The Savannah morning news., 1901-02-08
HE WON'T INTERFERE
PRESIDENT DECLINES To REVERSE
JUDGMENT of COURTS.
aDULA A LAWFUL PRIZE.
MOTION FOR DISTRIBUTION OF
PRIZE MONEY TO BE MADE.

Opinion Was Affirmed by Supreme
COurt-FrOm the Latter Decision
an Appeal Was Made to the Presi-
dent, Asking That He Exercise Ex-
ecutive CIemency and AbsOIve the
Owner of the AduIa From Payment
| of Bond Given for Release of YES
sci.
President Mckinley has refused to inter
fere with the decree of the District Court
of the United States affirmed by the
decision of the Supreme Court, which
declares that the British steamship Aduia
was lawful prize of war.
Positive information to this effect has
| been received in Savannah by District
Attorney Erwin, representing the captions,
and Messrs. Garrard & Meldrim, repre-
senting the Atlas Steamship Company,
the owner of the Adula. The district at
! torney stated yesterday that as soon as
he was officially advised of the action
of the President, he would apply to Judge
Speer for an order distributing the prize
money among Commander McCalla and
the gallant crew of the Marblehead. After
the first trial of the case the Adula
was released on a bond for 1000 started
out on voyage through the Caribbean
Sea, struck reef in a storm and is
now filing a watery grave The bond,
however, is in the registry of the court and
is as good as gold.
Judge Speers decision declaring that
the Adula was lawful prize of war was
teafFi nd to,
airy of last year and at that time every
body who had an interest in the capture
| or who had advanced money or perform
ed services to the Adula thought it would
be but very short time before the bond
would be forfeited and collected and the
money divided
A somewhat unusual legal remedy,
| however. was resorted to by Mr. Ever
! EFT P. Wheeler, proctor for the Atlas
! Steamship Company the owner of the
Adula Mr.. Wheeler claimed that there
resided in the President of the United
| States a sort of appellate jurisdiction
and that he could review, in prize cases,
| the decisions rendered by the courts. 1t
was contended that his power in such
matters was analogous to the right to
exercise executive clemency in criminal
| cases.
|
| porting this unique contention, was filed
with the President, in which he was be-
| sought to relieve the owner of the AduIa
| from payment of the bond given for the
| release of the vessel. 1t was contended
that the owner and master of the Adula
were wholly free from any wish or in
! tention to violate the blockade of the port
of Guantanamo, which the Adula entered,
and that she should not be declared a
prize.
| The president has not been able 70 sec
| that he is invested with the appellate
! jurisdiction imputed to him by the proc
tor for the Adula's owner, and has de
| clined to reverse or interfere with the
| judgment of the courts.
The Adula was vessel of 372 tons be-
| longing to the Atlas Steamship Company
| Of Kingston, Jamaica After the breaking
out of the Spanish-American war the
! steamer was chartered by various per-
| sons, in the intervals of it's regular
work, for voyages to Cuba.
In the meantime, however, a blockade
was established at Guantanamo Bay, by
order of Admiral Sampson, the blocixad-
ing squadron being under the command
! of Commander McCalla. This blockade
was in existence in June 1898.
On Jan. %, 1898, the Adula was lying at
the port of Kingston, having just dis
charged cargo, and the agent of the own
er entered into a charter party with Don
Jose R. Soils, a Spanish subject, former
ly resident of Manzanillo, by which the
Adula was put at the disposal of Don
Jose for the conveyance of passengers
from Cuban ports to Kingston. The ports
to which the vessel was to go were Guam
tanamo, Santiago and Manzanillo.
The Adula left Kingston on the after
noon of June g. Before sailing, Soils,
who was aboard her, asked from the
United States consul at Kingston a per-
nit to enter the ports of Guantanamo.
Santiago and Manzanillo. This the con
sui refused to give without special in
structions from Washington The Adula
sailed without the permit
On the following morning she was met.
off Guantanamo harbor, by the L. s. s.
Vixen and brought to. The Adula was
then directed TO proceed, and entering the
harbor was overhaued and seized by the
United States ship Marblehead. Comman-
der McCalla, and was sent thence
to Savannah. After her arrival in this
port libel in prize was filed against
her.
After an extended hearing, a decree of
condemnation was entered on July 2S in
the District Court here, Judge Speer de-
livering an exhaustive opinion. An an
peal was taken from this Judgment TO
the supreme Court where it was affirmed
iHSi0 are many persons IN Savannah
who are interested in one way or another
in the disposition of the prize fund. and
who will welcome the decision of the
President not to interfere with that of
the courts. 1t is probable that within a
short time they will receive the money
due them for supplies sold the Adula or
for services rendered by them in connec-
ton with the trial of the case or the care
and navigation of the vessel
The White Star Towing Company, Of
New York, was also interested in the
division of the prize fund. 1t claimed
salvage for saving the Adula from de-
struction by fire while she was lying
in the harbor of New York. where she
had been taken for purposes of sale. Thu.
White Star Towing Company when the
present term of the court first begun
made a motion for a hearing upon its
libel but as this motion was subsequently,
Withdrawn it is inferred that its claim
has been satisfied and that il has no fur |
Their interest in the fund
BUTTER REDUCED.