a stipendiary magistrate, without tho accused having right of a jury or right of appeal to tho Supreme Court. Just what might have been expected. As in tho Libel Act, so in tho Gag Clauso. Whoa tho Tyranny sets out to dca.l with tho press, it is particularly careful to dodge our old friend the common juryman. Another Attempted Gag. Another gag clauso was proposed, in another Bill during tho saiuo session. The Hon. J. A. Millar wished to include tho following in his Industrial Arbitration Amendment Act, I'JOS:— While any unlawful strike or lockout is taking place or impending, any person who publishes in any newspaper any expression of approval or disapproval, whether by himself or by any other person, of the unlawful action of any person in relation to that striko of lock-out, is liable to a penalty not exceoding .£SO. (Hansard, Vol. 115, p. 299.) "It is about time wo stopped this legist lation to gag tho press," said the Hon. Mr. (now Sir Arthur) Guinness. It u about time wo recognised that tho references in tho press to strikes have done good." Ho moved to striko out tho clauso, Tho Minister defended it, saying that, "if a striko was to bo quickly settled, the less published about it the better.' There was 60 much opposition to tlis clauso that Mr. Millar consented to part with it. • (Daily newspapers, September 19, 1909.) Financial Criticism a Crime, Another outrageous attack on freedom of discussion was threatened by Sir Joseph Ward a couplo of years ago, but ha has not yot followed it up with action. Tho time has come (he snid) in the interests of the people of all classes in Now Zealand, when wo require to protect this Dominion from a very dangerous section, who aro prepared, with the object of their owu personal advancement, to try and destroy tho financial fabric upon which the Government finance is eroded, and though they aro utterly indifferent to tho fact that they aro injuring the finances of thousands of private people, traders, farmers, and others, by adopting such an indefensible course. I intend to ask Parliament, in the interests of tho peoplo, to provide a remedy. (Hansard, Vol. 14G, p. 270, Juno 15, 1D09.) In other words, Sir Joseph Ward's finance is perfect, and to hint a doubt is treason. He added that what he was proposing had actually been done ill Canada. That surprises mo. I admit it was douo in I'ranee, but that'was a long time ago. Tho French Government, away back near the year 1770, was nothing if not thorough. It issued a decree forbidding any work to bo published in which questions of Government wero discussed: it made it a capital offence to write a book likely to | excite the public mind, and it denounced the same penalty of death upon all writers | who referred to finance. (Buckle's History of Civilisation, Cliap. 12.) such enactments, the rulers of France, naturally enough, went ov to consider a proposal by the "Avncat-Gcneral" (I suppose we should say Alton'-v-Gen-oral) to do away with the publishers altogether, and allow nothing to ho printed except by a State-controlled press. But before Sir John if that w;>«. hi- n:'' l " —had an opportunity of pultin- ''lis "Liberal" idea into practice, lb. IYm-Im-tioiv occurred, devolutions Jn !■" such times, and nobody is liinir km than the Findlay of the dnv, vjuvho '.nay happen to be. (To Be Conclude!.)

Tlio Associated Auctioneer* advert.'-* particulars of a stock sale to tali" plst" oil Wednesday, October 4, at tlio Folwt-.v salo yards. Tlio Christchurch City Council invito tenders for the supply and erection' >>i suction gas pumping plant and station. Priww fortho longest term of domestic sen-vino iiv 0110 place wore offered at Hampton flower show, Devon, and the winner iv,is o woman who bad been in her pro sent employment tor oyer Dinetocn yeaw.