Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1915-08-17

nautical experts He consults them
frequently on any technical question
Of navigation or naval construction
arising in the cases.
Back Of the lawyers are the Ameri-
can attorneys. in plain clothes ranks,
leaning forward to coach their Brit
ish brethren, but unable to say a
word as British practice requires all
the argument to be presented by Off
GERS of the court and British subjects
This has caused some little embar-
.rassmeut at times when the reserved
British barrister did not urge a point
with that vehemence that seemed to
be warranted by the American loyal
viewpoint
Sir Edward Carson, the attorney
general, is the central figure I'm these
prize court cases. He is the famous
fiery Irishman from Ulster who leapt
into world-fame when he organized
and armed the Ulster Volunteers and
dared the government to enforce
home rule on Ulster He won on that
70 the extent that home rule is still
waiting. and now he is a member Of
the government one of the newly
formed coalition ministry But there
has been nothing fiery I'm his conduct
of the prize court. He speaks with
out any oratorical effort, i'm mono
tone. hum-drum manner, all argument
and no defamation He appears
to have little humor, for he looks
blankly at Sir Samuel on the bench
when the lord justice laughs and has
a joke
In the case of the ships Kim and
Fridland. carrying American cargoes
of rubber, Sir Edward cited many Am
erican precedeuts One of them was
from 8 Wallace. 555. the case Of the
! Bermuda. He read a long paragraph
to uphold his contention and then
paused with some apparent triumph
that this American case was on all
fours on his side
But the next paragraph which you
have not read" said Sir Samuel from
the bench, turns the case against
you"
The difference between the British
and American practice was shown
when efforts were made to get copy
of the printed brief and affidavit,
which Sir Edward Carson had been
reading i'm open court. In American
courts these printed briefs are open
TO anyone. But when application was
made TO the clerks of the prize court
they were scaudalized by the request.
Briefs. they explained. were rigidly
secret. never going beyond the solicit
tors, who guarded them as a matter
Of professional ethics
The Registry of the Prize court is
another vast structure adjoining it,
with endless bureaus through which
the American attorneys wander in
quest of various branches of their
cases always receiving the greatest
courtesy, but always with the mass of
tradition and conservatism against
quick action And yet the officials
resent any suggestion that there has
been any delay i'm these prize cases,
although the American litigants are
smarting under what they claim is de-
! lay. One of the chief officials, Mr..
Lowell. register Of admiralty. said:
There ifs absolutely no delay So far
as the Prize Court is concerned. Sir
Samuel Evans is sitting early and late
He is going to give up the usual sum
mer recess of the court which begins
i'm August. i'm order to dispose of these
cases with the greatest promptness.'
One Of the British officials who has
had most 20 do with these prize cases.
said it was manifestly impossible for
the political branch Of the govern
ment, the Crown, to hurry the legal
branch, where the existing law had
/ to be administered according To the
existing customs. It would not be ex-
pected, for example, he said. that the
executive branch at Washington
would try to hurry the United States
Supreme Court on political grounds
or in any way outside the usual ap-
plication for advancement. which. al
ter an, was at the discretion of the
court
Answering this, am American Off
ciaL who has had much to do with
the prize cases. said there was an inn
| portant distinction between the Amer
lean and British courts, as the former
in reality had TO administer the exist
ing law according to existing rules,
whereas in the Prize Court political
branch, the Crown, had such power
that it could even change existing
law TO meet new cases. This is done
by the process of an order in coun-
ell He cited the following instance
in one of these prize cases:
AT "a decisive stage of the Wilhel-
mena case, the solicitors for the
] Crown made the point that a neutral
ship could be requisiuoned by one of
| the belligerents. This was laughed at
by the attorneys for the American
owners, who had Article 80 of the
prize law before them and we're ready
TO go into court the next morning and
laugh the crown solicitor out Of court
with their own law.
The solicitors for the Crown ap-
to