The Sun.
London, England, 1851-07-26 00:00:00

JULY 26, 1851.

rangement for newspapers on the whole;' Vest he does
not consider it a tax,' but ' a payment made to the
Post-office for cervices which he does not think could
be so efficiently performed in any other way for much
more cost. Other wirnessea do not participate in this
opinion, tier is it supported by the Post-office authorities.
It appears to your Committee that newspapers do not
practically enjoy such favourable terms for transmission
by post as other printed matter; for while newspapers
are compelled to stamp every copy of their impression,
whether seat by post or not, other publications, up to
the weight of 2 ea., obtain, by virtue of a Treasury
minute, the same freedom from postage as newspapers,
by registering as newspapers, and by stamping only so
many copies as are actually required to be sent by post.
If the newspaper stamp were allowed to be affixed only
to such copies of newspapers as go through the post, it
might then assume the character of a mere equivalent
for postal services; but in those cases, especially in that
of provincial papers where the post is little used, the
compulsory stamp upon every copy can be viewed in no
other light than that of a tax. In reality, however, the
freedom from postage charge is not alwap accorded
to newspapers in return for ;he newspaper stamp. As
en instance of this, your Committee thmk it right to ad-
vert to an anomaly that exists with regard to the trans-
mission of newspapers by postage. viz., that in the L )n-
-don district, a circle of three miles round the General
Post-office, and where the post might be of mach use
for the distribution of newspapers, a srampel newspaper
is charged a penny if posted in one part of this district
to be transmitted to another. Your Committee du not
see any good reason for this regulation, and would,
therefore recommend that it be abolished.
" Your Committee find that considerable evasions of the
postage charge take place under cover or pretence of
stamped newspapers; that letters and unstamped pub-
lications and parcels are sent concealed within rolls of
stamped newspapers; and that unstamped and foreign
newspapers are occasionally passed without being sub-
jected to charge. This is partly admitted by the Post-
office authorities, who attribute much of the evasion to
the papers which pass through the Post-office by virtue
of the Treasury minute of 1838. It is clear that in a
department transmitting daily from 120,000 to 260,000
papers, and which are dispatched within two or three
hours after the greater portion of them are received,
nothing but an extravagantly large force of examiners
could prevent evasion.
"If a revenue is to be derived from the postage of
newspapers, it is worthy of consideration whether it
would not be simpler and more economical that the col-
lection of such revenue should be managed, as in the
case of letters, directly by the Post-office rather than
indirectly by another department. Were this suggestion
adopted, and the present newspaper stamp abolished,
your Committee see no reason to doubt that the Post-
office authorities would devise means of regulating the
transmission and distribution by post of newspapers, if
not of all printed matter, at a small charge, not exceeding
a penny for each packet up to a weight equal to that of
the largest existing newspaper, without exposing the
revenue to the frauds to which the present system un-
avoidably renders it subject. In passing, it may bo right
to mention the peculiar use which is sometimes made of
the existing privilege of sending papers within the
United Kingdom, free from postage charge for ever, in
virtue of the original Somerset-house stamp. Mr. Park-
hurst, senior clerk in the office of the secretary of the
Post-office (Evidence 1,677), says, We know that news-
papers are sent as waste paper very often through the
post; there have been cases of very old bundles of
papers being sent in that way.'
" There is, however, a consideration connected with
the additional cost supposed to be caused by the impo-
sition of the stamp on' newspapers, which requires a
particular notice, viz.—the right of gratuitous transmis-
sion of newspapers through post, Mr. Smith, the head
of a London newspaper agency firm, which has been
established for the last 60 years, and which transmits
about one-seventh of all the London daily papers, states
distinctly that the re-transmission of newspapers is car-
ried on to &most enormous extent, so as greatly to reduce
the cost of their newspaper to those least able to pay for
it. He gives instances in which the cost of the Times is
thus reduced to 2d. and even to ld., and yet read by the
last person in the series on the second morning after
publication; and he adds, that the number of persons
thus receiving the best newspapers at a very cheap rate,
is exceedingly numerous, and that the proposed charge
of a penny for each re-transmission would in fact pre-
vent them, probably, from taking any paper at all, un-
less it was a weekly paper.
" On the whole, considering on the one hand the va-
rious modes now in use by railways and private agency,
of distributing newspapers through the country; aud, on
the other, the frauds upon the Post-office from unstamped
publications being now unavoidably carried post free;
seeing, in short, that in many cases the stamp is paid
where no postal advantages are received, and in other
cases the stamp is not paid where postal advantages are
obtained, your Committee are of opinion that immediate
steps should bo taken to place the regulations affecting
the transmission of newspapers and other printed matter
by post on a more satisfactory footing.
"In examining witnesses as to the operation of the
law on the newspaper press, it is found that an opinion
prevails to some small extent that the maintenance of
the stamp has the effect of rendering newspapers more
respectable than they would be it free from that restrict-
Lion. After weighing the reasons for such opinion, your
Committee conclude that it does not rest on any good
foundation. No deterioration of the newspaper press,
but ou the contrary an improvement followed the re-
duction of the stamp which took place in 1836; and
doubtless the character of newspapers would continue to
improve in proportion to the advance in public taste and
morals, although the stamp should be entirely abolished.
It is stated by one of the witnesses, as an object to the
removal of the stamp that a new class of journals would
spring up, if the stump were repealed, in the smaller
towns and country districts, and that it would be (Evi-
dence 1,555) misfortune that there should be local
papers of a snore petty character than at present exist.'
'!'he general bearing of nearly all the other evidence is
of a contrary tendency; and the unanimous opinion of
those gentlemen who, being persons who had devoted
attention to the education and social improvement of the
working classes, were specially examined on this branch
of the subject, was to the effect that moral advantages
might be expected to follow the establishment of cheap
local newspapers.
" Your Committee concur with the proprietor of the
Liverpool Journal in thinking that the cheapening the
cost of existing provincial papers would extend their cir-
culation and improve their quality; while they also be-
lieve that, should a now class of small and cheap local
papers arise, they would occupy a field hitherto not
reached by existing newspapers, and bo the vehicles of
knowledge to large classes of persons who otherwise
would get no newspaper at all.
" The present extensive sale of penny publications, as
shown by the evidence (Evidence 2,494 and 2,509),
abundantly proves the desire among the humbler classes
for some kind of reading and mental improvement; but
the stamp prevents the penny paper from containing a
record of the current events of life, thus depriving the
readers of small periodicals, who are for the most part
persons living by labour or of limited means, of that most
useful knowledge, the news of the day; for which, us is
stated by Mr. Abel Heywood,
a gentleman extensively
engaged in supylying cheap literature, as the result of
his experience among the class of readers alluded to,
there is a greater desire than for any other kind of in-
formation. It may be said, with truth, that the news-
paper stamp prohibits the existence of such newspapers
as from their price and character would be suitable to
the means and wants of the labouring classes.
" The question of pirating articles of intelligence by
ono newspaper from another, has been brought under
the notice of your Committee by witnesses conversant
with the newspaper press, and favourable to the aboli-
tion of the duty. The established newspapers—particu-
larly the London daily press—collect the valuable infor-
mation which they report to the public at a very great
expense, and publish it at a very costly celerity. It has
been stated that if the newspaper duty were abolished,
there would be great temptation to the numerous half-
penny and penny publications which would then spring
up, to pirate the public intelligence collected at so much
cost and exertion. It has been proposed that some short
privilege of copyright should therefore be conferred.
" Your Committee consider it their duty to direct
attention to the objections and abuses incident to the
present system of newspaper stamps, arising from the
difficulty of defining and determing the meaning of
the term news ;' to the inequalities which exist in
the application of the Newspaper Stamp Act, and
the anomalies and evasions that it occasions in postal
arrangements; to the unfair competition to which
stamped newspapers are exposed with unstamped publi-
cations; to the limitation imposed by the stamp upon the
circulation of the best newspapers, and to the impedi-
ments which it throws in the way of the diffusion of use-
ful knowledge regarding current and recent events among
the poorer classes, which species of knowledge, re-
lating to subjects which most obviously interest them,
call out the intelligence by awakening the curiosity of
those classes.

" How far it may be expedient that this tax should be
maintained as a source of revenue, either in its present
or in any modified form, your Committee do not feel
themselves called upon to state; other considerations,
not within their province, would enter into that question.
But, apart from fiscal considerations, they do not consi-
der that news is of itself a desirable subject of taxation.
" July 18, 1851,"

TEE WATER COMMITTEE.—On Thursday, Mr. Scott,
of Liverpool, was called on behalf of the companies and ex-
amined relative to the water economy of that city. Mr.
Gibb, civil engineer, in the drainage of the Haarlem Lake,
and other works, deposed from his experience of public
works in general, that in conducting matters of this kind
individual enterprise was best, joint-stock enterprise the
next best, and municipal control the most imperfect
species of management. The witness was about to be ex-
amined with reference to a report which he had made on
the subject of the Farnham and Bagahot new sources of
supply as contained in the report of the Board of Health,
when Mr. James, Q.C., objected to the tenor the exami-
nation was about to take, as not being in accordance with the
resolution of the Committee, which directed that the residue
of the inquiry should relate to the general management of
the London companies.- Mr. Sergeant Bellasis replied that it
was only fair the companies should have an opportunity of
refuting the unfair and fallacious statements contained in
the reports of the Board of Health. The Honourable Chair-
man said it would be remembered that none of these reports
were signed by Lord Seymour, the Chief Commissioner of
Woods and Forests; and he thought that, for the remain-
ing objects of their inquiry, it would be as well to assume
that the River Lee, the New River, and the Thames above
sewer point, should be taken as unexceptionable sources
of supply, leaving the other numerous sources to be looked
on as auxiliaries. The witness was cross-examined at great
length by Mr. James, and the Committee rose at tour o'clock.
Yesterday the Committee were occupied throughout the
sitting with the evidence of Mr. Wiekstead, the engineer of
the East London Company.
Dispatches were sent off yesterday evening from the
Colonial-otliee, for the Governors of the North American
colonies.

• LAW INTELLIGENCE.
VICE-CHAN CELLOII%S COURT, .It:Ty 25.
(Borot-e Sir J. L. KNIGHT BRUCE )
MURRAY V. INGRAM—" BOSWELL'S LIFE OF JOHNSON"—
COPYRIGHT.
This mcnion was brought:on to-day. It prayed" that an
injunction might be granted against the defendant, Her-
Lien Ingram, his servants and agents. to restrain him
and them from printing, publishing, selling, or disposing
of, cr being in any way concerned in the printing, pub-
lishing, selling, or disposing of, any copy or copies or
volume or volumes of a certain work, published, sold, and
brought out by him, called ' The Life of Samuel John-
son, by James Boswell, Esq.,' containing any notes or
note, passages or passage, or copy taken or colourably
altered from any note or notes, written ned composed
by Mr. John Wilson Croker, as in the bill filed in this
cause mentioned and distinguished as therein mentioned
in the plaintiff's editions of the work." In consequence
of the short interval which had elapsed since the notice
of motion, the defendant had instructed his counsel to a,le
that the motion might stand over until next week, to
enable him to prepare affidavits negativing the L'llvge, -
lion of piracy. The question wes, vvine, undertaking the
parties would give in the interval. The defendant 4tated
that the third volume of his edition of the work was an-
n,uneed to appear on Monday when it was expec:ed that
10,000 volumes would be sold.'
His HONOUR inquired of Mr. Russell end Mr. Gif-
fani, who appeared tor Mr. Mqrray, whether they would
be willing to give an undertaking to be answerable in da•
mates to the defendant, if they should fail in establish-
ing allegation of copyright.
Mr. RUSSELL assented to this.
Mr. P. BURKE (who appeared with Mr. Moore for
the defendant) said the plaintiff's affidavits did not give
them any information Di to the passages in the two works
which were so similar as to justify the suspicion of an
unfair use of Mr. Croker's notes, and the defendant vras
not therefore prepared to meet this motion. If the de-
fendant were restrained from publishing the third volume
on Monday, it would probably occasion to him a loss of
5,0004
Mr. RUSSELL said if the defendant would furnish him
to-day with a cony of the forthcoming work, and would
give an undertaking to be answerable for any damages
to the plaintiff from the publication of the three volumes,
he would offer no opposition to the request for postponing
the case.
Mr. BURKE denied the right of the plaintiff to ask for
any undertaking extending to the third volume, as the
notice of motion was only directed to the volumes already
published. He was willing that the defendant should
keep an account of the sales of the three volumes. He
was instructed that the defendant had a good defence,
although there had not been time fully to instruct
counsel as to the details or nature of it.
His HONOUR expressed surprise that counsel shoul d
have been so instructed without being informed of the
nature of the defence. He must pursue the usual course
of examining personally the passages in the plaintiff's
and in the defendant's edition.
Mr. RUSSELL and Mr. GIFFARD then called the at-
tention of his Honour to four instances of alleged piracy,
and referred to the corresponding pages in both volumes.
In reference to one instance, his HONOUR observed,
" the source of information is here acknowledged by
the defendant. Now that in one sense, and in one point
of view, is candour; in another point of view, there
may be those who may think it may be called some-
thing else."
The other instances having been examined and the
passages in the notes compared,
Mr. MOORE, for the defendant, objected that the plain-
tiff's affidavit did not show any originality in the author-
ship of Mr. Croker's notes.
His HONOUR, after hearing Mr. Russell, read passages
from the affidavit to prove this, said there was so strong
a probability in the case evinced by three of the instances,
without saying anything of the fourth, that something
must be done on this occasion. The defendant's counsel
had acted rightly in refusing to give any undertaking in
respect of the forthcoming volume. If the defendant
would give the undertaking asked in the words of the
notice of motion, the forthcoming volume would not be
affected by it, and the motion might be postponed.
Mr. BURKE said nothing could be more fair on the part
of the defendant than to undertake to keep an account
of the volumes already published, as well as of that to be
published, on Monday.
The VICE-CHANCELLOR—The plaintiff undertaking to
be answerable in damages, I grant the injunction. Take
twenty-four hours' notice of motion for dissolving it.
Take the injunction, as asked, without prejudice to any
question.
Mr. BURKE said the defendant would undertake to be
answerable in damages, and in the language of the notice
of motion.
The VICE-CHANCELLOR—Then- both parties under-
take to abide by any order that this Court may make
respecting damages, and the defendant without prejudice
gives an undertaking, in the language of the notice of
motion, until further order. But, notwithstanding that
undertaking, the defendant is to be at liberty, without
prejudice to any question, to continue until further order
to issue and sell the volumes already published, keeping
an account thereof. If the third volume shall not be a
breach of the undertaking, well: if it shall be a breach
of the undertaking, the defendant will be committed as
sure as he is burn. Let this motion stand over until
this day week, the defendant filing such affidavits, if any,
as he may desire to file, on or before Thursday next.
Mr. RUSSELL asked that copies of the affidavits might
be furnished to him before that time.
The VICE-CHANCELLOR—You must net be hard on
the defendant after that undertaking. It must he at
your expense.
Mr. RUSSELL assented, and further asked to have a
copy of the third volume to-morrow (Saturday) night.
The VICE-CHANCELLOR—Let Air. Russell have a
copy to• morrow of that which all the world is to have
on Monday, and let him pay for it.
Mr. RUSSELL—We will pay for it, but without pre-
j udico.
The VICE•CHANCELLOR—Mr.RusseII shall have back
his 3s. 6d. if the merits shall give it to him.

ASSIZE INTELLIGENCE.
WESTERN ClRCUlT.—Dorchester, July 24.
The commission was opened here yesterday afternoon,
and the judges having arrived at an early hour, were
able to go to church and discharge all the necessary
preliminaries so as to be enabled to commence the actual
business of the assizes at ten o'clock this morning. The
consequence was a paucity of grand jurymen at the hour
when the roll was called, but owing to this arrangement
the whole of the business, civil and criminal, was com-
pletely disposed of by six o'clock—the hour fixed for the
judges' dinner to the magistracy. Such a circumstance
as that of the disposal of the whole civil and criminal
business of this county in eight hours has not occurred
for many years.