Omaha daily bee., 1899-05-16
SHIP RETURNED TO ITS OWNER
supreme Court Decides that seizure
of french steamer Rodriguez
is Not Justified.

WASHINGTON, May 15.-The United
States supreme court today decided the
prize money case of the French steamer
Olinde Rodriguez, the first Of the naval prize
money cases growing out OF the Spanish war
to reach the court. The decision was an
nounced by Chief Justice Fuller and directed
that the vessel, which was captured off
San Juan, Porto Rico, on the 18th of July
last, and has been held since by this gov
eminent, shall be returned to its owner, on
the ground that 1T was not proved that the
steamers officers intended to enter the block
AIDED port. The court held, incidentally, that
the blockade of San Juan was effective.
The opinion of the chief justice entered
into the history of the case at length, call
ing attention to the fact that the Olinde
was the property of a reputable company
and that it left it's home port on June 16,
ten days before the issuance of the procla-
nation of the president which established
the blockade. He referred to the leading
Incidents of the voyage, dwelling at some
length on the claim that the blockade was
not effective. Remarking upon this latter
point, the chief justice said that in the
opinion of the court the blockade at San
Juan by the United States naval forces was
never pretermitted, nor the watch relaxed,
but that 1t was at all times sufficient.
Whether it would have been effective against
the fleet OF the enemy was another matter.
1t was upon this point only that the reports
of the naval officials could have any bear
ing, as their reports could refer only to a
military blockade, which was not considered
at all in the case. A neutral power had no
right to call into question the effectiveness
Of a military blockade for the purpose of
securing trade with an enemy of the United
States at a point under blockade by this
country.
Considering the question of the, intention
Of the Rodriguez to enter San Juan when
captured the chief justice reviewed the tes-
timony at length, saying that while the
circumstances were sufficiently suspi-
cious to justify the commander of the New
Orleans in experimenting the French ship,
there was no positive proof that it had in
tended to enter the port. The vessel was
in a direct line to st. Thomas and while
1t might have been the intention of the
captured ship to enter this harbor the cap
tain had testified that such was not the
purpose. He took into account the fact
that the captain had received notice that
he could secure fifty fret passengers
by calling at San Juan, hut said this was
the only motive apparent for any attempted
violation of the blockade. On the other
hand, there were neither passengers nor
cargo for that port and the intention of not
proceeding thither had been announced. All
things considered, the evidence Of evil in
tent was not sufficient to justify the United
States in holding the vessel. Hence, the
opinion of the court was that the %restitu-
tion of the vessel should be awarded without
damages and that the c;sts and expenses
incident to it's custody and preservation be
imposed upon the ship
Justice McKenna dissented from the opin-
ion. ...