ter on the Court of Appeal interfered effectively, though possibly
many actions were begun and settled before the appeal was heard; and it
was held that in a libel action founded upon a criticism written
concerning a work of art, unless there is some evidence of malice it is
the judge's duty to consider whether the criticism can fairly be
construed as being outside the range of fair comment, and if he thinks
that the comments lie within the range of criticism he should decide the
case in favour of the defendant, and not let it go to the jury. Then the
critics breathed again, and the story goes that Fleet Street laid in a
large stock of vitriol.

The next, and at present last, act in the matter was the recovery by Mr
Frederick Moy Thomas of L300 damages for a libel which appeared in
_Punch_ upon his book called "Fifty Years of Fleet Street." Although the
matter related to a book, and not to a play, the dramatic critics felt
anxious again, because no distinction could be drawn between criticisms
upon the two kinds of work. The case was peculiarly interesting to the
dramatic critics because the plaintiff, who had been one of our craft
for some length of time, enjoyed the reputation of being very learned in
matters connected with the drama, as well as sound and conscientious.

Moreover, his father, William Moy Thomas, whose name was introduced into
the case, was for many years past one of the most esteemed and admired
of our profession, owing to his knowledge, fairness, judgment and
excellence of style. The Court of Appeal upheld the verdict, and
_Punch's_ record of long existence without a verdict against it for
libel is spoilt. Its licence, the licence of a nation's jester, has been
endorsed.

It may be asked whether this is not a mere matter for the craft: in
reality the public is concerned. The letter written by one friend to
another, gossiping about a play or a book or a picture, exposes the
writer to an action for libel unless it can be protected on the ground
of truth, privilege or fair comment; and casually written remarks
concerning any matter of public interest may result in damages and
costs. Indeed, to put the matter simply, the professional critics have
no greater rights or privileges of criticism than any member of the
public. It is therefore very important to all of us to know how the
matter stands, and since the judgment of the Master of the Rolls is
rather technical, it seems worth while briefly to state