Show Proposed Deportation Barred by British Ry fly IrNI to ta Tte Tl LO LONDON DO Feb 13 The Thc The British courts have decided that the government government government govern govern- ment has hatS no right to deport to Russia Hussla or France citizens of 01 those countries who have here An order of ot deportation ma may b be Issued a against any alien nUen but hut the tho order must not specify the country to which tho the alien must go The Tho decision completely nullifies the i widely proposed deportation of ot all al allied allied al- al lied Hed aliens for tor military service in their I own countries The test case caso discussed by the courts was that of or the Duke de Chateau Thierry a French subject of ot military I age resident In England prior to the war against whom the British government government govern govern- ment mont made an order of ot deportation to France at the request of at the tho French I government No offense or misconduct misconduct misconduct miscon miscon- duct was alleged against the duke but the home secretary claimed the right I to deport him under certain war legislation legislation legis legis- I lation which authorized him to deport aliens while the war continues whenever whenever whenever when I ever such deportation Is Incidental to the safety of or the realm The Tho duke contended that he was a I royalist and therefore a political re refugee refugee re- re fugee e and stated In his affidavit that ho had hid h been cn threatened over tho telephone telephone tele tele- phone with the tho fate of or being placed In a dangerous part of oC tho the firing tiring line notwithstanding an English medical certificate of ot unfitness 8 Tho rhe French government disclaimed an any political animus against him or any Intention to treat him as suggested suggest suggest- e ed but claimed him as of oC military ry age ago and subject to military service Tho courts without entering Into these disputed questions of ot fact took the broad ground that while the home secretary had discretion to make mako a de deportation deportation de- de order orlIer he lie has no power to select the country to which the deported deport deport- ed N alien must go o. o The order was ac accordingly accordingly nc- nc cordingly cording quashed and the duke re restored restored ro- ro stored to liberty |