54 SCIENCE PROGRESS 



The determination then of what is right and proper is of 

 the essence of the whole question, and it may be taken as a 

 postulate that the publication of news, real or fictitious, must 

 be judged by reference to the final object indicated in the 

 Defence Acts, viz. " securing the public safety and defence 

 of the realm." Whether or no in particular instances prose- 

 cution should be set on foot raises other considerations. In 

 certain events, popular hostility might be engendered ; where 

 failure to convict ensued, action by the Government might be 

 accounted persecution. These considerations, however, need 

 not here be pursued. 



To return to the original question — how to distinguish 

 legitimate criticism from treasonable writing. In the absence 

 of precedent, an absence likely to continue, the distinction is 

 that which the tribunal before whom the case is brought 

 chooses to draw, the tribunal having in mind the ultimate 

 object to be attained by the legislation from which its juris- 

 diction is derived. 



Any one then who in writing criticises the action or reflects 

 upon the lethargy of the Government may be called upon to 

 satisfy a court that the criticism did not transcend the bounds 

 which in the circumstances were to be deemed just and reason- 

 able. And what is just, reasonable, or fair comment is to 

 be judged by what the Defence of the Realm Acts, the Regula- 

 tions, and the naval and military experts indicate as hurtful 

 to the country. It is the securing of public safety and the 

 defence of the realm by which every action is to be judged 

 and to which every consideration must be made subservient. 



