South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-11-06
GOVERNMENT HAS
NO JURISDICTION
Not in Position to Investigate
Every Transfer, Says
SeC'y Lansing.

WASHINGTON. Nov. 6.-The views
OF Sec'y OF State Lansing on the seiz-
ure OF American ships by belligerents
and the attitude OF the United States
government IN such cases were OBJ
tanned Friday.
Sec'y Lansing said:
When a vessel is transferred to
American registry during the war, the
bona fides OF the transfer is always
liable 10 be questioned by a belliger-
ent.
United States officials are not call
ed upon TO go back Of the statements
made by the applicants for registry
10 determine whether the transfer Is
bona fide. They examine the state
ments made by the applicants. ascer-
tain that they comply with the law
and then issue registry TO the vessel.
They have no option in the matter.
1T would be impossible for this
government 70 run down every state
ment made by the applicants 70 de-
termine If they are true. / must ac-
cept them. To do otherwise would
require the efforts Of more investi-
gators than it has at its disposal.
Would Make L. 5. Guarantee.
Furthermore, il would mean that
the United States became the Euaran-
and this il could not undertake TO do.
The practice Of the government in
this respect is in accordance with the
rule that has always existed.
The situation is entirely different
IN the case of an out and out Amer
lean vessel, or one which was trans
ferred TO American registry before
the war In such a case there could
be no more doubt OF the nationality
OF the vessel. and if it were seized.
this government would make prompt
and vigorous diplomatic representa-
tiOns.
The state department at present
has no official knowledge Of the cir
cumstances Of the Hooking case or
the reasons why the vessel was
seized"
The position Of the government is
that in case of owners or those who
have chartered vessels such as the
Hooking, relief can be held only in
the prize court. If the owners can
prove the validity of the transfer.
they are entitled to damages The
damages would not necessarily be
limited to demurrage. They would
depend upon the circumstances Of the
case.
In this connection the statement
was made by one official FIR ,ay that
all cases of seizures by the warships
of the allies would have 10 proceed
in the old channels unless higher
authority meaning congress, invest
ed American com serce vita more
specific rights than it seems now TO
possess. and gave the state depart
ment power it does not now have.
Senator Duncan L. Fletcher Of
Florida, chairman of the commerce
committee OF the senate which put
through the bill of 1914 authorizing
American registry for foreign built
ships. said Friday night that the state
department should take immediate
and decisive action to protect all for
eign built ships under American reg
istry and that If such action is not
taken congress can be counted upon
TO demand it.
Send for Records.
Anticipating the claims that would
be advanced by the British govern
ment IN support of its contention that
the American transatlantic company.
which owns the Hooking and Winnie
come. is financed in the main with
German capital the state department
Friday sent to the department Of COM
merce for the record in the cases of
the ten vessels purchased by that cor
poration. 1t is a very voluminOus
record. The bills of sale show that
the vessels are owned by an American
corporation controlled by Americans
Afhdavits accompanying them assert
that no foreign capital is invested and
that the sale was bona fide with the
intention OF restoring the ships to
their previous owners after the war
is ended
The government las not replied to