Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-12-04
U. S. SHIP PLACED
In BRITISH SERVICE
American Steamer Hooking Requisi-
TONED Without ANY Legal For
malities at All.
NO PRIZE COURT PROCEDURE

WASHINGTON, Dec. s.-OfficiaI
announcement that the American
steamship Hooking had been re-
Questioned by the British govern
ment without the formality Of prize
court proceedings was received by
the State department late today in
a dispatch from Consul General
Young at Halifax, where the ship
has been detained since II was seized
by a British warship while OF the
way from New York to Norfolk.
This procedure will be vigorously
contested by the United States gov
eminent as being illegal and in viola
ton Of recognized right under inter-
national law.
Officials of the department who had
been more or less skeptlcial regarding
unofficial reports Of the Intentions OF
Great Britain expressed amazement when
they learned that the Hooking actually
had been requistioned.
what a.. =. win Demand.
The United States It was said will de-
mand that the ship be retained In prize
court. on the charge that II 10 partly
German owned, and that the prize court
Will act promptly in the case
Confirmation OF unofficial reports re-
gnrding the action in the Hooking case
led officials here TO believe that Great
Britain intends to take over for its own
use other vessels of the fleet owned by
the American Transatlantic company; IL
Il has not done 80 already. The COM
pany has informed the State department
that it's ship Genesee In the West Indies
has been requisitioned and the Kankakee,
now at sea bound for Port Stanley, Falk-
land islands, In charge of a prize crow
from the British cruiser Macedonian, will
be requlaitioned upon its arrival at port
Representations regarding the Hooking
probably Will include also the cases OF
the Genesee and the Kankakee.
Rely on Order-tn-OounctI
Attorneys acting for Great Britain in
the cases base their motions for orders
of requisltion upon a British order-in-
council. issued April 90 which the United
States Is not prepared to accept as in
accordance with international law
The state department now Is awaiting
report from Ambassador Page at
]
received unofficial intimation OF the in
tention Of the British government, was
instructed TO inquire into the matter
and to enter vigorous protest II he
found that requisition was contemplated
Although no information has been re-
ceived from Ambassador Page tonight, It
was presumed by department officials
that ne has received confirmation I'm Lon
don. The department desires to know Just
what action Mr.. rage has taken before
determining what form further represen-
tationB shall take.
Agreement of Crown.
Consul General Young's dispatch said
that when the order allowing requisition
was granted by the prize court in Halifax
this afternoon II was stipulated that the
crown should give an undertaking for the
appraised value of the ship. The crown
under this argument agrees TO pay the
amount OF the appraisement into the
court should final adjudication in the
case be against the British government.
The report contained no details regarding
the apprRisement. Dispatches received
by Counselor Polk OF the State depart
ment from attorneys for tho American
Transatlantic company. however. stated
that In the case OF the Genesee the UNI
Officials OF the State department al
ready are arranging the legal arguments
which may be used In the case. They
have found that during the civil war
certain neutral ships were seized and
requisitioned by the United States before
prize court adjudication. Most of these
ships, however. are said to have been
blockade runners.
| Collects AffIdavfts
The department also was informed to-
night that the American Transatlantic
company had nearly completed its col
lection of affidavits from the holders of
stock In the corporation. which will. Il Is
claimed. prove that the company "a
wholly owned by American citizens All
but two OF the affidavtts, II was said.
had been collected. Those now on hand.
II was said. might be inn ,ediately SUBJ
mltted to the State department for its
Information. II Is claimed they show
that at least 20 per cent of the stock Is
owned by American citizens.
The Hooking was requlsltioned under
authority OF a rule OF prize court pro-
cedure. provided for by the order-in-coun-
Gil reading as follows;
Where Il Is made to appear 70 the
.udge on the application OF the proper
officer OF the crown that II Is desired TO
teouisition on behalf OF his majesty a
ship in respect OF which no final decree
Of condemnation has been made he shall
order that the ship shall be Appraised
ana that upon an undertaking being
Given the ship shall be released
Bnc delivered to the crown"
Right 90 Esaafsition
The rule was contained In an amend
ment. which was made after the attorney
general appearing for the British govern
Taent In the case OF neutral ship, which
had been requisitioned. eontended that a
helligerent state had right to requisi-
ton. according 20 international law, Tor
| Urgent purposes OF offense or defense.
the property OF neutrals. provided it is
Eot within neutral jurisdictiong Il was
further eOntended that such requisition
was subject to adequate compensation"
aud that the subject Of neutral state
whose property had been 80 requisitioned
could not complain 10 a British court the
remedy being through diplomacy.
The American Transatlantic company
Is a Delaware corporation which was
formed recently by Richard Wagner OF
New York and Wisconsin. II purchased
ten ships, nearly all OF which before the
war were flying the flags OF foreign
/ eOuntFiaa Fovv nauaH.I