New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-02-02
APPAM'S STATUS
PUZZLES LANSING
Intricate Law Questions
Raised by Liners
Capture.
SEIZURES LEGALITY
ALSO IN DOUBT
Hague Rules Do Not Apply
Cruiser Vessel Likely To
Be informed.


puzzled as TO what disposition Is 10 be
made Of the captured British steamer
Appsm. brought into Norfolk by a
German crew to-day. Secretary Ian
sing had not received suffcien: IN
formation concerning the vcsse' and
the circumstances Of the capture -
pass on its status tonight.
Interesting and intricate questions
Of international law are raised, and
the State Department will make a thor
ouch study Of the case before deier-
mining its action.
The first question TO be decided IS
whetho- the Appam was a public or
private ship before she was captured.
In the case of the British vessel Farm
a German prize informed at San Juan,
Porto Rico, = year ago, the state De
partmcnt ruled that as the Farm,
though merchantmen. had instruc-
tions 10 supply British warships with
fuel on the way TO her destination
she was in effect a public ship. and
was therefore liable 10 capture and
possession without prize court proceed
ings. For this reason il WAS held tnat
she was legitimate German property,
and having been employed ms a German
fleet tender after capture. was subject
TO internment as a vessel of war
Farm Case No Precedent.
Mr.. Lansing, then counsellor Of the
State Department under Secretary Bry-
an, wrote on March -, 1915, TO Am
bassador Spring-Ricc. who had con-
tended that the Farm, not having been
condemned by prize court, was still
British property:
an the opinion of this government
an enemy vessel which mas been capt
ured by a belligerent cruiser becomes
a. between the two governments the
property OF the captor, withou, the
intervention Of prize court. !, no
prize court is available, this govern
ment does not understand that IL Is
the duty OF the ceptor 20 release his
prize or 10 refuse 20 impress her INTO
his service. On the contrary. the
captor would be remiss in his duty TO
his government and 10 the efficiency OF
its belligerent operations II he re-
leased an enemy vessel because he
could not take her in for adJudica-
ton"
officials Of the State Department sad
to-day that this opinion would apply
TO The Appam only # she we're iOurd
10 have been a public ship before capt.
ure. II private vessel, her status ~ II
denend largely on whether she IS 10 be
regarded now as merely a prize OF war
or -, converted German cruiser
The Hague convention covering the
entry Of prizes into neutral ports mas
not been ratified by all the belhgerent
powers. and il cannot, therefore, be
invoked. II is possible. however, tnat
Secretary Lansing will ind ITS Prov
sions in general agreement with inter
national precedent.
In case the Appam IS declared a prize
this government would be empowered
either 10 compel It's departure within
twenty-four hours or 70 sequestrate H.
pending prize court decision. II is
F.
ence of British war vessels IN the
vicinity. that the former course would
be chosen.
Question of Ownership knotty.
II the Appam is considered as an
auxiliary German cruiser, she viii be
interned for the war. as were the PrlnZ
Fitel Friedrich and the kronprinz VII
helm. unless she decides to take the
risk Of putting 10 sea after reason
able time for repairs and provisioning.
Underlying all these hypothesis, how
ever, is the question Of ownership, and
the state Department refuses TO hazard
guess as 10 whose property the
Appam is. Il may be, officials say. that
international law will be found TO treat
her as British property, owing TO the
fact that she has effectively passed
from the hands Of the German govern
ment without being condemned as a
prize.
Objections 10 such ruling are found
i'm the acknowledged principle that capt
ured enemy vessels may be sunk on the
high seas without waiting for prize
court condemnation, provided the char
acter Of the vessels as good prizes IS
evident. and there is no possibility Of
taking them into home port. If the
German captors had the right TO sink
the Appam without condemnation, II is
argued that they were entitled 10 take
her into a neutral port for seouestra-
ton.
The disposition Of me passengers,
crew ind prisoners also presents diff
culties for the government If the ship
is interned. the German crew will also
have to submit TO internment. In case
of scquestration, however, the Germans
viii go free. In any case, i is thought,
the prisoners and non-combatants will
be set free or deported as the immi-
grafton authorities may rule.