PRIVILEGE!

Dominion, Volume 5, Issue 1484, 5 July 1912, Page 5

PRIVILEGE!

QUESTION RAISED BY MR M'CALLUM

ALLEGED LIBEL.

GRAVE CHARGES IN A LETTERCOMMITTEE SET UP. In tli? House of Representative; yesterday alk-rnoon Mr. 1!. M'Calluni (Wtiiraii) stated that he regretted at such an early stage <if his political history, having io perform the unpleasant duty of raising ii. breach of privilege. question. Ik , had had to move that it letter, published on March 25, by W. Sinclair lo W. C'arr, w«s a breach nf privilege of the House, inasmuch as it contained a libel on ;i member of (he House. Tho le.lter in question was handed to tho cleric to be road. As Jtr. OUcrman started to read, Mr. Massoy raised a point of order, remarking that ho would liko to know whether tlio letter had been published and if not whether it was possible for it to bo a breach of privilege. Jlr. Speaker: I understand tho lion, gentleman to say that the letter had been published. Mr. M'C'allum: It was published to a member of this House and by that member to me. It was received by a member of tlio House. ' Mr. Speaker: I take it that that is quito sufficient publication. The Legal Position. Mr. Jas. Allen (Bruce.) quoted a number of rulings to the effect that in order to entitle a question nf privilege to have, precedence, it must be. (in urgent one, and 1 another to the effect that to constitute a, broach of privilege, reference, must bo niado lo members in the discharge of their duties in the actual business of the House. The Hon. J. Hanan submitted that until tho document had been read and its contents disclosed, no member could ray whether it was a breach of privilege or not. The letter contained serious allegations against a member of tlio House. If tins was nnt a matter of urgency, what could bo claimed as urgent? Tho Hon. G. Lauraison also snoko to tho point of order. Mr. AY. Frascr said that tlio whole point was not whether a breach of privilege had been committed, but whether the matter was of such urgency os to justify its being allowed to interrupt a no-coniitlonco debate. Prime Minister's Attitude. 'Jlie Prime Minister declared Hint tho matter should bo dealt witli as ono of urgency. Thero had keen too many breaches of privilege lately. Had ho been a younger member of the Hon?« lie would have brought up a breach of privilege in reference to a questioning of his honesty i't connection with a very important picco of public work that lie had recently done. The Speaker asked the lion, gentleman to confino his remai;ks to the point of The Prime Minister said that the mem ber for Wairau had emerged from the election inquiry without the slightest im- | piitition resting on his charaeier. I Mr. Massey submit ted Mini (lie Prime Minister was discussing tho main quesTlie Speaker stated that only the point of order could be discussed at that stage, and rrques'od members to confine their ntl"ntimi to it.

The. Prime Minister said that Ihe member for Wniraii had not brought this matter nil with his consent. lie hod not seen what wns in the document. If the member for Wair.-ut had brought (ho matter forward at the earliest possible mnment it. was a ma'iter of urgency. It was duo to the TTou=;> tlmt a.inn(h>r nfl'ccHun H<-> honour of Hie House should lie gone, into at tlio earlM. <w-s<Wo mnmont. Thn Hen. G. W. Russell said Hint Hie member for Bruce had ignored Ilia first rutins under the lieadin? of privilege., which must 1<» cl"iU with as soon as it (~n n, 'i» hnfnve the House. Mr. Allen poin'ed out. Hint "dealt with" did not mean "dealt with immediately." "Private Detective Business." Mr. M'Cnlliim said that he had roceiv<?d the letter late on Hie previous nirrht. Tt hnd been known to him HmttV=c letters were being circulated throughout I New Zealand. He had been doinsr some priva'o detective bnsin-psa for month's. He knew that his friends of tin? Onposition would join with him in renrolnting this atr»mpf to damacre a man's elinractor Mr. irCnUnm announced that ho intended to Knn-ardise ri.o columns of the jud-rment in tlio Wairau election ens". sr> Hint it nv-rTit -Tnrrar side by «ido wiH' "thi= <".i«taTdly libel." Mr. n. Wittv fPiccartou) accused the Onnneitinn of <lesiri<ii to hinder a membe<- froni clcariiw his character. Mr. R. H. T!horle= (WlfSii-'evel emnhaticnllv rWetl the statement of the member for RircsTrnn. The Sneaker ruled that the mutter should Tone on with forthwith. There, was o rule, ho said, that mictions of breach of privilege must 1-e dealt v.<n> at o-ce unless fh?r vre slalc one=tiniis. IT« bad <he nf-tli» wwlw f«r Wai ran (hat his first knowledge of this matter ira« gained when ho rwlvrd a letter on the previous niffht. Aotioc of motion was not iiecewirv inilesstwenlyfoiir Iraurs or a considerable period, had eb" c pd. . , Tho Clerk contiimed. and concluded the readiivr of the letter which was the subject of discussion.

THE BASIS OF THE CHARGE. A BLENHEIM LETTER. The letter covers six typewritten pages of foolscap. It is dated irom High Street, Blenheim, on March 2a. 11)12, anil i< from AY. Sinclair to W. Carr, bsri.. Blenheim. It alleges that tho judgment of til" election Court in the cafe ol the AVairau elecion petition was an improper judgment, and that on eleven spmhcdj lioa'cU tho petitioners were entitled to "Mo=t gross and corrupt perjury," the letter proceeds, "was committed by many witnesses, and this was only too sadly and plainly manifest. The perjury was so barefaced, brazen, unblushing-, and callous as Iα bo incapable of toleration, or of being winked at or condoned by lionet moil. "Tho police will do nothing—being the humble wages men of tho Government of the day. I fay nothing against the police. They do tlinir duty according to their lislit.3—but their usual functions begin mid end with the control oF innbriat"s, the prosecution of persons for driving without lights, or trotting round corners of streets. "You cannot expect and you do not expect thrmi to tackle perjurers in high places and embark on a ski of crime for repression and punishment of perjury as part antl pared of their day's work, for which they get the wages of a common labourer. ' "If such porjnrv is to go unpunished, Ihen it renin ins (lie solemn and bemnden duty of good eitiVns to lake appropriate 'leijs to lmrio the fountain of justice from tlin' foul and deadly streams of sworn Ho: ond falsehoods nnured into it in lvuri? volumes by dm witnesses "t tho triil inel; tl>HH.inti>d/' ! Tho lr-lter nl.-o criticises the manner in which Mr. Skerwtt (counsel for (he dcffliico) nrosentPil his case, and the writer nlntes that it: is not tho first occasion on which he (Mr. Sinohir) lias lieon right in his law, antl a judge of the Supremo O'H-t wroii<r in Ms law. Finally Mr. Rinrlnir <;ugei>=;ls that a petition'on the subject should be prrsentf<l tn T'f.rl'ii'i'wt. wilh a rftiuotr that dm iui'Om- should bo referred to the Privy Connril.

Tlio lci-lor cnTiolnil' , ': "T'm inn Her.' iir i-'?lie arc (»io prnvo to lie allowed fa rest as they are. The conduct nf all future olcetion« in 1 hr> IVniiiion tlewnils upon I lip er.rreol- loyiii" down of the law.' T , " (he Grovel'wu nffnir i.- In h- .ipplnmled ii-i Ihe coned Oiinir. and (lie Inst void in tin- purilv of elections in l]v< enunlw. On in«n - like Cirnm'ir and rail (!iiiiinnt-o in I ho rloHion: nf Xew Zcah,v] if thry vi-li l:i. in the inl<rr'l« nf Hi" Slaiul-'rd Oil Coiiimiiy. or Ci«> lni<".. iiiH"iinl Karv'sipr Canirjny. and t!ie I'lentions ill Xew £o;iln"d ran lip n"Miivul'il.cil hv 'i'iiniiranv il:i|] from X«w Xj'orlf.' aud tt.a cltctpra o{ Sow Zealand

can be bought and Bold like bulled ie at Hmithfield. That is what tho judgment of I hi' Kle.-tion Court amounts to. The. principle is viiiniis mid should be foiif;ht at oii.-u to thi' bitter end." A LONG READING. HANSARDISING THE LAW BE POETS. Air, Jl'CalhiM moved— "That in tho opinion of this Houso the publication of (ha letter dated .March lill, from W, Sinclair to W. pin- is a breach of privilege of this House, inasmuch, as it eoniaiiMi a libel on a. member of this House."

He paid ho propo.-xd to ask (ho. indul. goiire of tlio llouso while he put on record »■ limp; extract from the. law rr-jiorls aiv»i;r the judgments of Justices Williams •uid (Jhapm.iii. .Members of Hie Opposition raid .No, but ho insisted that if was hj s light as a. member that lie should "he allowed U> clear his character, lib mpn/iioned Mint the gentleman from whom hrj hnd received the letter was not a member on the. Opposition ado of the House. Members kmw that it was ;,. diilicult mailer 15 I? Uirouffh an election and to keep wiliiiu the four corners ofvlho electoral law, but ho maintained that ho h.-i.d gono through his election without making a Kiiifjlo breach either of tho spirit or tlio letter of tho law. Ho had boon especially caieiul, because ho had a suspicion fioiii tlio beginninif <bat theso Kentleinen who w-ero at tho bottom of this letter were dogg-iiis his steps and watching all his movements in tho election campaign. Ho ventured to say that such precautions as lio had taken h.ul never before been taken by any man in New Zealand to see that no breach of tho law was committed by any of his agents. Ho was suspicious ail along '.hat something of this kind would happen. When ho had referred Ihu case, to his friend, Mr. 11. 1). liell, Mr. 801 l had sympathised with, him and reprobated, the unsportsmanlike action of his oj>puiunits.

Ho then proceeded to-read tho sixtcqn pages of the law reports which contained the judgments of tho Judges who hud heard tho petition. It was evident beforo ho had finished that ho would not complete his (ask boforc liis time-limit, was exhausted. Ho suggested that bo ought to be allowed to put all of the judgments .mi record, and the 1/cader of the Opposition ro?o to say that ho did not think there would l>o any objection raised if Sir, M'Callitni.was allowed to go on. Mr. Speaker ask«l the Houso the usual ((uestion as to whether there were any objections, and there were nouo. By tho time Mr. M'Calluni' had been reading for half an hour, there, wero twenty-two members in tlio House, anil among them were six Ministers, one. of whom was asleep. The Opposition Concurs. Mr. \\. F. Massey 'Leader of the Opposition) seconded the motion. Ifc eocinod to him that there hnd hten a breach of privilege-. There was un.lv one doubt in his mind, and that was as to whether tho letter applied to Mr. M'Calhim 03 member for Wairau, or to Mr. M'Callum as candidate for Wairau. In any case tho course was clear; the matter should bo referred to a Privileges Committee. Mr. U. P. Lee (Oamaru) -said there ivas no doubt that thi letter dill opply to Mr. M'Callum as member for Wairau. The Hon. J. A. Hanan admitted ihat it was customary to refer cases of doubt b> a Privilege Committee, but surely this wps a cas? in which there was nn doubt, Mr. Speaker quoted presents lo show thut the UMial practice wae to reijev cases o£ tho sort to a l'rivik-RO Committee.

Privilogo Committee Set Up. The Prime Minister then moral that a Privilege Committee be set up, to consist of tho following numbers.: The Jlon. ..1. \. Hanan, the lion. If. M'lCoiwc, Messrs. W FraHT. T. E. Y. Seddoii, G, M. Thomsun, H.'Atmore, V. W. I-ing, E. P. Leo, and the mover. Tho motion was earned.