The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-12-03
GREAT BRITAIN CALLS
CIVIL WAR PRECEDENT
May Claim Communicating Bears
Ont Action Taken by United
States Government.
NO OFFICIAL MOVEMENT
Action In Reference to Registered
ships tnder Flag OF Uncle sam.

Washington Dec. 2.~-witnous re-
gard 10 tne protest sent to Great
styrudIu by this government against
>ach aetton. the British authorities
.asaye gone ahead and Communicated
both the Hooking and Genessee.
,nericai. registered ships OF the
American Transatlantic Steamship
! COMPANY, according 10 Information
laid before Counsellor Polk. OF the
state department by representatives.
Of the steamship mpaus. This in-
formation. watch IS not confirmed in
any o!nc4al aGFlcss received at the
state Department today. Is based on
cable dispatches from ST Lucia,
british West Indies, where the Gen.
essee was held. and fron Halifax,
where he Hooking Is.
Late this evening The State Depart
ment received from the American
consul at Halifax "a brief telegram
confirming the fact thai the Hooking
had been Communicated No con-
h"'Hatioa has been received wtth re-
spect 70 the Govessee. II Is under
stood that the State Department. on
t5e basis Of the communication from
Ionsui Young. AT Haitian. will re-
new his protests 70 Great Britain, al
tbaugh 1t Is kn.oVn that the depart
ment's international law experts are
ehQedN9f -Rg "a run eUNn report u
the effect that a partial precedent
fer the BRITISH action exists in the
secorda pf tins governments policy in
the Civil war
No officiaI Action,
While this precedent has not been
located, officials Dc not believe It VIII
entirely apply TO the present sltua.
lion. Although prepared 10 admit
that the United States may have com.
Wandered blockade runner at that
time, they are convinced that i will
Re shown that such action was taken
only where the presum ption was
strongly TO the effect that the vessel
vas enemy owned In the case Of
he Hooking and Cenessee, thesa Of
details insist, tht presumption is all
the other way
Al the conference with Mr.. Polk
his afternoon the company was repre-
senred by John Hannah secretary t.
senator iaFollette OF Wisconsin and
/ Walter $. Field, local attorney. In
the case Of the Ct*nesNee they told the
counsellor the company ls advised
! that yesterday afternoon the crown
& council at ST Lucia went before the
prize court then sitting as an al
rf4rs}ty eottrf, and without reference
10 the prize court proceedings under
: Wy 10 determine the ownership ~ the
vessel offered bonds To the amount Of
: $4,000 pounds sterling TO cover the
i value of the ship in case the prize
I'1rt proceedings showed that she vas
not enemy owned With this, 1t was
| stated, the court granted the order Of
reanisiuen and the crown council
then moved to have tho prize court
proceedings transferred to I1ondon
/ The American crew wss then ordered
off the ship and placed in care of the
nerican consul. the captain aud flrs,
mate. however, being arrested as ma,
/ terial witnesses in the prize court
proceedings. Tho company IL not adj
/ yised as 10 the disposition ~ tho cargo
OF coal which was owned by Swift &.
Co. the Chicago packers. and which
was being unloaded at the time tho
| 'essel was commanhsred Officials of
the company. said Mr.. Hannah, nnder-
stand that the British authorities In
tend to reQuisftion that also.
No Bond Deferred.
1 In the case OF the Hooking tho
! companys representatives told Mr.,
/ Polk the vessel WIS comma ndeared
without any bond being offered. Az
| III the case OF the Genessee the cap
4 tain and frat officer were held as wit
| 1esses In the prize court, but the crew
Sas not taken Off at once Instead
| they were warned 10 he ready to leave
the ship in forty~etght hours Accord.
* TO Mr.. Hannah and Mr.. Field the
only ground which appears to have
I Aeen given for the action in bot h cases
was that the British government need.
! I'd the ships, the question of owner.
ship being left III allegiance pending q
| ieciston of the prize court. and both
| contended that by this action the
British government not only has zone
contrary To all international law IL
Communicating a vessel before she
mas been condemned as a prize. hut
that the admiralty courts went direct
| ~ contrary to n previous ruling They
stated tina this was made possible Ivy
change OF rules on the part OF the
| British government adopted since last
May. Last March, they stated when a
similar effort was made to com.
mandeer the steamer Antares Sir
samuel Evans, hea dof the main adj
miraity court IN London. overruled the
action. holding that q ship could not
| be comma ndeered until condemned
and opportunity given her owners TO
appeal. The Antsres was %nr-
~es1sn ship carrying contra band cop
per when seized. Following the rul-
ing OF Sir Samuel she was released.
Mr Field declared that While in the
opinion OF the company the bond Of
$4,000 pounds sterling offered on the
tennessee would not cover half the
value OF the ship plain at this. time.
when. regardless of prices offered ship
builders. It Is impossible to replace a
vessel unde ra years time The
Genessee had tonnage of $500. IN
! the case of the Hooking the order OF
reduisition was issued subject to &
substantial appraisement