UNPROTECTED BY LAW

New Zealand Herald, Volume LI, Issue 15730, 3 October 1914, Page 2 (Supplement)

UNPROTECTED BY LAW

GERMANS CANNOT SUE

STRANGE LONDON CASI

Geiimjlv-tiokn* people, no matter how long residents in England, aro now debarred from using our law courts to redress a

grievance, unless they have papers of naturalisation as Englishmen. This decision was given recently by Judge Parry at Lambeth County Court in a suit brought by Paul Winger against a bailiff and a landlord.

Winger is a German waiter, who lives in Pimlico, and has five English children. He sought to recover damages for trespass and illegal distraint against Frederick A. T. Betteridge, a county bailiff, of Saulton Road, Brixton, and Frederick T. Wilson, of Somerleyton Road, Brixton.

Mr. D. Warde, who appeared for Win

ger, said that in May last Winger was occupying rooms at Wilson's house, paying 7s a week rent in advance. The rent was fully paid up, when he received notice to quit. He was unable to get rooms in the other week that was given him as notice, and when the notice expired he was still there.

He had left to go to his work, when a stranger came to the rooms, saying he had been sent by Betteridge. Mrs. Win-

ger was alone except for three of her youngest children, and the man said to her: * " You are the woman who is going to have her home taken away." At his suggestion she went to look for Betteridge, but could not find him, and when she returned she saw Betteridge and Wilson and his men in her rooms. Betteridge called out to his men: "Now, come, on, lads, pack up," and they proceeded to pull down the beds. She smacked the landlord's face and Wilson gave her into custody. She was remanded by the magistrate at the police court for a week in custody, and then discharged.

Never Naturalised. In her absence the furniture was taken to a warehouse, where it was kept for six weeks, while she and her husband and five children slept on the floor. Betteridge had taken the law into his own hands in a high-handed and cruel manner without a shadow of legal justification, said - lv .s advocate. Winger bore out this statement, and added that be was born in Saxony. Ha had lived in England for fifteen years, and was married in London thirteen years ago. He had now five children, born in England, and therefore British subjects. He had no intention of returning to Germany, which he had never visited since ho came to London Judge Parry: You were never naturalised? Winger: No, sir. Have you ever served in the German Army?—

Mr. Martin Connor, who appeared for the' plaintiff, submitted that when two countries were at war, as in the case of Great Britain and Germany, the rights of subjects of cither State to maintain an action at Jaw could not be sustained.

Judge Parry said he was alwave under the same impression, though in this country it had hitherto only had an academic interest. Winger had never done his duty as an English subject, as he had never been naturalised, and though in this case it might be very hard, he could not take advantage of the courts whilst the nations were at war. Justice Should Be Done. It was a mo6t disastrous thing, added the judge, that a man who had lived in this country for gfteen years should now bo cut out of the, courts for ever, and he was sure that everyone would desire that _ justice should be done to these people who had lived and worked here all these years, yet who had never been naturalised. ~f ,

But Winger was still a German liable to be called unon to fight against this country, if he cheso to do so, and during the time of war an alien enemy, for such Winger was in the eyes of the law, had no right to use -the courts. His stow was that he had been turned out of his house, and his home taken away, and on a. previous occasion had obtained a redress in that court against the person who removed his goods. > Judge Parry then synchronised law and justice in these words: "There is the question of the bailiff's action to consider, and in the interest of the community inquiries must be made into his conduct. Therefore-1 will grant a stay of proceeding?, with liberty for Winger to : apply for a trial when the war is over.",