Jiro Muramats v Commonwealth Electoral Officer for Western Australia [1923] HCA 41

Fi, a Rr hare Slow LE can) v fe paresple FERRE STS

500 HIGH COURT

(HIGH COURT OF AUSTRALIA.)

JIRO MURAMATS , ComPLaINANT,

AND

THE COMMONWEALTH ELECTORAL OFFI- CER FOR THE STATE OF WESTERN RESPONDENT AUSTRALIA t ' i ' : :

DrFENDANT.

ON APPEAL FROM A COURT OF PETTY SESSIONS OF WESTERN AUSTRALIA.

H.C. or A. Blectoral Law (Commonwealth)—Commonwealth Parliament— Right to enro 1923. electoral roll — Aboriginal native of Asia or Islands of Pacific — Japa 5 Naturalized person — Effect of enrolment on roll for Legislative Assem

Perrn, Western Australia — Evidence — Public history — The Constitution (63

Sept. 19, 21. Vict. c. 12), sec. 41* — Commonwealth Electoral Act 1918-1922 (No. 2 1918—No. 14 of 1922), sec. 39 (5)*—Hlectoral Act 1907 (W.A.) (No. Pion 1907), secs. 17, 18 * — Naturalization Act 1903-1917 (No. 11 of 1903 Poe 25 of 1917), secs. 4, 8—Evidence Act 1906 (W.A.) (No. 28 of 1906), sec.

Practice—High Court—Appeal from inferior Court of State exercising Fe jurisdiction—Extension of time for appealing — Court of Petty Sessic

1920 (W.A.) (No. 11 of 1902—No. 28 of 1920), secs. 197, 206b.

* Sec. 41 of the Constitution is as Electoral Act 1918-1922 provides follows: "No adult person who has or "No aboriginal native of Austr acquires a right to vote at elections for _Asia, Africa, or the Islands of the P the more numerous House of the Par- (except New Zealand) shall be ent liament of a State shall, while the right —_to have his name placed on or re continues, be prevented by any law of on any roll or to vote at any Se the Commonwealth from voting at election or House of Representat elections for either House of the Par- election unless so entitled under secti liament of the Commonwealth." forty-one of the Constituti

Sec. 39 (5) of the Commonwealth Sec. 17 of the Electoral Act 1

OF AUSTRALIA. 501