New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-14
IMPORTERS WAY
TIE UP PROCEEDS
OF ALLIES LOAN
Threaten Suit to Force
Britain to Release De-
tanned CargOeS.
WILL BE USELESS,
SAYS LORD READING
Action by British Embassy
Opens Way for Large Ship
ments OF German Goods.
fFron u Tribune Bureaul

IlGIAN vi oOVho'
fFron tt Tribune Bureaul
Washington, Oct. 13.-Suit against
the British and French governments
and attachment Of the proceeds OF the
$500, 600 Anglo-French loan are con-
tempated by American importing firms
as a fresh move TO force the release of
goods held up by the British blockade.
The importers assert that they will lose
many millions because of the failure
OF Great Britain and France 70 release
their csrgoes Of German goods in time
for the Christmas trade.
Baron Reading, Lord Chief Justice of
England, said at the British Embassy
tonight that no such suit would have
the slightest effect on the loan, or
would hold up for long time the pro-
ceeds of the loan.
"Under the English law" Lord Read
ing said, 1T is not possible to restrain
funds in bringing a suit. so that 1T
would not he possible for the importers
bringing such suit, if it should be tried
under the English law, to tie up the
funds resulting from the sale Of the
bonds.
"Such a suit, however, could not have
the slightest possible shadow of an in
fuence on the floating Of the loan. Ger
tainly not. if the suit had to be brought
under the English law. as | understand
would be the case.
"The importers could file their suits
in court in England. if they so desired,
and press them to decision there, but
such suits would not have a particle
of effect on the government raising
money by the sale OF bonds
Could Attach Loan.
Assistant Attorney General Warren,
Of the Department of Justice, SAID to-
night that while he had had no oppor-
tunity to look into the case, II was ms
opinion, informally. that there would
be no trouble about attaching the pro-
ceeds on filing of the case, but tnat IL
was likely that a demurrer could De
entertained ~ once. .,
"I am under the impression" SAID
Mr.. Warren, that such case, even II
brought in an American court, would
have to be tried under English law. IL
would probably, if brought against
England alone, be bill In equity IN
stead of a suit at law, for the purpose
of attaching Great Britain's interest in
the funds resulting from the sale OF
bonds. While the attachment on the
funds would be issued on the tlling OF
the bill. the other side could at once
present demurrer, which might read
ily be agreed to by the court, throwing
the case out on the ground that an IN
dividual or corporation cannot sue a
sovereign state without its consent
Other lawyers are more hopeful that
such a suit would hold. They declare
that since under the British law on
Individual can sue the government, the
case could be brought 10 trial. AS TO
the prohibition against restraining
funds, they declare that, if 1t were
found TO hold, the same end would be
attained by simply placing the attach-
ment on the goods bought here by the
British and French governments.
The British Embassy is passing Oh
the application of importers for the
release of their cargoes, but in two
weeks has given permission in only
eight of more than 700 cases. Import
ers say that unless the goods are
shipped before November l they viii
be worthless, as hey are mostly for
the holiday trade.
Importers Must Pay.
According to their contracts with the
- 81
the importers say, they are obliged 20
nav for the goods, whether they receive
them or not In many cases importing
firms have property a Germany whicn
is liable 10 attachment.
Attorneys representing some OF the
importers declare that the plan to at
tach the Anglo-French loan is perfectly
feasible. The United States govern
ment has contended throughout the
controversy with Great Britain that tho
Orders in Council under which the
goods have been detained are Illegal,
and the importers say their plan VIII
give an excellent opportunity 10 test
the matter.
Great Britain already has announced
notifications In the Orders in Council
permitting goods contracted for prior
10 March / TO be shipped. This rule
APPLIES not only 20 goods now detained
I'm neutral countries, but 10 articles no.
yet shipped from Germany and Austria
The embassy, however, contrary to
the hopes Of the foreign trade advisers
of the State Departme-., has not been
authorized TO pass shipments withor:
confirmation of the order from London,
and therefore the work is very slow.
Cargoes awaiting release az Rotterdam
alone are valued at more than $780,
100000. Those at other neutral ports
amount 10 about the SINE sum.
The extension of the release order %
goods still in Germany brings the grand
total close 70 81 600.