Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-08-06

al and at the same time Dy munlclpal
law in the form of orders In council.
It finally comes to the case Of the
steamer Zamora in the present war, In
which the British court declared:
| THE nations Of the world need not
be apprehensive that orders in council
will emanate from the government Of
this country in such violation Of the
acknowledged laws Of nations that 1t
Is conceivable that our prize tribunals,
holding the law Of nations in rever-
ence, would feel called upon to disre-
gard and refuse obedience to the pro-
visions of such orders"
: Sir Edward then points out that the
legality Of the orders in council. or Of
the measures taken under them, have
not yet been brought to a decision in
a prize court, but he reminds the Unit
ed States that ut is open to any Unit
ed States citizen, whose claim Is be-
fore the prize court, to contend that
any order in council which may effect
his claims Is inconsistent with the
principles Of international law and Is
therefore not binding upon the court.
The prize court declines to accept his
contentious, and IT, after such a de-
cision has been upheld on appeal by
the judicial committee Of his majesty's
privy council, the government OF the
United States considers that there Is
serious ground for holding that the de-
cision is incorrect and infringes the
rights Of their citizens, it Is open to
them to claim that 1t should be sub
jected to review by an international
tribunal"
The celebrated Matamoros cases OF
the Civil war are cited to show that
the supreme court Of the United States
held it had the right to reverse the
decisions Of prize courts and that
there was no doubt Of the jurisdiction
Of an international tribunal to review
the decisions Of the prize courts Of the
United States, where the parties al
leging themselves aggrieved had pros
ecuted their appeals to the court OF
last resort"
II the United States should be dis
satisfied with decisions Of British
prize courts as sustained by the privy
council, the British government is pre-
pared to concert with the United States
"in order to decide upon the best way
of applying the principle to
the situation which would then have
arisen"
To the American note in the case
of the steamer Neches, which sum-
marily demanded the expeditions re-
lease of the American-owned goods
detained under the orders in council,
"the international invalidity Of which
the government Of the United States
regards plainly illustrated by the pres
ent instance" Great Britain replies
that while these acts of the German
government continue Csinking neu-
trail as we'll as British merchant ships
irrespective Of destination or origin Of
cargo and without proper regard for
safety Of passengers or crews), 1t
seems neither reasonable nor just that
his majesty's government should be
pressed to abandon the rights claimed
in the British note and to
allow goods from Germany to pass
freely through waters effectively pa
trolled by British ships Of war"
Great Britain offers, however, to
make a special examination in the
Neches case IL hardship has been in
flicted.
The British reply in short, Is
declination to allow free passage to
goods originating in Germany or in
a territory under German control.