The Washington times., 1916-02-03
ASKS j. S to- FREE
ENGLISH ON APPAM
Continued from First PageJ

OF State, Caleb. Cushing, held that
legal processes could. not be. brought
to obtain the release OF these men.
In his opinion. however. there was no
disucssion of the, diplomatic ques-
tions as to the right of the, Russians
to use neutral port as a detention
camp,
Apparently the German COMMANDER
by keeping the Britishefs on board the
Appam means to set up the claim that
the decks ana interior of the vessel. be-
ing German property, have all the
rights of German territory and may not
be invaded by the American authorities.
This again is a point that will perhaps
be questioned.
The British ambassador. it is said. is
inclined himself to regard the problem
Us an extremely delicate one from the
standpoint OF the United States ana
one which the United tSates has the
right to solve in accordance with its
own laws and precedents.
The neutrality board OF the State De-
partment has worked haI% on the ques-
tion, but a decision Is still to be given.
Formal announcement that the Ap-
pam is to be regarded as a lawful Ger
man prize, and Is to remain in the Gus
tody of the German captors pending
prize court adjudication Is expected to
be made by the State Department today.
Accompanying this announcement,
the State Department has definitely
indicated, will be declaration that
the case of the Appam will be dis
posed of under the Prussian treaty of
'1790. as amended by the later treaty
OF 1928, and not under The Hague
conventions.
a strcnk protest from the British
government is expected to follow this
British aniba ssadof, already has for
mally indicated to the State Depart-
ment his desire that the Appam case
should te disposed. of under article
21 of the 1907. Hague convention,
which would provide for the intern
ment of the prize crew and the re-
lease of the vessel to its British
owners.
Influenced By Envoy.
Decision to. recognize the Appam as
a prize and not as an auxiliary cruiser
was influenced by the fact that the
German ambassador formally notified
the State Department that it regards
the vessel as a prize. while the British
ambassador has not contested this
point. This relieves the State Depart
ment OF the necessity of passing on this
point.
The second question. and the one that
may lead to Diplomatic controversy re-
lates to what disposition is to be made
OF the vessel as a prize. The State De-
partment has taken the position that
article 23 of the 1907 Hagne convention.
which provides for seduestering the ves-
sci awaiting prize court adjudication.
and not article q. providing for It's sur
render unless it leaves port Immediately.
is one that would apply. The United
States has not. however, subscribed to
article %. and could not invoke it. Great
Britain has subscribed to neither.
This induced Offlcials to fail back on
the Prussian-American treaty. which
specifically stated that prizes of either
nation should be permitted to enter
ports of the other freely when one. OF
the nations was at war
Rolease of tho passengers and crews
aboard the Appam is expected today.
in conformity with orders issued by the
State Department. last night.
The German prize crew and the Ger
man. prisoners who aided the crew in
navigating the vessel through Ameri-
can waters, will be held on the vessel.
report to Count Won Bernstorff from
Lieutenant BeTEe, commanding the
prize crew, said he had aboard a troop
transport. If this proves to be Brit
ish military expedition, captured on the
nigh seas, the German ambassador says
he will ask the State Department TO
intern them.