New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-02-20
Deputy u. S. Marshal
Seizes Prize Ship-Ger-
mans Enter Protest.
LIBEL ACTION MAY
CLEAR MANY POINTS
British Attorneys Are Expected
to Develop Intricate Questions
of International Law.


the British owners of the liner Apphm'
in Hampton Roads as prize oi !"
German crew, have brought an al
miralty proceeding under the prize
laws to regain possession OF the snip
The State Department holds that uh-
der the Prussian american treaty 'he
liner belongs to Germany as prize
at least until a prize court passes on
the legality Of her capture Inc BIN
;sb Embassy had contended the snip
should be returned TO her owners IN
aor n provision OF the Hague Conven-
ton.
The libel suit is expected by S'a's
DEPARTMENT officials to result IN prize
court ruling that will clear away many
nerplexing features which have con-
fronted them in dealing with the case
With Germany asking that as prize
the Appam be allowed to remain indeh-
,itelv in American waters under the
pruss,en treaty Of 1923 and Great Brit
ain insisting that the liner. be restored
to her owners under the Hague Conven-
ton of 1907, department officials would
welcome a judgment by competent
tribunal. not only for guidance IN the
rrosen, case. but as precedent for the
future.
A.. D.veIo, Intricate Law Points.
Some exceedingly intricate points OF
international law are expected TO be
DEVELOPED by the British attorneys. For
instance. in support OF the demand for
release Of the Appam it may be claimed
that. even admitting the vitality OF the
Prussian treaty, because the Appam
was not actually brought into Hampton
Roads by a German warship as prize
its provisions do not apply 20 her.
Norfolk. Va. Feb. 19.-Federsl Judge
Waddill issued the usual libel process
to-day and the Appam was seized by
deputv United States marshal, who
went to Newport News on tug for the
purpose. Two guards from the ONCE
If tho United States District Court
were left in charge of the Appam.
Flovd Hughes, local counsel for the
libellants, said all information con
corning the case should come from MI
Coudert In New York, counsel for the
Appam's owners.
Papers in the action upon which the
AMMAN was seized were filed in the
United States District Court at Nor
folk February 16, but were withheld
from the public The owners ailege
that the said steamship IS wrongfully
withheld from the libellants by one
Hans Berg and other persons unknown
10 the libellants." They further allege
hat the Appam ION about the 10Th OF
January was unlawfully seized by cer.
tain persons unknown 70 the hDeilahV
and thereafter under compuislon
forced TO proceed with passengers
crew and cargo TO Hampton Roads
Deputy in Dispute with Lieut.. Berg.
When Deputy West and his party
reached the Appam the ladder was up,
The deputy directed that 1t be lowered
and the party went aboard.
Deputy West then stated his mission
and was taken to Lieutenant Berg 5
quarters. The latter at once OpJeCteu
TO the proceedings.
az I had known you were the United
States marshal" he said, 81 would not
have allowed you aboard"
The personal process was served, ana
the deputy then started TO tack the
usual libel notice on the mast OF the
vessel. The German commander OBJ
iected strenuously.
"The ship is in charge Of Collector
/ Hamilton" he said, land you have no
right here"
/ Lieutenant Berg then left the Appsm
/ hurriedly and went to Newport News
to telephone. When he returned Dep.
uty West had tackled on the mast OF
the ship the slip Of white paper which
certified that the Appam had been
seized by order Of the United States
District Court at Norfolk. Lieutenant
Berg directed his men 20 tear IT down.
Deputy West commanded him not
TO touch the notice, and it remained
on the mast.