A NOTE TO WASHINGTON

NZ Truth, Issue 569, 13 May 1916, Page 12

A NOTE TO WASHINGTON

THE "HOMES " OF A DILEMMA

AN AMERICAN "CITIZEN" WANTS TO BE NEUTRAL

But the Law Will Not Permit Him

(From "Truth's" Christchurch Rep.)

A prosecution' instituted at Christchurph last week.under the War Regulations Act, . concerned a chap named Home, who had endeavored to shuffle out of his military by claiming American citizenship, but threw off the Stars and Stripes and claimed British citizenship when he wanted to vote and dabble m the British laws governing 1 New Zealand. The case was that m which Willie Templeton Home, was charged before Magistrate Bailey., with failing to REGISTER FOR TERRITORIAL SERVICE. Crown Prosecutor Raymond, K.C., said Home pretended to be an American citizen. He was born of an American father m the British Empire, but, nevertheless, was liable for military service as a British subject, which he was. His father being an American did not exempt him- from service. The S.M: The Act exempts aliens. .Mr. Raymond contended that Home was a British subject and not an alien. ' He quoted Halsbury m support , of his contention, showing that natural allegiance was due from all natural- | born British subjects. Home could | have adopted certain terms of allegl- i ance to America and could have become a citizen of America, but he had not done so and, could not have become otherwise naturalised, seeing that he had never been m America; s . :■■ Constable Williams gave evidence of ; having called at Home's house .and Been the defendant and his father, last December. He asked Home to nil m the registration form, but he declined ! to do so, and while condemning militarism, claimed American, citizenship. 'Mr. Raymond: Is Home on the electoral roll?— -Yes. . The -S.M: He is evidently a British subject when he wants to vote, but . not when, he is asked ,to .serve. (To Hottie) : Have you voted!? ; , Home: Yes, I admit Pm on the "electrical" roll 'and that I've voted. The S.M. observed that m order to vote, JEJorne must have' claimed British citizenship by filling m the registration paper, the first question on; which was, '■■■■. "ARE YOU A BRITISH SUBJECT." Edward . Garleton Home, father of the defendant, said he was an Americart and had. complied with all the Saws of his native country. Those laws provided that when an American citizen was UVSng abroad, his sons, at the age. of - nineteen, could take the. oath , of allegiance m tlie, country ia which they were Hying and so become nat-

uralised American subjects. If Home's boys had to h.e; trained, he would send them to America for that purpose. . Mr. Raymond: Wh ere was your son born?— -At' Invercargill. \ Then, under the law, your Worship, the lad is a" British ' subject. Home: "My learned friend's" (Mr. Raymond, K..G.) contention, doesn't mattery your Worship. It -makes no difference if my son was born m TimbuctoO. The S.M. warned the witness that his undue frivolity might earn him a conviction for contempt of court, if he didtft "take 7 a pull." .. Mr. Raymond: You say your son was born m February; 1892, and voted m a Christchurch electoral district. You, also, have voted?— Yes, under the property qualification, which .entitled me to vote. Have; you and your son taken a leading part m the an ti -militarist movement?-^! don't know about taking a leading part. ■ You are an anti -militarist? — Well, I'M OUT. FOR PEACE, certainly. I'm no butcher. . Since 1592, where have you resided? — In Southland,' and ,for the last 10 years m Christchurch. Mr. Raymond, produced and read a letter sent to the -American ConsulGeneral by the defendant, who intimated his. intention of carrying the present case to the full extremity which the law allowed. He, also stated that he was pretty well versed m the law, having had experience under legal professors through the International Correspondence Schools of New York, and that as a neutral, he refused point blank, to train. Mr. Raymond: Are you a naturalised British subject?— No. I'm an American citizen. . You claim that you are under no duties or obligations to this country! — Not from a military point of view. You've exercised your vote at elections?— Undoubtedly I have, under thp proper qualifications — property qualifications. Where were you registered?— ln St Albans. If there'B any dispute on that point, I will produce my birth certificate. Your birth isn't disputed, You .know that one of the first questions on the electoral registration paper is as. to whether you are 4i British subject?— Yes. ■■'■■ . " : ."■■\-;-- ■ , ■ .■•■■•■ •■••■ You answered that question? — Yes. I pv»t "TJ.S.A." I didn't , vote under any other than my legitimate qualification. A roll was produced and. Home was found to be an elector entitled to vote by his- property rights. Young- Home, the defendant, gave evidence that he was an American subject, having taken the oath of allegiance before the late Mr. Frank Grahame, local 'American Consul. The S.M. pointed out that the defendant m taking the OATH OF AMERICAN ALLEGIANCE had not renounced British allegiance, arid, seeing that he was only twenty and therefore under age at the time, It was not an oath of allegiance. Replying to Mr. Raymond, witness admitted that for some time he was an active member of the Christchurch anti-militarists. And yet. you state you are an independent, neutral .citizen? — Yes. Then, If that is so, what right had you to interfere with the obligations of British subjects m this country? — I wasn't Interfering with anybody's obll-^ gations. Did you not send a telegram to the Minister of Defence?— -Yes. , What was the effect of that communication? — I asked for the immediate release of the men .who had .been taken to Ripa Island at the point of the bayonet. Did you ask or demand? — Asked, I think. Then you did Interfere with British subjects who. as such, had refused to do their duty? — No. '

What 1 . Didn't you threaten to march at the bead of 200 men to effect the release*, of -those at Ripa Island? — Oh, I'm not prepared to say that I did or didn't. You know very well you did. You've exercised your vote as a British subject?— Asas a citizen of ,the United States of America. Continuing, the defendant said that If an invasion took place, he was quite prepared to defend New Zealand, but, as an Amerlrah citizen, he refused to train here, although If he had to train, he would do so In America. He wanted It understood that his sympathies werev»ot ■with Germany but, on the other hand, he had helped the Red Cross and other Patriotic Funds aa far ajs hia means would allow. Had more time been given In the present case, he would have had the statement of the American Consul-General to back up his rights as an American citizen, and already be was IN COMMUNICATION WITH WASHINGTON on the subject. Mr. Raymond: You say you've had no time and yet you sent an Impudent letter to the Area ofUcer, saying: ..that you had received your seventeenth notice to register, and that tho department was considerably overdue m Instituting tho proaecution which tJioy had threatened. After some more argument, the S.M, said he was quite satisfied that Homo was a British subject and under obligation to register. He would bo fined 40s and £2 2s solicitor's fee. Home, senior, applied for an adjournment, but was assured by the S.M. that he had the right to appeal. A similar, charge was then taken regarding "Dick" Home's failure to register. Defondant pleaded not guilty and, after evidence wan heard;¥ho was con- 1 victed and fined 4 Osmond solicitor's coats. ]