Now, sir, the only defense as such which is open to an accused under our law, under this bill, is the following:
No one ghalt be convicted of any offeuse in this seclian mentioned if he proves thai the public good was served by the acts that are alleged to have been doue aud that there was no excess in the acts alleged beyund what the public good required.
If he ean prove to the satisfaction of a judge or magistrate or judge and jury that the crime comic in fact served the pnblie good, then there ts no conviction.
Senator Hennines. Phat is somewhat then in parallel to your Eng- lish Hibel law that you require not ouly that as defense one need estab- lish not only truth as in the United Siates, but that it be for the public benefit.
Mr. Fuuron. I think that, sir, is in the realm of criminal liabihty only,
Senator Hennes. T meant criminal linbility. of course.
Mr, Fuu.ton. Yes.
Senator Henninus. It must be for the pubhe benelit) under the British law, is it net?
Mr. Funron. I think it might be going perhaps a little beyond, but: it must not go too far beyond. ‘There niust be some public interest to be served, ves. I think ihat would be a fair statement.
Now, when the bill came back in its amended form, as I have indi- cated it in the summary here, it passed ihe House unanimously. The House of Commons adopted it withont any dissenting vote.
It then went to our Senate and there by that time the periodical publisher or some of those engaged im the trade—I shall put it that way—perhaps had only just awakened to what was going on; maybe they thought it would never pass the House of Commons.
What the reason was, I don’t know, but at any rate, they made no representation fo the Tfouse. The¢ didu’t ask for its reference to a conunittee. Ii woes through the Conimitiee of the Whole Honse, but they didn’t ask for reference to a special committee on the bill and they made no formal presentation.
Then it got to the Senate, having passed the House; they asked to be allowed to appear and make representations. So the Senute re- ferred it to one of jis standing committees.
There the publishers appeared and they made representations which took the form of some of the submissions which T have rend in the newspaper comment, at any rate on your own proceedings from time to time down here, namely, that these things were not harmful to juveniles; in fact. to some extent they formed a harmless outlet for their natural violent instincts.
Senator ITexnrnes. I take it, sir, in defining crime you mean felony. That is in section 7, “crime comic” means a periodical or book that exclusively or substantially comprises matter rapietince pictorially the conmmission of crimes.
Mr, Furrox. There is another amendment I was going to come to, Senator, but: I will be glad to deal with that point now.
Senator Hexniyes. I donot mean to distract and divert yon.
Mr. Fuuron. You are concerned with the definition given to the word “crime”?
Senator Hennincs. Yes, sir; whether you mean felony, misdemeanor; what classification of crime, if any?
