Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-07-30
PRIZE SHIP APPAM
MUST Be RETURNED
T0BR|T|SH OWNERS
Decision of Federal Court
Adverse to Germans
on Every Point.
CAPTORS HAVE LOST ALL
LEGAL CLAIM TO VESSEL
Waddill Holds Prussian-Ameri-
can Treaty Does Not Apply
in This Case.
To TAKE APPEAL WEDNESDAY
Government Confronted Now With
Disposition of Lieutenant
Berg and Grew.
CAPTORS HAVE LOST ALL
LEGAL CLAIM TO VESSEL
ro TAKE APPEAL WEDNESDAY
government Confronted Now With
Disposition of Lieutenant
Berg and Grew.

"'hfoLk, VA, July 2e-posscssion
OF tn" British liner Appam. brought
INTO Hampton Roads last February bv
German prizc crew. was awarded to-
oaF 10 nor English owners, the African
steam Navigation Company, by Judge
Waddill. OF the Federal District Court
An appeal viii be taken when the on
Por'uhity is given next Wednesday. and
INC hnal decision in the libel proceed
1hSs probably will be given by the Su
premc Court OF tho United states.
ia thc meantime, the Appam will s,av
~ N"Wp"it News in the custody of the
united states marshal. or viii be
q" neH over 20 her owners under bond
her cargo has been sold for. s634 900
ana IN" money is being held by the
court
What is TO become Of I.icutcnan,
Berg. the prize commander. and his
crew Of twcnty-two mon must he do
;ermincd by tho state Department at
Washington. They have been living
aboard the ApDam, claiming her as the
L.
but the general belief here is that they
no" VIII 70" in,crned along with the
men OF the German raiders laid up
here.
Untl next Wednesday. at least. when
motions in the case will he heard the
crew OF tho Appam will not be dis
turbcd. Deputy Marshal j. T. West.
who is in charge Of the vessel, said to-
night
There is no possibility of the crew
making away with the ship or sinking
her 10 prevent her return to the British
owners he thinks. Watchmcn are
aboard at all times. the crew is too
small TO move the vessel more than
short distance. and only enough coal
Is permitted on board the ship to keep
her lights and donkey cnpin. going.
LOST STATUS As PRIZE nI
ENTERING 4. =. WATERS
Judge Waddilrs decision given after
months Of consideration. held that the
Appam lost her status as prize when
she entered American territorial waters
10 remain Indefinitely. He rejected the
German contention that the Prussian-
American treaty OF 1893 permitted Ger
man prizes 10 he laid up in American
waters. and held that prizes could be
brought in only by war vessel acting
AS convoy, and then only for the tenn
porary causes recognized by intcrna-
uonal law. An opinion given by See
retary Lansing 20 the German ambas-
sador 10 the same effect was quoted
at length by the court.
y decision hy a German prize court
that the Appam was q lawful prize was
held 10 be without effect upon proceed
ings OF the courts OF the United States.
The same German court recently ad-
judged prize money. some $4,000 in
gold. taken from the Appam when she
was captured off the coast OF Spain by
the raider Mocwe.
Following the lengthy opinion Of
thirty-two typcwritten pages is the
following conclusion of the court:
The courts conclusion is that the
manner of bringing the Appam into
the waters of the United States, as we'll
as her presence in those waters. con-
stitutes violation of the neutrality
of the United States; that she came in
without bidding or permission; that she
is here in violation OF law; that she is
unable to leave for lack OF crew.
which she cannot provide or augment
without further violation of neutrality;
that in her present condition she is
without n lawful right to he and re-
main in these waters; that she, as he
tween her captors and owners, TO all
practical intents and purposes, must
be treated as abandoned and stranded
upon our shores: that her owners are
entitled TO restitution of their property,
which this court should award, irrespec-
tive OF the prize court proceedings Of
the court OF the imperial government
of the German empire, and it will be
so ordered"
The appeal to the Supreme Court Of
the United States will be noted by
counsel for the German government
next Wednesday at noon, when the
court will sit for the purpose of hear
ing the motion of counsel for the Brit
ish government in regard to bonding
the vessel.
AS soon as the details of the bond
can be completed, the British owners
will have u right TO take possession
of the ship. and continue 10 operate
her. just as would be done in any
Admiralty action between individuals.
WILL. BE TAKEN OVER
AS SOON AS POSSIBLE
1t is expected that the vessel will
be manned and operated by the British
owners as soon as possible. as, with
the present high ocean freight rates,
her time is worth between $4,000 and
S75, 600 month";
The s634.000 In the hands OF the
court, the proceeds of the sale of the
perlshahle portions of the Appam's
cargo. under the decision. also goes
to the lbeiants. The two libels were
CONTINUED on Eighth Page.)