SOME CORRESPONDENCE

New Zealand Times, Volume XLVI, Issue 10608, 5 June 1920, Page 8

SOME CORRESPONDENCE

LETTER FROM PLAINTIFF'S SOLICITORS. On August Bth, 1919, stated Mr Skerrett, the plaintiff's solicitors wrote the defendant as follows:—. "To the General Manager of the 'New Zealand Times': — "Sir. —We have been instructed by Mr George William von Zedlitz, lately professor of Modern Languages in the Victoria College, to call your attention to the following sentence (among others) which appeared in the 'New Zealand Times' newspaper on the 29th July last in a letter signed 'Citizen': 'ln 1914, the German alien enemy on the Victoria College staff was arrested for a breach of the War Regulations, and was released by one of our Ministers a a a Gorman alien enemy prisoner on parole, and although such, was reinstated by the Council, which declined a proffered resignation.' "We have received instructions from our olient to commence proceedings against you in respect of the above defamatory statements, which upon inquiry we think you will find are unquestionably without foundation of fact. , ~ "You must be aware that our client has been subjected to systematic persecution by anonymous and other correspondents in and communications to newspapers, and in view of this fact ho courts the fullest inquiry into his life and actions. An opportunity for Mich inquiry will bo given when our client is placed in the witness-box for cross-examination; but as a matter of correct procedure we desiro to say that whatever inquiries you desiro to make in tho matter we shall bo prepared to facilitate. "We may say that wo are writing this letter before action only from a sense of professional obligation, and we desire it to be understood that our client will not be prepared to accept a bare apology and withdrawal. Mr Skerrett: "A bare apology. "As you are responsible for the unjustifiable attack upon him, we shall expect you to make ample inquiries into tho conduct of our client and to publish such a withdrawal '. of the statements which have been so widely circulated about him, which, as the result of vour inquiries, you may find unfounded. Should you be prepared to adopt an attitude of fairness and candour towards our client, we feel that there will he no difficulty in adjusting the matter, but you will understand that in making this communication we are not waiving any of our client's legal rights, and are only doing so to ?nake you awaire of the spirit in which Mr G. W. von Zcidlitz. is commencing the contemplated proceedings.—Yours truly (Sgd.) Brandon, Hislop, and Brandon."

REPLY OF MANAGING EDITOR. Under date, tho Managing Editor of the "Times" replied as follows: — "I beg to acknowledge yours of the Bth ins t.,. which was awaiting mo on my return from Napier this week, and in which you, on behalf of your client, Professor von Zedlitz, complain of the following passage in a letter in the. 'Nntf Zealand Times' of July 25th, signed 'Citizen':—'ln 1914, the

German enemy alien on the Victoria College staff was arrested for a broach of the War Regulations and was released by ono of our Ministers as a Gorman enemy alien prisoner on parole, and although such, was reinstated by the council which declined a proffered resignation.' As_ requested by you, I have caused inquiries to bo made, and now find that although Professor von Zedlitz was under careful surveillance for some period of time,' he was not actually arrested. By an inadvertence, this passage in our correspondent's letter escaped attention during tho process of editorial . revision, nnd recognising that it is incorrect-, we have no hesitation in unreservedly withdrawing it. It was not inserted for the purpose of doing tho professor injury, but in illustration of a sound principle that is being violated. So far as the question of apology is concerned, wo decline to offer an apology, and for these reasons :

"(1) Though the Professor is not actually arrested, wo were firmly convinced throughout the war, and we still strongly hold this opinion, that, as a matter of common prudence and. in the interests of public safety, he should have been arrested and interned.

"(2) That no person of enemy origin should have been at large in this country during the. progress of the war, in view of the disaffection these people were in a position to foment and the opportunity they had to convev information to the enemy concerning our forces and defences and other matters that were of vital importance to our safety and success. "(3) That disastrous consequences to our interests happened in Great Britain and in other parts of the Empire through the mistaken leniency 6hown i*t and indiscreet confidence placed in persons of enemy origin who, in the first instance, were allowed their liberty, whose internment eventually, became a stern necessity. Many thousands of lives were sacrificed and much destruction of property happened through tho failure to intern persons of enemy origin who, at first, were believed to be incapable of treachery or mischief. "(4) That in our own country certain persons of enemy origin were trusted for a time, and that tho Government eventually found it necessary to place them in confinement. No exception whatever should have been made in the case of Professor von Zedlitz.

"(5) That though the authorities did not actually intern Professor von Zedlitz, they could not have been wholly satisfied concerning the freedom extended to him, or they would not havo subjected him to strict eurveillanco. • '

"(6) That tho Government and Parliament of New Zealand shared tho views wo hold, as was shown by the fact that special legislation was framed and passed removing Professor von Zedlitz from the position he held at Victoria College. "(7) That thero was danger in tho leniency shown by tho Government to certain persons of enemy origin is fully proved by the case of the deserter Nimmot, who, though born in Now Zealand, was of enemy origin. Ho wan allowed to leave with our forces, and by his desertion on the field of battle and tho information he gave to the enemy, was the cause of the loss of many valuable New Zealand lives, as well as other serious losses to us.

"(8) That the visit to our coasts by German raiders, and the successful laying of mince in the approaches to this and other New Zealand harbours was a further strong and sufficient reason why every person of enemy origin should havo been kept in confinement, with no opportunity of signalling from our coasts until tho war wa» ended.

"So far as the error of our correspondent is concerned, this is quite possible of understanding, in view of the extreme secrecy maintained by tho authorities concerning the identity of persons of enemy origin who were arrested and interned. We believe that in writing as he did, our correspondent had no intention of injuring Professor von Zedlitz 'by this" statement, and that ho conscientiously believed it to bo true.

"If you comdder that tho publication of thin letter would bo of any service to your client, we are quito prepared to givo it insertion in our columns.

"So far as your other inquiry is concerned, Messrs Findlay and Dalziell will accept service of any process on our behalf.—(Signed) W. J. Gcddis, managing editor 'N.Z. Times.'"