THE OTAGO DAILY TIMES WEDNESDAY, OCTOBER 10, 1915. “OF NO NATIONALITY.”

Otago Daily Times, Issue 16519, 20 October 1915, Page 4

THE OTAGO DAILY TIMES WEDNESDAY, OCTOBER 10, 1915. “OF NO NATIONALITY.”

A judgment, which is reported in the most recent Home papers, by the King's Bench Divisional Court upon ar. appeal by an alien enemy against his internment is of distinct interest in this dominion, by reason of its bearing upon the-cases of various individuals that have been under discussion. A curious feature of the case at Home consisted in the fact that the appellant %ainst internment claimed that he was of no nationality. , Apparently, moreover, he was in this respect a type of a class of persons of foreign origin resident in the United Kingdom. The appellant was Alfred i • ■ Liebiiann, managing director of the London and Provincial, Electric Theatres, Limited, which seems to devote itself to the establishment of Innemalograph theatre companies and to the erection of picture theatres. He was born at Mannheim, Germany, and, before his arrival in London when he was 21 years of age, he served for a year in the German army. It was in 1889 that he came to England witjii he saye, the intention of making his home there. In these circumstances Liebmann applied for and obtained his discharge, and release from German nationality. A discharge such as this, it was represented, '' absolutely put an end to the person's nationality, deprived him of all rights as a German subject, and released him from all obligations as a German subject." Shortly after the outbreak of war Liebmann registered as an alien enemy, " although he knew he was not a German subject," but he could not then find his, certificate of discharge. Two months later he discovered the document, and produced it to the police, claiming that he had not been for nearly 25 years a German subject. Subsequently he requested the registration officer to remove his name from the register, on the ground that he had no nationality and was not a German subject, but his request was refused. Ah application for exemption, from internment met with a like fate, and upon his internment he appealed to the courts. Like Professor von Zedlitz'in this (dominion, he never, although he had been resident for 25 years in England, made the slightest attempt to become a naturalised citizen of Great Britain, but it was argued on his behalf that, as he had lived in in England for all these years ' and as nothing, was known against him, he must be taken to be domiciled there and to have sympathies with the British. It was also argued that his act of renunciation of German nationality should carry far greater weight than the mere act of naturalisation in Great Britain would. These Arguments made no impression upon the minds of Mr Justicfe Bailhache and Mr Justice Low, who constituted the King's Bench Divisional Court to which the appeal against internment was taken. Upon examination of the German laws, which unfortunately are not .quoted in the reports of their judgments that we have seen, they found that Liebmann, notwithstanding his act of renuncia-

tion and notwithstanding his long residence in England, was an alien enemy..

Another point of great constitutional importance emerged during / the argument of the appeal. Apparently, through an oversight, the express power to intern alien enemies has not been included in the emergency legislation at Home, and, this being so, the Solicitor-general was forced to base part of his case on.£he prerogative of the Crown and to argue that the power is inherent in the Sovereign to imprison civilians during time of war, whether they are alien enemies or not. The court declined to admit the full claim made by the Solicitor-general, but it did agree that an alien enemy, such as Liebmann was declared to be, interned by the Executive Government on the ground that he was a person who might be hostile to the safety of the nation, might be deemed to be a'prisoner of war so that, in accordance with ancient precedent, no writ of J' habeas corpus" could be grantedvin his favour. The proposition th§£.an. interned alien enemy is a prisoner Tof war may, as Justice Bailh/ache himself said, be regarded at first sight as "somewhat startling," but the members of the Divisional Court gave cogent reasons for the decision adopted by them. Mr Justice Bailttache, in the course of his judgment, said: Spying had become the hallmark ofGerman Kultur. Under those circumstances a German civilian in this country might be a danger in promoting unrest, suspicion, doubts of victory, "and communicating intelligence assisting in the . v movements of submarines and Zeppelins far greater danger indeed than a German sailor or soldier. He had come to the conclusion that a German subject resident, in the United Kingdom who, in the opinion of the executive Government, was hostile to the welfare of this, country, and was interned, might be properly described as a prisoner of war, although not a combatant or a s py-

Mr Justice Low developed this view in the following extract from his judgment:

War was not confined as in ordinary times to easily ascertained things. Inventions and discoveries of recent years, and especially the existing means of communication, had so widened the fields of possible hostilities that there was scarcely any limit on the earth, in the air, or under ■■ the waters to the possibility of hostile action. The real danger might exist far from where the actual clash of arms was taking place. In addition to these methods of warfare there had come into practice on the part of our foes, that which involved the honeycombing of the land with enemies intended not only for, the purpose of obtaining and despatching information, but for a purpose directly helpful in the carrying on _of the enterprise either actually warlike or calculated to assist the successful conduct of the war. In dealing with people who considered that the acceptance of hospitality connoted no obligation, and who thought no blowcould be foul, it would be idle to expect the executive to wait for proof of an overt act for evidence of evil intent.

expansion which has been given to ; the legal meaning of the term " prisoner of war" is, no doubt, as The Times says, sufficiently remarkable. -But it will, we .think, be generally agreed that it is necessary.

THE ZEPPELIN RAIDS, n The results "of the recent activity of the Zeppelins in their raids upon London were very much in keeping with their record since the war began. That record is a poor" one, despite the fact that the account of the visitation to London within the past week makes sad reading. The killing and wounding of civilians— men, women, and children—by incendiary and explosive bombs is not en achievement of any_ military value whatever, to the enemy. If the real object of the raiders was to cause material damage to docks, waterworks, railways, and military! establishments in London and the neighbouring centres, such as Woolwich and Ipswich, they have no ground for satisfaction in the • results. The casualty list suggests that the bombs were dropped more- or less at random and with little discrimination* of aim. Moreover, the vigorous attack to which the Zeppelins, were themselves subjected indicates that they were fortunate in being able to escape without a loss greater than any, damage they, may have been able themselves to inflict. At the outbreak of the war there is little doubt that the Germans placed high hopes on their airship fleet—hopes that fortunately. were doomed to grave disappointment. In various ways the vulnerability of the Zeppelin became speedily demonstrated. In the first five months of the war it was intimated by experts in France, and with reasonable show of accuracy, that ten Zeppelins, brought down by artillery or caught in gales, had met with total destruction. The experts now I tell us that Zeppelin pilots at first made the mistake —one also made by aviators in aeroplanes—of flying too low, and that, had the tactics been adhered to by which at the beginning of the war they were operated, so far from being able to increase their fleet, with the idea of delivering massed raids, the Germans would soon have been left with no Zeppelin fleet at all. The' Zeppelin presents in daylight a splendid target, is easily put out of action, and has to reckon with the fact that a' powerful anti-aircraft gun is capable of throwing a shell to a height of approxi-. mately 20,000 ft. Experience has forced the enemy to recognise that a Zeppelin flying by day over hostile country, even at her best altitude, runs a constant risk of destruction. Over apparently undefended positions, also, the risk from concealed guns has to be incurred. The peril of a Zeppelin assailed with determination by hostile aviators in fast aeroplanes has already been amply demonstrated. Thus it has come about that in offensive operations the Zeppelins have become creatures of the darkness. Their raids upon the cast coast of England illustrate well this feature of their activity. The limitation of their activity by day has deprived them of much of their utility as" scouts. ".What they were reserved for largely," as we read in a most interesting article on the subject in the Fortnightly Review by Mr Grahame White and Mr Harry Harper, " and it may be said of necessity, as. soon as the risks .of day flying became too grea|, was the making of night raids—using the darkness as. a cloak for the approach of a coast line or city, and then dropping their bombs- as quickly as possible and making off again through the night."* This exactly describes the recent hurried' visitations to London. It is not a glorious role certainly, and it is one in which, inglorious as it is, they harve been unable, through the limitations imposed by darkness, to obtain any actual measure of success. The experts agree that the darkening of cities and stretches of coast line as a precau-

tion against Zeppelin attack has more than justified any inconvenience it may have caused, by materially increasing the navigation difficulties encountered in any case by the Zeppelin pilot in endeavouring to locate some specific point in the darkness. The summing-up to which Mr Grahame White lends his authority as regards these night-raiding destroyers of city tenements reads :—" It would be injudicious, at present, to form definite conclusions even as to the use of a machine that has so disappointed her supporters as has the Zeppelin. Regarded purely as a flying craft, and neglecting for a moment such defensive measures as have negatived so much of their work in war, the Zeppelins have done exceedingly \.Sll, flying repeatedly for distances, and under conditions of navigation, that would have been practically impossible with any other type of machine. But their size, though it has given them these powers, has brought also the drawbacks described. In war, unless she can fly faster and higher,, and arm herself more adequately, the Zeppelin labours under disadvantages' which, in regard to operations of military-lvalue over a hostile territory, reduce her nearly to impotence.'' That such will remain • the case during the period of the war is as probable as it is devoutly to be desired.

The Hon. James Allen, as Minister of Defence, has received a cable from the Hon. Colonel' Rhodes, at Alexandria, stating that he is leaving for Mudros. Colonel Rhodes reports that the New Zeiland sick and wounded are well eared fojr ■in the hospitals and convalescent homes in Alexandria. There are no complaints as to treatment, and the convalescents are anxious to return to tho front without delay.' The base post office was moved to a commodious building on Saturday.

At yesterday's meeting of the Otago University" Council, it was resolved to appoint Mr H. D. Bedford to the position of Professor of Economics and History,, at a salary of £700 per annum. .The appointment is made subject to Mr Bedford devoting his whole time to the duties of the chair.

Having been requisitioned as a hospital ship, the Marama will be taken offatho San Francisco run on arrival' in Wellington from the Oalifornian port. A Press Association messago from Wellington states that until other arrangements are made the Maitai and Moana will maintain the service between New Zealand and Stan Francisco, and so as to keep to their time-table they will make Wellington the terniinal port, omitting the usual run across to Sydney.

Advice has been received that the Go-vernor-in-Oounoil has appointed Mr J. H. F. Hamel to fill the vacancy on the Otago Harbour Board ea/used by the resignation of Mr W. Belcher. Mr Hamel was. the highest of the unsuccessful candidates to. represent Dunedin city and St. Kilda on the board at the last election. The monthly meeting of- the Publicity Committee of the Otago Expansion League was held on Monday. Mr J. Inglia Wright was appointed chairman, and committee's representative on the executive. Mr J. H. F. Hamel was elected a member of the committee. Arrangements were made for a programme of speeches for the members' mouthly luncheons, and the secretary was instructed to make arrangements for the issue of season tickets. The secretary reported, regarding the issue of a leaflet entitled " A Fortnight's Holiday Tour in Otago," and submitted advertisements, for insertion in Australian publications. The secretary was instructed to write the branches' at Lawrence and Balolutha regarding the issue of publications advertising their respective localities. Our London correspondent, writing on September 10, says that Messrs Stewart Dawson and Co., of Regent street, have in. hand a very interesting work-of art, which is to be presented to the Japanese Admiral m command of our Ally's warships which helped to convoy the first party of New Zealanders to Egypt. So pleased were' the New Zealanders with the attitude of the Admiral that they decided ,to give him a memento of the occasion, and a considerable sum of money was collected in small 'amounts. Lord Phinket'a advico was sought, and Messrs Stewart Dawson and Co. are 1 now making a silver replica of an old Maori war canoe, with the tail and head pieces, and full iMaori decoration. The oanoe will stand on two blocks of 'greenstone, and the base will be.formed of; a fine 'piece'of /New'' Zealand black maire wood. The inscription is not yet decided upon. '.....,

There was a- clean sheet in the City Police Court yesterday, but Mr Hy Y. Widdowson, S.M., presided over a sitting of the Juvenile Court, when two x boys (brothers) were charged with stealing one box of essence of lemon, one jar of chocolates, three tins of pineapple', and one pot of honey, of the total value of 16s 3d, and further, with stealing the sum of £2 ss, the property of Peter Reid Skinner. Mr Axalsen stated that the big boy admitted having taken some of the goods enumer,ated, and the smaller boy admitted taking the balance of the goods and £1 15s • 9d. Tho complainant stated that the mother of the boys had paid for some of the goods and had returned the balance. She had also paid £1 15s 9d. From what he had been told by the constablo at North-East Valley, he estimated> that there was a further sum of 10s stolen. There was also a sum of 4s 6d Btolen on a separate Occasion. In reply to the magistrate, he stated that he could not say if the 4s 6d was a portion of the 35s which had been taken at one time. Sub-inspector Broberg stated that the conduct of the mother of these boys had been most <extraordinary so far as this case was concerned. When questioned by tho North-East Valley constable as to the history of her family, she could, not remember anything, she could not say where her husband Was working or tho name of the towns in which they had lived before coming to Dunedin. The little boy was under the dominance of the bigger boy, but to what extent the mother winked her eye at. the acton of the boys he could not say. After questioning the mother of the ■boys 86 to their past history, the Magistrate said that these boys would be kept under an order of the court. They did not appear to' have been before tho court previously, but tho matter was very serious, and did not reflect very great credit upon tho parerJte. The boys would bo convicted and ordered to come up for sentence when called on, tmd' tho older boy would receive* j six strokes of tho birch rod. ' The mother was also ordered to pay a further 4s 6d to Mr Skinner.

Arising out of the terrible accident to the lad Robert Newburn, on August 10, whereby both his feet were torn off at the Kaitangata mine screens,'the Inspector of Mines has issued summonses against the company for alleged breaches of the Mines Act (says the correspondent of the Balclutha • Free Press). There are three charges: (1) For employing the lad', on August 9 for more tjian eight hours' (12 hours' employment alleged), exclusive of the time allowed for meals; (2) for allowing him to oil machinery while it was. in motion, whereby the la,d was dangerously injured; (3) for permitting tho lad to wear loose clothing while engaged in close proximity to machinery. The cases will come up for hearing at next sitting of the Magistrate's Court, at Kaitangata. The prophecy was made by Mr J. G. Harkness, secretary of the National Dairy Association, in a, speech, ut the opening of the Te Horo cheese factory; that before the end of the present year (milking season) the dairy produce exported from New Zealand would be worth £5,000,000. A few years ago tho dairying industry was despised in New Zealand, said Mr Harkness, yet it now promised to .become the largest export trade of the dominion.

The monthly meeting of tho Maori Hill School Committee was held on Monday, Mr S. N. Brown," sen., presiding. The head master reported that tho roll number was 355, and tho average "Ji.ffiendanco 336. the highest attendance being 345. Accounts amounting to £8 were passed for payment. The Visiting Committee reported everything in good order. It was decided to apply to tho Education Board for a new infant room, as £he number of new soholars coming in now shows the need for more accommodation.

The annual inspection and examination of the Green Island Nursing Division was held on September 30. There was a good attendance of members. Tho examination was conducted by Dr Edie, and Captain Fleming and Mr Breen were also present. Tho examiners wero very well pleased with the results, all the candidates having passed.

In the course ol a letter one of the New Zealand soldiers, who was sent to a hospital in England early last month, makes a complaint as follows:—" Although we havo not been paid for over 13 weeks and havo now to drav about £12, we have not received any money to far. When a chap has boon doing his little bit at the front he likes, when sick, to have enough to buy cigarettes i and postage stamps at least. When I post this letter I shall' have to borrow a stamp to jmy for the postage." The adjourned inquest on the body of Mrs Stanley, which was cloned in the Hospital on October 17, will be resumed in the Law Courts this morning, before Mr H. Y. Widdowson, S.M. How London is guarded from aerial attack was briefly described to a representative of the Dominion by Mr J. A. Heginbotham, of Kilbirnie, who has just returned from an extended visit to England. The lights on every train, tram, and 'bus aro shrouded at all times, and in crossing the Thames bridgo it is compulsory to obliterate all lights. The same restrictions extend to the lighting arrangements of shops, streets, and theatres, which tends to make, the city very gloomy at night. At certain jpointe there aro mounted Jongrange aerial' guns, and captive observation balloons hang suspended above the murk of London's smoke, always in touch with the earth by telephone. Mr Heginbotham was particularly impressed by tho new searchlights, which do their work without shooting out the powerful rays that we are accustomed to see in warship searchlights. All one sees away up in the air is a floating cloud of light; jerking about from point to point, but as far as ihe eye can see with no ray-connection between it and the lens that is throwing the light. How this is managed lie had not the remotest idea, but all - through, the night these isolated splashes of b'ght could be sefen searching out the heavens in a manner perfectly mysterious to the^ninitiated.,

The exports of butter'from New Zealand during August totalled 2091cwt, of a, value of £16,561, .ray'compared with 5596cwt for August, 1914, of a value of £32,242. For the first eight months of the present year the exports of butter amounted to 219,847 cwt, of a total value, of £1,303,981, as against 249 1 129cwt, of a value of £1,325,856 for> the first eight■• months of 1914.'' Some 3ti;tßsowt of chease, of a value of £118,672, was exported from the dominion during August, as against 76cwt only for August, 1914, of a value of. £275. For the first eight, months of each year, however, the figures are very similar, the advantage, indeed, in value, arid'much more so in weight, being rather with 1914.. The figures for the first eight months of 1915 are '575,1Q90wt, valued at £1,872,855; and for the eight months of 1914 they were 651,4900wt, valued at £1,932,066. ■ The TaTanaki Herald quotes the following from a private letter recently received in!' New Plymouth from London:—Among the hew regulations as necessitated by the war. is one in, Scotland, which forbids train passengers over the Forth Bridge taking parcels or packets in railway carriages. According to'a new rule, they have all'"to be placed in the guard's van. The other day a lady was'in a first-class corridor carriage, when-two foreign-looking men got in, whose appearanco she did not like/ Her.suspicions were further aroused when, on Hearing the bridge, they produced a parcel. The lady then decided' to pull the communication cord, which, brought the train to a standstill. The guard came, round to investigate. The men were arrested, andthe train continued on its way. A few days afterwards the lady received a letter from the Admiralty, thanking 'her for what she had done, and. enclosing a cheque for N £50, and telling her that after the war she will bo told the great service she has done the country. Dealing with the statements that have been made to the. effect that the Commonwealth Government has been blocking the export of. wolfram, molybdenite, scheelitc, and other tungsten ores necessary for tho manufacture of guns and munitions, the Federal Attorney-general, Mr W, M. Hughes, stated that what was being done was in the interests of the Imperial Government and the Allies. It was untrue that the Government had prevented these metals reaching Great Britain. Tho fact was that the ' Australian Government acquired all the stocks of wolfram, molybdenite, and scheelite for the express purpose, of seeing that they went to the Imperial Government only, and that the proceeds from the sale of them did not reach enemy, hands. 'Mr Hughes added that' the Federal Government was willing and anxious to get hold' of as much of the metals as it could. It' had fixed prices which were regarded as reasonable, and it would undertake to see that tho metals were used for the Empire's cause, and hot against it.

Two strapping youths of 17 —Leonard William. Fuller, a clerk, and Ernest 'John O'Brien, a bootmaker—were summoned to the Magistrate's Court at Wellington on' Friday on: a' charge of making false declarations; It was elicited (says the New Zealand Times) that becoming tired of. mere cadet work and aspired by the " call of Empire," as one of them put it, they had taken the liberty of adding a year to. their ago in order that they might gain admits tance to the Territorial forces. Their hope was that they might subsequently be. afforded an opportunity of going to the front. Investigation by the military authorities among.the cadet records revealed that they had misstated thoir. age in the declarations which they were called upon to sign, and ' they were brought before the court o* a -warning.. to others who might bo similarly inclinccf to mislead tho Dofenco Department. -It was represented that the department was put to a great deal of trouble when such cases arose, the. necessity being recognised of taking every precaution against immature soldiers incapable of standing the rigour ~of severe campaigning getting to the front. In these two cases it appeared that the lads acted without ■ the knowledge of thoir parents; Mr Cooper, S.M., pointed out to tho lads that they had been guilty of a serious offence involving a maximum fine of £100. In the circumstances, he would let them off with a caution, but it must be understood that in tho future if other lads indulged in thesamo kind of misrepresentation their conduct would not be viewed • with such leniency. jTJie Rev. D. J. Murray; of Feilding, has received by the English mail a letter from his son, Private Rainton Murray, who is in a military hospital at Devonport, showing the development of modern eurgery Describing his wound, he says that a section two inches long of tho main nerve of the right arm was shot clean out, and also" a smaller piece in another place. The doctor, who is the nerve specialist of Guy's Hospital, joined up the main nerve by grafting in a piece, splicing pne end, and binding' tho other with fat and a blood vessel from another part of the arm. Another operation has yet to be performed, and then it is a matter of time till the ends have grown together. A few years ago this operation would have been impossible. It will be a long business, but ultimate success will be tho result.

At the monthly mbetihg^of Missions Committee of tho '•". ; Presbyterian; Church of New Zealand last week Jt.Waa unanimously resolved to request the convener (Professor Hewitsoh) toi' proceed to Canton as a deputation td; 1 the.. Canton Villages Mission, to assist"the missionaries on the field and the Church in New Zealand in dealing -with various: matters of policy; connected with the mission. The Knox Church Council has agreed to release Pro» : fessor Hewitson from his duties from 'November till early in March, in order that he may be able to undertake the work suggested on the mission field in China.

Lieut. H. W. Egerton writes that Jns Junior Triumph has run with the regularity of an cxpensiye watch.—W. Stuart. Wilson and Co., Bond street.-—Adyt. '-■'.' S. Matthewj's Church, Stafford street.— War intercession service, to-night, 7.45. All invited.—Advt, There's only one'store in Dunedin'where you can get pure unloaded tuK-re silk for,. one shilling yard, and that is Mollisons.—' Advt. _ Specify Watson's No.' 10, and you are.sure of getting whisky pure, mellow, refined.—Ad. A. E Boot, dentist, 63 Princes street.— Gentleness and extreme care.—Advt *: ' A. E.'j. Blakeley. dentist. Bank of Australasia, corner of Bond and Rattray streets (next Telegraph Office). Telephone 1859,— Advt. ■ -"•■.t ,-> '.- Who is Peter Dick?— The mret reliable Watchmaker, Jeweller, and. Certificated Consuiting Optician, 490 Moray place (off Prince! street), Dunedin, Charges moderate.—Advt