The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-09-19

,ary or naval officers OF carrying bel
HScrents dispatches. In such events
she is liable equally with the avowcd
enemy TO be captured anywhere except
within the territorial waters OF pcu-
trail state.
may be connected with the capture of
n ship at sea. Hence the importance
or The rule that the matter shall he
brought promptly into court for adj
judication. so that the vessel may be
condemned II her capture was rightly
made. Or that restitution may be or
dcrcd in the event of any mistake hav-
ing been committed The hca ring itself
is necessarily quite unlike any ordi-
nary legal proceedings Difference of
language. distance and the imprac-
ticability OF collecting foreign wit
nc:seF Tor REORGANIZATION are all
factors which help To put anything
like normal legal methods out Of tho
question Accordingly. a series Of sim
pie tests or rules have been laid down
relating 10 the ship. papers. the char
actcr and destination of the cargo. and
the answers OF those on board to the
intcrrogatorics put to them. If these
rules have been transGrcsscd. the pre-
sumption is against tho ship, and she
Is condemned in the absence OF con
trary proof in her favor. which. OF
course. IL is nearly always Impossible
W lNc on the olncf nH nU. II the
rules have not been transgressed. the
presumption is the other way. sus-
picions arc disregardcd--in this coun-
try. that is, for the Russian practice
is different and the captive goes free.
II will be seen that the ship pa
pers-the books, passes, charter par
ties, bills Of lading. letters. and so
forth-found Oh board arc OF the great
est Importance If the ship is TO be
convicted "out of her own mouth"
Where the papers make significant rev
Citations. or where there is discre-
pancy between the papers and the
ships course the evidence against the
ship may bc even more damninS than
that afforded by the character of the
cargo or the statements of her crew.
IT is. therefore. ono of the first duties
OF the captor TO secure all the pa
pcrs, and arrange and number them.
and when the prize has been brought
into port the papers are handed Over 10
the custody Of the registry OF tho
Prize Court. As soon rs a ship is con
dcmned II is the property Cf.thc crown.
and IL was as grantees of the crown
that the captors OF rich prizes i'll the
old days were enriched by the spoil
The system. however. worked unfairly.
TO The navy as whole, for the actua
captors were ordinarily the command.
crs and crews OF fast cruisers. who
proved upon the cncmy's commerce.
while those bearing the brunt of battle
in the heavy ships OF the line got moth
ing. new plan is now being adopted,
and il is to he hoped that in its " orli-
ing il will not deprive the navy, which
guards our very existence us nation
Of the rewards that arc It's due, but will
only provide for thoir more equitable
distribution.
Prize courts arc still subject only to
their own soVercigns. Bcllisercnts arc
sole Judges in their own cause. and
il is not surprising that their decisions
have often been disputed by neutr;ls.
TO avoid these difficulties and tho no
ccssity Of getting over them by. such
cumbrous eNpeticnts as mixed commits
sions at tho end OF q war, various
plans for an international court have
been formulated. and in lhO7. al Tho
Hague Conference, after endless dis
cussion, convention WAS actually
framed. The rule TO be applied, how
ever, remained the subject Of such con
nicting views that 1t was not prac-
ticable TO set up the court