CHARGE AGAINST MERCHANT

Evening Star, Issue 16351, 17 February 1917, Page 2

CHARGE AGAINST MERCHANT

BREACH OF TRADING REGETLATIOXS

A case was brought in the Magistrate's dourt at Auckland yesterday by the f:n=-i-ams Department asiiinsi. John A. Bod; „ merchant, who was charged that, being au alien enemy, he engaged in foreign trade contnfry to the War Regulations. Jit- Belv.’yn Mays, who rpprnrocl for the’ prosecution, stated that the. defendant- had imported from California a lino of insect powder used by the deio.adant for moinuacpurposes. When the- r.ocnls arrived in December they were hold by the t usloms Department on tho ground 'hat the dcicr.cianl was an alien ouenv subject. Wb--, Die Customs held the goods, defendant wrote nating that, though born in Germany, of German parents, he had come, to Xrw’ htiul when young, and bv the naturaliraii, n m ms father (then in SouMi Australia) ho oocame a naturaii.se 1 Biiiish subject. [ u 1900 he came to Mow Zealand and had been ihcre. over sii.ee. Ho had never hern outside tho colonies since his arrival with his iat.ier in 1880. Defendant had not. howc*ver, bct*n iMLuralis.d in Xew Zealand, and i hough 1 lie rcguhiijons socni drastic, iho. nivni, cor. Id nr:t- allow any parson who was an enemy subjfrr, rven though j L ;v|, iechmeally such. to Iraclo with any place at all outside Urn Dominion.

Mr Lundon (for the defendant) dwelt on the injustice to the defendant that, though he was naturalised in Smith Australia hv his faiher's ii.t.'-nralisaliou 5G years ago, and had ' J : lived and been in cverv respect a British oolciral subject, he was now regarded as an alien enemy subject because he had not carried out the formality of naturalisation in X«v Zen land, when he was ignuraiu ihai such r* formality was needed. Defendant's brother gave evidence that lie believed that his father was ready Danish, and had shifted to Hamburg, where witness ami his brother were bom. His father's mother could not speak Gernuui. The Magistrate said that children horn in Germany of German parents were not deemed to bo notma.liscd through ’the naturalisation of the. rather, except in that part Oi the Finn ire, whore (ho naturalisation took place. Defendant, by virtue of his father's, naturalisation, was still a naUtra.liscd Drjttsii subject in South Australia, but, when he eaniG t-o Xow Zealand, and did not take our, naturalisation papers, ho became a German subject here. His Worship said he was not. reflecting on the defendant, ns he had no reason to believe that be was less loval titan if born in tfouth Australia. He was a German subject by law, and therefore within t-xia scope of iho regulations, Tito Magistrate said it was the first ease of the kind iu Xow Zealand, and he would not indict a serious fine. The defendant was fined £2.