Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-12
THE ST. PAUL'S CASE
Cannot Be Chartered by England for
a Transport.
LAWS REGULATING The MATTER
Vessels Liable to Be Called on as
Naval Reserve.
ENGAGED AS NAIL BOATS

Th.. Stea ner St Paul cannot he chartered
f. Great Britain as transport without the
consent of the Tilted States government.
Tho giving of such consent by this govern
n1ent would involve very delicate question
under the rules of neutrality.
This steamer comes within the jurisdic-
tisn of two laws: one the mail subsidy law,
th- Other the special registry law under the
terms of which the vessel was built in
order - admit of American registry for the
Paris and New York.
With reference to the restrictions of the
latter law there is a question of construc-
lion Thu act does not in terms make the
vessel and her sister vessels officially a
laval reserve. but. in effect, they do COM
prise naval reserve. The act provides
that the vessels registered under its terms
may he taken and used by the United
States cruisers and transports. During
the Spanish war they were so used.
Nothing in the act forbids in express
terms the chartering of the vessels to a
foreign government for any purpose what
soeveF. and The chief of the navigation
bureau Of the Treasury Department says
that there is nothing to prevent such a
charter. but the fact is that there is an
Inconsistency between the exercise of the
privilege of charterirg the vessels to a
foreign government and the provision OF
III law that they shall always be at yfe
command of this government when wanted.
I. TINS assumed privilege had been exercised
TWO years ago and the vessels had been
chartered by Spain before the outbreak OF
I'll" war between that government and the
tlted States. the charter being for iva
y drS or more. the vessels would have been
i'm the Spanish service during the war in
ST. ad of in the service of the United States
II the ST. Paul were now chartered by
Great Britain for year. and meanwhile
trouble should arise between Great Britain
ana the United States. she would not be
{, available for the service of this government
d, Tanded of her under the terms of the
law. or if this government had use for her
OF account of any other reason there would
h' conflict between her being held in the
service of Great Britain under a charter
and the claim of this government to her
rvice under the terms of the special law.
ten. tirOSycnor. chairman of the Housa
C"mmittee IN merchant marine and fisher
is was asked about the matter. and. while
h had not then had an opportunity to OK
anime the law. he said that it was his opin-
lon. given Off-hand. that the requirement
that the vessel should he turned over to
The nited States government on demand
upon, the payment of the proper valuation
vas inconsistent with the retention by the
- mpany Of the right to charter the vessel
L. a foreign government. He said he under
stood the law to mean that the vessel
should always be available for government
service and she certainly would not be
available while in the. service of a foreign
government under contract.
Made Impossible by Subsidy Act.
BUT Independently of the provisions of
this special registry act however interpret
81. thu subsidy act of March 3. 81 beyond
Question precludes the diversion of the YES
- from the service of the United States to
any other service during the term of the
With the consent of the United States gov
crnment. ana to give this consent in the
present Instance might be rega, ded by the
nations Of the earth as a violation of neu-
tlality.
This subsidy act authorized the Post
master General to make contracts for the
ocean mail service for periods of not more
Than ten nor less than five years. the de-
T1rtment design atinS the routes. the time
1akeH- the size Of the steamers. the number
al trIpS per year, tine time Of sailing, etc.
The Postmaster General has such a con-
tract with the St. Paul. aud failure of
thai vessel To render the service required
by the contract involves. not only loss Of
comp. nSStiun. but an exemplary fine Of
any ISpportion the department may deem
proper,
Official Waiver of Penalty.
When the ST. Paul and her sister ships
were taken by this government for service
during the Spanish war the POSTMASTER
ot this penalty in justice to the company;
Otherwise the fines fer failure of contract
GHdrr one law might have exceeded the
'''impt nSatiDn for services under the terms
II III, other bat the payment for services
sS carriers of the mail was by law sus-
pended This waiver Of penalties. not only
proper, but essential, in the interest of
our "WE government, would hardly be war
rttrted IL a friendly act to a neighbor ma
tI"h not our ally at war with another ma
Could Make Fine Prohihitixe.
second Assistant Postmaster General
Shalleuberser, who has authority over the
foreign mail service. said today with ref
cr-nce To This question that the department
had authority 10 make the fines for failure
"a comply with the contracts heavy enough
l. he PrOhibitive Of any charter in conflict
with the fulhIIment of the contract and
that the ST. Paul could not be transferred
20 the British service unless this govern
mont c"IISC ntcd through the remission OF
fines for nnn-performaHce of services to
the Post Oftic- Department The diplomatic
question Of violation of neutrality being
involved in such consent being given was
lie said, too delicate question for him to
discuss
The subsidy paid the s. Paul is 81 per
mile on the outgoing voyage. A failure OF
service involves the loss of this subsidy and
the payment Of such fine as the department
may deem adequate to compel fulfllment
Of contract. This. of course. concentrates
me which shall be prob blivc. a rernis-
sion Of ii in the interest of Great Britain
U"uiI BE- the generous sacrifice Of the in
t"r"StS of this government TO serve a
friendly power. and as such would probably
d. cpHS1 ruei into an act of hostility toward
,!rp~. with whom she is at war