The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1916-02-03
ARRIVAL OF VESSEL is
CAUSE OF A DISCUSSION
Announced That a Statement
From Captain Berg Covering
the Case Is Now on Its Way
to the Capital.

WAof1lNGION, req. Z.-AmoIlcIn
government officials were conrefring
today over the complex situation grow
ing out of the unexpected arrival of
the British passenger liner Appam in
Hampton Roads under the guard Of
a German prize crew.
The first points to be determined
was the status of the liner. whether
she is converted auxiliary cruise: Of
the German navy or a German sea
prize.
If the Appam is found to be man
of war, Lieut.. Hans Berg, commando"
of the German prize crew, will have
the option Of interning his crcM- and
ship or putting to sea to run the coz
don of British cruisers outside.
Should the Appam be declared a
prize the United States government
will face one of the most novel phases
of its neutrality that has arisen since
the beginning of the European WI.
There is much confusion in the G"cl-
ties and provisions of international
law on the subject OF prizes. One
theory is that title to a captured Sip
does not pass until prize court las
acted. The commonly accepted
American naval view is that tile
passes Immediately after the captgre
is made. If the latetr opinion is &C
cepted and there were no new de-
velopments officials would act under
Article 81 of The Hague convection.
This would involve notice to
Lieut.. Berge to leave Hampton Roads
as soon as he could provision his
ship and make her seaworthy Fail
ure to quit would oblige the port au-
crew and turn the ship over to the
nearest British consul.
A written declaration. made by
Lieut.. Berge to Collector Hamilton of
the port Of Norfolk, was on its way
to Washington today. 1t was ex-
pected to clear up conflicting state
ments regarding the claim of the Ger
man commander Press reports from
Norfolk stated that Lieut.. Berg de-
clares his ship to be a prize. An ar
ticle of The Hague convention pro-
vides that the captor may bring a
cptured vessel into a neutral port to
be "sequestered pending the decision
of a prize court" The United States
has declined to accept this article,
claiming that ports of this country
could actually be made the base of
operations by one belligerent against
another.
Another report from Norfolk was
that Lieut. Berg declared to Collect
or Hamilton that the Appam is now
a German auxiliary cruiser This in
jects another element into the prob
lem-the right of commanding Off
Ger of prize to change the character
of a ship while on the high seas
from merchantmen to a war vessel.
Before any of these questions are
decided, however, the ships passen-
gers will be released and their dis
position passed upon by immigration
authorities.
Prisoners of war aboard will be re-
leased for international law does not
permit the holding of war prisoners
in neutral country.
State department officials indicated
today that if the Appam is finally
held to be a prize, the Prussian-
American treaty of 1928 is more like
ly to govern the case than is The
Hague convention. This would mean
that the Appam would be turned over
10 her German captors, and in that
case some German officials expressed
the viey that the prize crew, rather
than let her fall back into the hands
of the British, as would seem inev
liable if she left port might take the
ship to the three-mile limit and sink
her.
= In case she is held to have become
German fleet auxiliary she will have
the choice of leaving port after Ger
tain time for supplies or repairs OF
interning for the war, as have the
Prince EiteI Friedrich and the Kron
prinz Wilhelm.
The original Prussian-Americar
treaty of 1899 provided:
THE vessels of war, public ano
private of both parties, shall carry
freely wheresoever they please, the