BANNED BOOKS

Dominion, Volume 12, Issue 5, 1 October 1918, Page 7

BANNED BOOKS

AND P.P.A. CRITICISM

GOVERNMENT'S POSITION

FULL STATEMENT BY SIR JAMES ALLEN. Tlio-Acting-Prime Minister lias handed to the Press for publication a copy of a letter sent by him to tho Ecv. A. jDoull, Presbyterian minister, Palmorston North, relating to the detention by tho Government of certain religious literature. The letter runs:— • "I have tho honour to acknowledge tho receipt of your letter of August 24, conveying a resolution passed at ji public gathering held under tho 'r.uspices of tho Palmerston North branch cf tho Protestant Political Association protesting against tho action of tho New Zealand Government in prohibiting tlio circulation,of certain literature. "There is so much misunderstanding upon this point that I deem, it w:so to send you tho fullest information.

"Tho War Regulations of December '4, 1916, prevent the publication cf matter having a tendency to 'excite such hostility or ill will ■ between different classes of His Majesty's subjects as may endanger the public safety in respect of the present war.' By the regulations of October 11, 1915 (as later amended by substituting tho At-torney-General for tho Minister of Defence), , it is 'provided 'that , the Attor-ney-General may by notice gazetted prohibit the said of any book or other publication the wile of which ho deems injurious to the public interest in respect of the present war,' and after such prohibition tho salo or distribution of any such publication is constituted an oflfer.ee. It must be obvious that it is the duty of the AttorneyGeneral to-prohibit the salo of books and publications which cbmo within the definition of tho regulations of December, 1916. Tho Customs laws and Regulation No. .3 of the regulations of June 21, 1918, empower the Minister of Customs to detain such books or publications. When publications passing through the Customs' in Now Zealand are found to be of a nature which it is the duty of the Attorney-General to consider, it is manifest that such publications must be detained at tho Customs under the authority of the Customs laws'and regulations -until opportunity is provided for their perusal and consideration. . In order to prevent differences of view between the officials detaining the boois at the Customs and the Attorney-General, it was arranged that the Minister of-Customs and tho !Aitorney-General should act together, and that they should appoint an independent expert to adviso them jointly. TJnder this arrangement Mr. Martin Chapman, K.G., was appointed, and I have no doubt that you will agree with me ho is absolutely free- from bias or prejudice oE any kind in such matters. lYom time to time reports havo been obtained, from Mr. Chapman upon the various documents which have been submitted to- him for. perusal. Wherever Mr. Chapman, has recommended the publications should not be allowed :to be circulated ho hns given his Teasons, and the. Minister of Customs and the Attorpey-General have not only considered . the reasons but have looked at the literature sufficiently to ascertain whether they agreed with. Mr. Chapman'si reasons. I am informed ''that they have not found it necessary to dissent-from Mr. Chapman's views in any case, but they have r.evertheless exercised their independent judgments. "Mr. Chapman's reports go to the 'Attorney-Genewil, and he decides whether the documents are such as ought to bo prohibited from circulation. Tho original detention is a formal act; permanent detention., is the. result of a decision first arrived-at by the Attor-ney-General, after consideration of tho report of Mr. Chapman, and subsequently concurred' in by t3ie Hon. Mr. Myers, and. flie method pursued is adopted with the authority of Cabinet"The practice with regard to tho prohibition or literature is set out in a letter from tho Hon. the Attorney-Gen-eral and tho Hon. Mr. Myers to J. S. Diekson, Esq., M.P., on Juno 4, 1918, a copy of which I attach. "No book or document has been permanently detained at tho Customs the contents of which did not exceed limits of controversy which tho At-torney-General and Mr. Myers there attempted to define. "Referaico has been made in cori'cspondei)C|3 which has reached me to two works .of which Dr. Alex. Robertson is tho .author, entitled "The Roman Catholfc Church in Italy', and tho 'Papal Conquest.' As a matter • of fact these books have been the subject of most earful consideration, and their detention was merely condStional, find not permanent, until-Mr. Chapman's report on them was recaived , on the 11th The greater part

of the contents of tho books did not Exceed tho limits defined, but in each of the books thero are gravo charges of immorality against persons_ who have taken the vow of celibacy in the Roman Catholic Church, and because of the inclusion of that clans of matter it has been thought advisable- to prevent the circulation of tho literature. I cannot understand why circulation during the war of books winch contain such" allegations should bo considered desirable by any section of the public. "I also forward a copy of a statement that I made to be circulated through tho Press Association on the 24th Instant, and I draw your attention to tho secor.d paragraph, and most earnestly hope that sectarian bitterness may bo avoided." _ Tho letter to Mj. J. S. Dicksoii, M.P., referred to in Sir .lames Aliens letter was as follows :— "The question of permission for entrv into New Zealand from abroad of printed matter, questionable by reason, of its character in time of war, is 0110 to bo decided by the Minister of Customs. The stoppage of salo or other circulation of literature already in New Zealand, or printed in New Zealand, is a matter controlled by the AttorneyGeneral. "To ensure as far as possible uniformity in the principle of <uir decision we have arranged to net together in determining the various questions involved, and, at our request, Mr. Mar-tin-Chapman, K.C., has kindly consented to read and act as censor ot all literature referred to him by us, and to advise us as to its character. - _ "Our duty is to prevent, during tho war, the circulation of matter objectionable for numerous reasons, of which it is only necessary at present to define three general classes, viz.: (a) Incitement to resistance of tho law; (b) treasonable as having a tendency to assist the enemy; or (c) so oft'ensivo in language, allegations or insinuations ae to give rise to justifiable resentment by any claims of tho community. "tinder class (c) we have to deal with the literature in respect of which you have made representations, aiid of which the books ami pamphlets .already stopped at-tho Customs are examples. Every work must be considered and dealt with on the separate considerations affecting its special character, but we think it desirable to lay down for your guidance some indication of tho general principles we propose to adopt in regard to tho class of printed .matter which your association desirez to circulate.

"Literature attacking any religious doctrine' or.-political principle :s only objectionable if the language used is outrageous in its violence. Again, tlie attribution to a religious sect of objects distinct from the advancement of religion is not of itsolf sufficient co justify intervention by the Government. But the. attribution of habitual immorality to classes of persons who have taken a vow of celibacy is beyond tho line of permissible controversy during the war. itcmbers of one of euch classes eannot defeud themselves, and the- publio peace and safety wciil be endangered : if 'the _ circulation ot such matter were permitted."