MINER'S APPEAL SUCCEEDS.

New Zealand Herald, Volume LV, Issue 16752, 19 January 1918, Page 8

MINER'S APPEAL SUCCEEDS.

AUSTRALIAN DOMICILE PROVED. The adjourned case of Joseph U. Bergban, miner (Mr. Dickson), who claimed that ho .was not a reservist, was considered by tho First Auckland Military Service Board. An affidavit was put in, showing that appellant met with an accident in Australia, and camo to New Zealand in December, 1916, on a visit. Ho was called up in the ballot, and, although he had a return passport, was not allowed to leave New Zealand. He had volunteered in Australia and been rejected. He had been, classed as Q2 hero. If they would take' him he wag anxious to serve, but as they would not he wished to got back to Australia, whero he had work' awaiting him. He was bom in New Zealand, and lived here for 17 yoars, and had lived in Australia for five years. To Major Conlan: He t applied for a permit to leave New Zealand before being drawn in tho ballot. Ho could, not explain why ho did not attempt to return to Australia earlier. , Counsel submitted that the question of domicile depended on the man's intention, and the fact of getting a return passport showed it was not his intention to remain here. The chairman said that the board was of opinion that appellant left Australia with the intention of returning, and did not change his mind subsequently, though he somewhat compromised his position by the length of his stay. The board held that appellant was an Australian resident and not a reservist, and allowed the appeal. '