THE TERM "ENEMY ALIEN

Dominion, Volume 9, Issue 2761, 3 May 1916, Page 6

THE TERM "ENEMY ALIEN

~ AN INTERESTING CASE. By Telcgra.pli—Press Association. Ghristchurch, May 2. An interesting bass which involved the interpretation of the term "enemy alien", came before Mr: H. W. Bishop, S.M.,- in tho Magistrate's Court to-day, CII3M2S Hudson Scultx was charged on the information of the police with being an alien enemy, and continuing the uso of tho name of "Charles Hudson" contrary to Regulation 8 of the War 'Regulations of December, 1914, in pursuance of the War Regulations. Mr. S. G. Raymond, K.C., appeared lor the Crown. Mr. J. R. Cunningham, for defendadmitted the, charge but denied that defendant was an alien enemy.

Mr. Raymond said the defendant was tho son of a German, and was born in London in 1882, and afterwards went to Melbourne with his parents. About ten years ago he settled in Christ- - 'church, and sinco the outbreak of the war altered his, name from Charles Hudson Scultz to Charles Hudson. When interviewed by Detective Ward, the defendant admitted the offence. Mr. Raymond quoted the German law that sons of .Germans 'were claimed to be German subjects in whatever part of the world they reside; the defendant therefore was a German subject by birth. Mr. Cunningham submitted that the defendant was a British subject. ; His father had gone over to England when in his teens and settled there, marrying an English woman. The defendant had not changed his name,'but merely dispensed with bjs surname. Lord Halsbury held that the status of an alien was not determined by German law but by British law, and by that interpretation of the law defendant was a British subject. ,'.'■' Mr. Bishop 'said that- whilo Lord Halsbury was correct, the special regulations obtaining at the prdscnt timo are to bo taken into consideration.

Mr. "Cunningham then submitted that the defendant was neyer a Gorman subject. The ■ law clearly stated that all persons born within the British Empire were; natural born British subjects.When the defendant was born, perfect amity existed .between England and Germany. Tho defendant never at any time had given allegiance to any country other than Britain, and was a perfectly Teputable citizen. If the Court determined lie was an enemy alien, tho action ■would have a very far-reaching effect. The status would probably extend to ■ the wife. The Magistrate conceded that something was to be said for Mr. Cunningham's but he did not intend to uphold them. He did not think they conformed to the regulations at present obtaining. The circumstances were not now normal. Tho defendant might be a reputable citizen; that-was .purely a civil matter. What ho had to deal with was a, matter of international import. The regulations did seenv to him to settle such a matter in finality except as far as he was concerned. ' .' Defendant was fined 40.". and costs.