Page:The Green Bag (1889–1914), Volume 20.pdf/800

 PUBLISHING FALSE NEWS of new goods arriving. Men's clothing, women's skirts. All kinds .of dry goods. Everything will be sold at actual cost, Cash Buyer's Union, Taber, Alberta." Har vey, J., in delivering judgment, said that he thought the offense "sufficiently proved under the Act by the taking of Exhibit A to the publisher. It is also apparent it was intended to give considerable circula tion to it — the printing of 500, which would no doubt have been circulated, — and the circulation which was accom plished by the notices in the window show that it was intended to give some publicity to it. There did not appear to be any par ticular reason for it except what was hinted at — that a prosecution had taken place for an infraction of something under the Inland Revenue law. That might have caused a feeling of irritation which would result in something of this sort being pub lished. The words themselves, under cer tain circumstances, would not amount to an offense. If a newspaper, in discussing the public policy of the country, stated that it did not think it was in the interest of Canada that citizens of the United States should come in here, I do not think that would be a matter which would be properly dealt with under this section of the Code. If, under proper conditions, it was pointed out that people coming in should investi gate before buying land or taking home steads, I do not think it would be a matter that any objection could be taken to. But, in this case, it is the connection of the circumstances — "We have decided to leave Canada" —-it appears to me the reasonable conclusion to be drawn from that statement is, that "We are leaving Canada because Americans are not wanted here, and we are going to sell out all we have and go away, and we will advise all people who are coming in to investigate before buying lands or taking up home steads;" the innuendo being that, if they

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investigate, they will find conditions such as to prevent them investing and taking up homesteads. I think that comes within the provisions of the section, and the evi dence shows that any one who knows anything about the conditions in this country knows that great efforts are being made to induce settlers from the United States, who are commonly known as Americans, to come into Canada. Consequently there is no doubt about this being false, and it appears to me that, this being the policy of the country, to have such a statement as this published among people, who we believe would be affected by it, would be against the public interest. Evidence was given on that point, too. It is very common for merchants, in trying to sell out old goods, to make state ments which are not altogether in accord ance with the facts, such as they are leav ing the place, and in this case, if that were by itself, no exception could be taken to it. There is nothing in the notice itself, if the words "Americans not wanted, etc.," were left out, that any one could take exception to. I think I am bound to enter a con viction. The sentence will be a fine of $200, or in default three months' imprison ment." (The King v. Hoaglin (1907) 12 C. C. C. 226). The publication of the false news or tale, aimed at by the Code, is apparently such a notification of it to the public at large, either orally, or by writing or printing, as has caused, or is likely to cause, harm, loss or damage, in a material degree, to any thing which is for the public good or benefit. "Thy tongue deviseth mischief," saith the Psalmist, and the publisher, by tongue, print, or pen, of such news or tale, would be, as Dryden says, "a worker of mischief," working, in such cases, "divisions which hinder the common interest and public good." TORONTO, CANADA, November, 1908.