El Paso herald. (El Paso, Tex.) 1901-1931, 1914-09-24
.PRIZE COURT
To Be REVIVED.
England Finds It Necessary
to Revert to Old Institu-
ton in War.
Nv HERBERT TEMPLE.

London. Eng. sept 24.-The capture
by British cruisers of German merchant
vessels all over the world since the be-
ginning Of the great European war has
caused the admiralty TO revive that
ancient institution, the prize court
The cantured vessels, now held oy the
government. must be disposed or ana
the proceeds. according 10 precedent
will be prOrated among the men who
made the captures
Not for so years has a prize court
sat iu England The last was IN 1898.
in the Crimean war, Wnen lue l1le OF
the T.eucade was decided In the wars
~ +bs Dresent generation. half-forget-
full of the possibility that TINS country
might once again be swept into huse
International struggle, the expressions
'rrize court and prize OF war nave
a remote and unfamiliar soGnu.
Prize Taking Is Complicated
BOOTY means spoil taken from the
enemy on land. Prize means snip OF
goods taken on the water Inc ALst Is
a simple affair. y belllgerenl Is IN
possession of certain property; ms con
queror takes il from him; ana there -
no more to be said Prize Is h1ch
more complicated. The capture OF
shin NAV give rise TO all sorts OF ques-
tiOns affecting nations VINO are lOI az
war at all. and whose Tlsnls as
reurrals must be respected II IS mere
that the need for adjudication arises
and it is in order TO settle all slch
questions and TO decide IN eacn ~
stance whether the captive IS OF IS not
lawful prey that recourse IS nad 10
urize court like that over when SlE
samuel Evans viii preside
When a ship belongs TO the enemy
IL is almost always lawful TO take ner-
There are a very few exceptions -
fishing boat is exempt ana so IS d slllall
local trading vessel, and q mission snip
saEenITZEQ DTS
ouers Of war. Apart from Sucn IrlIllnS
and fairly obvious exceptions. a snip
sailing under the cOlors or pass OF me
enemy. may always be taken either III
our own waters or on the hlsh seas
II is when "a vessel thes nsulI.L
nag that difficulties begin II the
neutral flag was hOisted ABOARD an
enemy shin without q bOnauue S1-e anu
delivery TO a neutral completed by the
navment of the purchase money Jhef
il no transfer of property. and the
enemy ship is an enemy ship sun
Again. a ship. the uldOubted prop
ertv Of a neutral, may be VlolaunE neI
neutrality. She may have comm lec d
breach of blockade. She may have an
solute contraband on board-goo,G,s,
that is to say, that are deemed speclally
adsnred for warlike purposes or sne
NAV be conveying conditional cont a
band-EOods rendered contrapan1 ~
the Sims destination II neulIaA
gLir fs hound for an ordinary com
mercial port. a cargo not speclalIy war
like viii be presumed not 70 pc N
tended 10 aid a belligerent, but 10 ne
intended for civil use only, whereas y
me destination be a military or naNa-
station a precisely opposite conclusion
Moreover. the neutral ship may lose
her character by conveying ml!lJary OF
naval officers or carrying Delllse enL
dispatches- In such events she IS ila1Is
equally with the avowed enemy 10 pc
canrured anywhere except WITHIN ths
territorial waters OF neutral slale-
Decisions Often Disputed
Prize courts are still subject only 70
their own sovereigns- BelligerenIs are
sole Judges in their own cause. and II
ia not surprising that their decisions
have often been disputed by neuIrals-
10 aor5d these difficulties and the
necessity Of getting over them oy such
cr1r7brous expedients as mixed com
missions at the end OF the war various
mans for an international court nave
been formulated. and in 1907, az me
Hague conference, after endless clscus-
sion q convention was actually 1raIilel-
me rule TO be applied, however, re-
NAMED the subject Of such conIllell ~
views that it was not pracucaole 10 SCI
up the court.