ALIEN REGISTRATION

Dominion, Volume 15, Issue 66, 10 December 1921, Page 13

ALIEN REGISTRATION

REVOKED NATURALISATION NATIVE OF BERLIN FINED Frederick Franz Wolters, for whom Mr. E. G. Jellicoo appeared, was charged before Air. F. K. Hunt, S.M., in tho Magistrate's Court yesterday with failing to register under the Aliens Amendment Act, 1920. Chief Detective Kemp appeared for tho police. Senior Sergeant Lander said that the defendant was a native of Berlin and camo to New Zealand in 1906, and was granted a letter of naturalisation in 1911. This letter of naturalisation was cancelled in May, 1918, by Order-in-Cotmcil, and therefore tho defendant ceased to be a British subject as from Juno 1, 1918. The power of revocation was granted the Governor-General by the Revocation of Naturalisation Act, 1917, section 3. Tho Registration of Aliens Act, 1920, made it incumbent on all aliens whoso naturalisation letters had boon 'revoked to register as aliens, %nd the defendant had not done so.

For tho defence Mr. Jellicoo stated that Wolters petitioned .Parliament last year and the committee made a favourable recommendation to the Government. Wolters had sent in another petition this years This petition the committee recommended should be referred _ to tho Government for By residing and acquiring a domicile in New Zealand Wolters became a British subject by election —he became naturalised by common law, and could not put off his allegiance or denationalise himself, nor could he be restored to his former nationality by tho legislation of New Zealand. In 1911 he was made a British national, and counsel contended that once a letter of naturalisation was granted it could not be recalled. The Aliens Act, 1968, under which the grant was made, insisted that the applicant must take the oath of allegiance, and on being naturalised was granted all the wights, with 'but a few exceptions, of a British-born subject. Defendant occupied that status down to 1918, when under the Revocation Act the grant was revoked, and whatever right that Act had to destroy a scrap of paper was for the Supreme Court to determine; that was why lie was raising the question of ultra vires. It had been laid down that tho right of a Britishborn subject could, not be taken from him, neither could a naturalised subject be relieved of his allegiance. He must be an alien de jure and do facto to come nnder the provisions of the Aliens Registration Act; but having once been naturalised he could not be restored, to his original position of an alien. To turn a naturalised; subject into an alien the terms must 'be expressed clearly, and there was no, such clear expression in the Act. Counsel contended that there was a distinction between a man who had taken out naturalisation papers and one who hnd not. The latter was obviously an alien, but not so the former.

Tho defendant Wolters said that he hnd qualified as a professor of languages. His original nationality was German. He had been interned during tho war, and when he came out of the internment camp he was given a form to fill in. In this form he declined to declare himself as a German. Ho had petitioned Parliament last year and also this year for the revocation of the Order-in-Councij, cancelling his letters of naturalisation. He claimed to be a British subject, and therefore wonld not comply' with the registration under tho Aliens Act. The Magistrate said that Mr. Jellicoo had raised a very interesting and academic point, hut he was not going to burn tho midnight oil considering it. It was a matter for the. Supreme Court to determine. He would, convict tho defendant and counsel could appeal. Wolters would ho convicted and fined ,£l2 Ills. Mr. Jellicoo intimated that he. wonld appeal.