Newark evening star and Newark advertiser., 1915-06-29
JUDGE DELAYS
RULING ON THE
KA|SER'S ED|CT
Question Whether Steamship
Company Should Pay Bill
Before End of War.

Shall the United States courts up
hold the German emperor's edict that
no German shall pay debts due Eng
lishmen or shall the courts consider
the edict to have no bearing upon
suits brought in this country? This
perplexlng question. which brought
in neutrality and other international
complications, was presented TO
Judge Thomas G. Haight in the New
ark branch of the United States Dis
trict Court yesterday afternoon In
an admiralty suit. No decision was
given, as the matter was taken under
advisement.
Harland & Wolff, Ltd, of Belfast,
Ireland, are suing the North German
Lloyd Company for s75, $50 for repairs
made to the Kaiser Wilhelm H., of
that line, six months before the war
between England and Germany be-
gan. The ship is now interned at
Hoboken pending the outcome of the
libel brought by the English ship
builders.
Roscoe H. Hupper, of New York
city, representing the English faction,
insisted 1t was a breach OF neutrality
for our courts to sustain the kaiser $
contracted with Englishmen.
This proclamatio of the. German
emperor is only war measure" saiC
Hupper at is designed to weaken
Germanys enemy. 1t is brutal
penal measure, which the courts OF
our country should be the last tc up
hold Political reasons alone inspire
this edict of non-payment.
Against Our Policy.
1.-THE ship complained of has not
been in Germany since war was de-
clared. 1 should say our courts will
refuse to enforce such a penal meas
ure as the German government has
seen fit to impose. 1t should not he
upheld by us on general principles
and because 1t Is against our pubhc
policy"
"Iow are we to do justice In this
case If we do anything about it,
inquired Judge Haight. ITO enter q
decree for the damages asked would
be the same as compelling a German
to do something which his country
forbids him to do under the pain OF
treason"
Walter C. Noyes, of New York city,
representing the German steamship
line, urged the judge not to do any
thing with sthe case at this time. To
enter a judgment would mean an ae-
ton by this country which would vio-
late President Wilson's neutrality
proclamation, he added.
Counsel for the ship builders then
proposed to enter an interlocutory
decree, II the evidence so warranted,
in favor of the complainant, the final
decree not to be entered until after
the war had been ended. This sug-
lnn NIL
side.
Judge Haight decided to take the
matter under advisement and consult
Judge Rellstab, senior Judge in this
dlswiet.
Suit Only Security Of Claim.
"If the court dismisses our libel"
argued Hupper, I'VE will have no Sc
curity for our claim. 1t is true the
ship is worth s4,000,O00 and our claim
is only $4,000, but if the libel is
lifted and the captain chooses to run
out of the harbor with the Kaiser
Wilhelm, where will we stand?
"The English cruisers won't be
asleep IL the ship does leave the har-
Dor and the probabilities are that our
security will land in the bottom Of the
sea- No harm will be done If 1t Is
agreed payment should not be made
to us until after. the war;
Judge Haights refused to shoulder
the responsibility, which the tangled
question involved.
'The best thing to do when any
decision that will bring complications
Is to get out the back door" said the
judge, laughing.
The court assured counsel a deci-
sion will be made soon after the con-
ference with Judge Rellstab is held.
He intimated his decision would be
against the ship builders, as he re-
marked an appeal could be taken TO
see If undue use of the courts discre-
tiOn had heen made