Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-01
OWNERS Of APPAM
MAY GET SHIP BACK
Legal Procedure Definite if
Vessel Is Merely Seized
Merchantmen.
SERIOUS TASK TO FIX
STATUS OF STEAMER
Liners Capture Without Loss Of
Life Strengthens U. S. Position
in U-Boat Warfare Controversy.

Perplexing questions of inter-
national law may arise from the
arrival of the Appam in Hampton
roads today.
First, the United States must
determine whether the ship SIM
ply is a prize of war or whether
she has been supplied with any
armament which would give her
the character of an auxiliary
cruiser. So far as naval author
tiles here know no case exactly
like it has arisen to concern the
United States since the beginning
OF the war. The German ships
Kronprinz Wilhelm and the
Prince Eitel Friedrich, which
took refuge in Hampton roads
early in the war, were auxiliary
cruisers and now are interned as
such.
Hague Convention Provisions.
The Hague convention provides:
"A prize may only be brought into a
| neutral port on account of unseaworth-
mess. stress of weather or want Of
fuel or provisions.
/ 1T must leave as soon as the cir
cumstances which justify its entry are
at an end. II it does not, the neutral
power must order it to leave at once;
should it fail to obey. the neutral
power must employ the means at it's
disposal to release it with it's officers
In case the Appam can be considered
as an auxiliary cruiser she is entitled
under international law to certain
length Of time to make any necessary
repairs and load enough coal and pro-
visions to carry her to the nearest
home port.
May Be Returned to Owners.
In any event. officials here regard it
as a foregone conclusion that the
Appam will remain in Hampton roads
until the end of the war British
cruisers. patrolling the Atlantic lanes
of commerce, probably already advised
of the arrival of the .Appam, will be
steaming for the Virginia capes to
guard the entrance outside the three
mile limit AS merchant ship she
could remain voluntarily in port. and
the only question for the United States
to determine would be the disposition
of her German prize crew and the pris-
oners of war which the ship carries
hat
pam still has the character of a mer-
chantman and her prize crew does not
elect to take the risk of running the
gantlet of British cruisers outside. the
customs collector will take charge of
her and after probably interning her
prize crew would return the ship to
her owners.
Strengthens Position of q. s.
The exploit of the German commander
| in placing a crew from a submarine
| aboard merchant ship and sailing her
into port without loss of life of mas.
: : sengers or crew may have a bearing on
the submarine controversy between the
! United States and Germany. Some ~
ficials were inclined to regard the feat
as added evidence to support the con-
tention of the United States that even
under modern conditions of naval war
fare a submarine can capture A shin
without loss of life
The supreme Court in a decision an
| nounced in 1902, which may bear on the
disposition of the Appam held:
Until condemnation captors acouire
no absolute right of property in a Drjze
and 1t is for the government
to determine when the public interests
require different destination"
A provision of the American naval
war code. which is held applicab BILE to
the Appam case, says:
THE principles that enemy goods and
| ships are liable to seizure being at
present admitted. there can be little
! objection raised to placing the national
/ flag of the capturing vessel over a
| seized vessel belonging to n belliper-
ent. 1t does pass in good prize 20 the
state of the captor upon capture, If
| is brought in for adjudication"
Many Legal Difficulties.
! Ofhcials here attach Importance to
the question of whether the Appa m
was in the service of the British gov.
ernment or was operating as a private.
ly owned and controlled merchant yes.
| sci. In case 1t was in the governmental
service, they said. the vessel upon can
ture by an enemy would become the
enemy's legal property. and would he
| treated by a neutral as Il man-of-war
| Secretary Lansing said the Appam
case would involve considerable inyes-
| tigation before any action by this
government was taken There was
nothing to do. he said, until the valid
! ity OF the capture was determined
Inasmuch as the Appam is the FIRST
case since the beginning of the pres
ent war where a prize had been
brought into an American port, OFF,
| cisls said there would be a careful
study of the subject In all phases, 20
that when a decision 10 reached It may
be used as precedent. Il