Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-15
W|LHELM|NA NO
LONGER NEEDED
As TEST. CASE
Of Cargo Arranged
for by British Government;
Owners of Vessel Charge
able With Demunage.

washington, April l.-Apparent-
ly the only losers by the prolonged
detention of the American food ship
Wilhelmina with her cargo at Fall
mouth. England. will be the owners
of the ship and the loss will be the
amount of the demurrage charges.
The British government has taken
the ground that the Wilhelmna was
free to sail at any moment after she
had arrived at Falmouth, February
.. last If she cared to discharge her
cargo of foodstuffs, which the cap
tain declined to do. The British gov
ernmonl's action in the case is dis
closed in the following communica-
ton to the American embassy in
London by Sir Edward Grey, the
British foreign minister:
IN ,tlsh Governments View.
His majesty's government share
the desire OF the United States gov
einment for the immediate settle
ment of the case of the Wilhelmina.
This ship, laden with foodstuf1s left
New York for Hamburg on January
I22. She called at Falmouth of her
own accord on February o, ana her
cargo was detained as prize on Febru-
AIRY H. The writ instituting prize
court proceedings was issued on Feb
ruaIy ~, and claimed that the car
go should be condemned as contra
band Of. war. No proceedings were
taken OF even threatened against
the ship herself and, in theory, the
cargo should have been unloaded
when seized, so that the ship would
he free TO leave. The owners of the
cargo, however. have throughout,
objected TO the discharge of the car
90 and il Is because of this objection
that the ship is still at Falmouth
with the cargo aboard.
Would indemnify Owners.
Ellis majesty's government have
formally undertaken that even if the
condemnation of the cargo as con-
traband be seized in the prize court
they would none the less compensate
the owners for any loss sustained in
consequence of the ship having been
stopped and proceedings taken against
the cargo.
st was understood at the time the
proceedings in the prize court would
be in the nature of test case, the
decision Of which would govern the
treatment OF any subsequent ship
ments of foodstuffs to Germany in
similar circumstances. Since then,
however the situation has been ma
terially changed by the issues of the
order in council, of March II, 1915,
land the measures taken hereunder
which prevent further supplies be-
ing sent from America to Germany,
whether contraband or not.
No Case Now Remains.
"In these circumstances there is no
longer any obpect in continuing the
proceedings in the case of the Will
helmina. 1t cannot longer serve as a
case and II is really agreed that the
owners of the cargo. even If proved
to have no claim, are to be treated
as if their claim were good. Nothing,
therefore, remains but to settle the
claim on proper and just conditions,
and this would, in the opinion of his
majestys government be secured
most expeditiously with the least in
convenience to all parties by an
agreement between the crown and
the claimants for the disposal of the
whole matter.
His majesty's government accord
ingly, proposed that such an agree
ment be arrived at on the following
terms:
Terms of Settlement.
His maJesty's government nav
ing undertaken to compensate the
claimants by paying for the cargo
seized on the basis of the loss of the
profit the claimants would have been
ii the ship had proceeded in due
course to Hamburg and by indemni-
flying them for the delay caused to
the ship so far as this delay has been
due to the action of the British au-
thorities, all proceedings in the prize
court, shall be stayed in the under
standing that his majesty's govern
ment, buy the cargo from the claim
ant on the above terms. The cargo
shall be discharged and delivered to
the proper officers of the crown
forthwith. The sum to be paid
shall be assessed by a single referee
nominated Jointly by the ambassador
of the United States of America and
his majesty's principal secretary of
state for foreign affairs who shall
certify the total amount after max
ing such inquiries as he may think
fit, but without formal hearing or in
quiry.'
Ellis majesty's government would
be grateful if the United States am
bassador would inform the claimants
of the above proposal at his earliest
convenience and obtain their accept
lance."