1940-06-12 — Page 10

-10-

Wednesday!

BIL HONGKONG TELEGRAPH MOM June 12, 1940.

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Printed and Published for the Proprietors by FREDERICK PERCY FRANKLIN

and 8, Wyndham Street in the City of VoLHIFT LOAKWONE -

UFS

Edcardo Dino Alfieri, Italy's troubleshooter, rocenily

#3

Libel

Damages

DAMAGES totalling £1,400 were awarded by Mr. Justice Stable, in the King's Bench Division, against Mr. |E. R. Pountney, proprictor, printer and publisher of the "Daily Worker," for libelling Sir Walter Citrine and six other members of the General Council of the Trades Union Congress in articles published last December.

The judge said the libels were the culmination of a prolonged and persistent attempt to oust the plaintiffs from-the position they had-occupied-and-to-undermine the confidence and respect which their constituents had rightly afforded them for a number of years.

The whole series of articles was but a chapter in a campaign designed to achieve a remoter object by methods no matter how unscrupulous and unworthy.

sant

unions. Ambassador to Berlin. He is a staunch supporter of Rome-Berlin axis policy and has been decorated by Nazis.

Her North Sea Watch

Ay,

The piolutiffs alleged that they "It seems to me," he said, "that on articles imputed that they had be- the evidence before me the only pas- draw is trayed the Interests of the trade alble Inference that I can

that the change of palley emanated The defence pleaded falr comment from headquarters-that is to

the commitice or counell, the names An Injunction, Also

of whose members he did not know, Mr. Justice Stable divided the but who functioned in Moscow." damages [ follows: Sir Walter The history of the world showed Citrine, £300; Mr. John Brown, Mrmony examples of remarkable con- Andrew Conley, Mr. Ernest George version, but he could not recall any -Hicks-and. Mr. James Kaylor £200

rach; Mr. George Henry Bagnall and 49 remarkable as tals.

"In my judgment, this libel was Mias Florence May Hancock, £150 each.

inspired in its origin, protracted, per- He entered judgment with costs, sistent, unscrupulous and inspired and grunted on injunction restraining from abroad, and when brought to the defendant from publishing any the bar of justice the defendant has similar libels reflecting on the per- not had the courage to go into the witness-box," said Mr. Justice Sta- BUSILY knitting comforts, Mrs.sonal integrity of the plaintiffs. George Larner, sent., of Winterton, In his final speech for the plaintiffs, ble,

Dealing with a headline in the near Great Yarmouth (Norfolk), puts Sir William Jowitt, KC, said: " down her needles, several times have, never in my life before had a "Daily Worker" about Sir Walter day to look from her cottage home case in which the defendent Press Citrine's evidence in the case. Mr.)

described it out across the North Sea.

have published a brochure indicating Justice Stable

unscrupulous as. plainly as can be that people who deliberate and Sho knows that

Innocuous by comparison. somewhere," upholding the tradi- get damnges against thom have to making the carlier methods adopted

whistle for their money. tion of her family, Ave of her sons are serving in ships.

"aut there

"We realise to the full that proba- bly we shall be whistling for money."

our

"

Ile,"

He did not want the people of any class to be prevented from reading the views they held in a newspaper

But the uncertainties of war are Two of her sons nothing new to her.

In his judgment Mr. Justice Stable or contributing their views to n news- and Mr. Larner, senr., now a special said that where comment was directed paper, but that essential freedom of constable, saw service in the last war. to the personal integrity, the charac- speech must be enjoyed without do-

'Now Mr. George Lamer, junt., ister of the individuals, the opinion, ing grievous injury to others. back at his old job on a minesweeper, he considered, must be such as could'

and four of his brothers are also be reasonably supported by the facts

on which the criticism was based. serving.

Freedom of Expression

no

They are Samuel Leonard Larner,

views, "The expression of skipper on a Government trawler;| Leading Seaman Robert Charles Lar matter how unpopular, how fantastie ner, who has just been awarded the or how wrong-headed they may ap D.C.M. for bravery; Edward Stephen pear to the majority, is a right which Larrer, a chief yeoman signaller; I, among others, am paid to see. is

he added.

wholeheartedly traband Control vessel.

Larner, who what fell from the lips of Mr. Prist Mr. Edward S. volunteered for the Navy at the that those views which are held by only a few which are unpopular und age of fifteen in the last war, which run counter to the views of the one of the youngest who fought in the Battle of Jutland.

and Ernest Larner, who is on a Con-prescbscribe

So determined 19 the village of Winterton to win the war that 120 of its 860 inhabitants are already serving in the Forces. Most of them are at sca.

INDIES POSITION

Netherlands Not Enemy

Of Italy

that,

the

10

ROAD OFFENCES DOUBT

Effect Of Ruling

On Traffic Signs

great majority of mankind, particu-

The validity of thousands of con- Tarly in times of national emotional crisis such as war, are views that Victions against motorists of falling this court should be particularly to conform with traffic signs has been put in question by a decision in the

Jealous to protect."

But that did not mean that because High Court. n movement was unpopular, because! its numbers were small, one was observe licensed to libel and to malign.

A solicitor, charged with failing to "Hal" sign, appealed against his conviction on the ground The judge held that the article of that the police had not proved that December 13, written by Mr. Ben the sign was in conformity with the Francis, who had given evidence; was Ministry of Transport regulations as defamatory, and that the defence of laid down in the Road Traffic Act,

1930. Lair comment failed.

The High Court upheld his con- "Abominable Charge" tention, and this declaton apparently

on the police of] **There was not a scintilla of places the onus material," he said, "on which one Droving the validity of the sign in could have supported such an abomi- every case they bring. It also seems to invalidate every conviction in the nable charge."

Nethetically, Italy is among the plan had been under discussion in and night affect pedestrian crossing[

Enemies,

Bandoeng, June 11. The war between Italy and

The meaning of the articles and past-except when the defendant Allies does not mean that the the intended meaning on the minds pleaded guilty-If the gn in ques- Netherlands are automatically at war of those who read them-was that on was not proved correct in court with Italy. This is the opinion of those trade union leaders who went at the time. Netherlands Indies Authorities, who to France were planning to transfer

Other Signs Involved have not yet taken measures against industries in France whether they the decision appeared to cover all unemployed British workers to key: An AA, official said recently that; Italian citizens or property here,

take the view wanted to go or not, and that the cigns except automatic traffic signals Papers, however,

and de-secret session. It was difficult to cases as well. He added that prac- of conceive anything more calculated 10 tically every sign to-day was a duly as the hyena nounce Mussolini

defame a trades union leader in the authorised one, the battlefield.

"Each conviction would have to be The consequences of the latest de-eyes of his constituents. velopments for the Indies cannot It had been suggested that the considered," he sold "and obviously yet be predicted. The Batavia Gov-articles were dictated bypre boy in that would be an almost imposible ernment with the Netherlands Government in honest, independent judgment of any war-time. We think the matter might be left in abeyance for the London, keeps the view that the body, situation in the Indies is unchanged The judge sald he did not think he time being. We feel strongly, how- by the

Italian action and every was entitled to draw the inference ever, that by leaving these thousands the attack was paid for by of cases to be settled after the war measure is being taken to maintain that

Moscow.

that should not be allowed to pre- the status quo-United Pre

"That is a matter which will rejudice the remission of ones then." main in the decent obscurity in which Mr. Pountney apparently prefers to revealed towards the prosecution of the war in the manifesto of the Com- leave it."

munist Party of October 7, 1939, from Mr. Justice Stable went on to say that shown in the manifesto of Sep- that a complete change of polley was fember 2, 1939.

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is closely connected Moscow, and did not represent the task for the authorities to undertake ADDED! "NEWSFRONTS OF WAR-1940"

WASHINGTON, June 41 (Refer), -The United States Senate approved by 67 votes to 18 President Roose velt's request that the Army shoul be given authority to trade in old rifles and artillery needed by the Allies for credit against the orders for new weapons.

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