CO129-422 - Governor Sir May - 1915 [5-6] — Page 700

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.Y 400

COPY.

Enclosure 4.

«NUEL SET Od reduɗcoƐ mni

Hon. Colonial Secretary,

691

1

↑ uzmetal farið vog að undðkww ghaon is evad I saidð I

malat gở bệu lagano um Í bra bebinwidt jou ste ɣimarieð ef

slm anve tuể „ntació seeld drog ins notraɔ od ɣlinnoszeg anusdef ena Tourmo así¿ dzwont ng Lim yand valoddoodů no dro? vel alv editw 2 tunsaelques gier od blwow #I .betapa¿tno era voy of engrit dia Í vot notreŋ of qizi deew a oniwt ya qum sono benisses own I Loewolin Jon at yllorutan dolár na dilu Ikan, preon pivist m

.TOJUINO" . H .ba

.noktaisnart bun yqoo sưts bestitzew

.ilabelT .t.ba

ComutagÈn ovada að snags IT"

#q* B* H* TOLFW*

I put up draft information and charge.

I feel great difficulty in this case as it appears

to me very doubtful whether any offence has been committed by Schluter, except under the Post Office Ordinance of infringing the privilege of the Postmaster-General.

I accordingly took steps to have a conference with the Hon. Attomey-General, Lt.Col.Iles, and Major Lawder to ascertain their views, particularly in the event of Schluter Letting off, and I understand that it would be considered a serious matter by the Military authorities if he were to be discharged,or got off

on a writ of Habeas Corpus.

The points I put at the conference were (1). There appears to be no legislative power to establish this

censorship in this Colony.

(ii) Assuming that the censorship is legally established as part

of the Defence scheme such establishment has never been made public or any notice thereof given in any way, and it would appear that this censorship at the most could only be con-

-sidered a precautionary measure.

(iii). It might be exceedingly difficult for anyone to contend

that the censorship is illegals, and prove it, or that once letters came into the hand of the. Censors there was no right to censor them, but in the absence of some regulations or rale issued pursuant to some legislative power can any- ane be compelled to submit their letters to the censors ?

I doubt tr it.

(4)

If there is no such compulsion there is no offence

in evading the censors.

(5).

If there was any act rule regulation order or proclamation issued by the Governor or the Military Authorities, which might possibly have been issued as part of the Defence Scheme, compelling all persons to pass their letters through the