A. APPEAL from a Court of Petty Sessions of Victoria,
At the Court of Petty Sessions at Melbourne an information was heard by which Frederick William Sickerdick charged that Robert Samuel Ross on or about 16th June 1916 " did fail to comply with a provision of reg. 28A made under the War Precautions Act 1914-1916, in that he being the editor of a certain newspaper, to wit, The Socialist, did fail to comply with an order in writing given to him on 17th April 1916 under the said regulation requiring him to submit before publication to Francis S. Newell, a person named in the said order, any matter (whether in manuscript or print) intended for publication in the said newspaper which relates or refers to the present war or to any subject connected therewith or arising there- from or to any of the subjects mentioned in reg. 19, or the publication of which would be an offence under reg. 28 of the War Precautions Regulations 1915. The said defendant, being the editor of the said newspaper, failed to comply with the said order by failing to submit to the said Francis S. Newell before the publica- tion thereof in the said newspaper on 16th June 1916 the matter or article headed 'R. S. Ross in Court.''
Reg. 28A of the War Precautions Regulations 1915 (as amended by Statutory Rules 1916, No. 48) provides (inter alia) as follows:
'(1) The Chief of the General Staff
may by order in writing require the editor or printer or publisher of any news- paper or periodical, or the author or printer or publisher of any matter intended to be printed and published, to submit before publication to any person named in the order any matter (whether in manuscript or print) intended for publication which relates or refers to the present war or to any subject connected therewith or arising therefrom or to any of the subjects mentioned in reg. 19, or the publication of which would be an offence under reg. 28. (3) Any person who fails to comply with an order given under this regulation shall be guilty of an offence against the Act."
It appeared that the defendant had, on a previous occasion, been charged with an offence against reg. 28A, when it was alleged that he had published certain matter to which the regulation applied without having first submitted it to the Censor. That complaint was dismissed. The matter or article headed "R. S. Ross in Court "