New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-02-03
Treaty of 1899 Held to
Determine Possession
of Liner.
BRITISH DEMAND
VESSELS RELEASE
Officials Doubt Escape OF Raider
Moewe from the Kiel
Canal.
From The rrfbums Bureau.


German government. pending prize
court proceedings. and will permit II 70
remain In Al American port during the
Measure Of the German government
This decision followed the receipt OF a
communication from Ambassador Won
Bernstorf declaring that such dispoS'-
ton should be made OF 1t.
The ambassador called Secretary
Lansing's attention to the treaty OF
17oo between the United states ana
Prussia. the nineteenth article OF which
reads:
oThe vessels Of war, public and pri-
vate Of both parties shall carry freely
whoresoever they please the vessels
and effects taken from their enemies
without being obliged to pay any du-
ties. charges or fees 20 officers OF al
miralty. of the customs, OF any other''
nor shall such prizes be arrested
searched or put under legal process
when they come TO or enter the ports
Of the other party. but may freely oe
carried out again AZ any time by their
captors TO the places expressed IN their
commissions, which the commanding OIL
ncers % such vessels shall be obliged
to show"
A provision excepting British prizes
was annulled by the treaty OF 1873
The ambassador sent this communi-
cation to Secretary Lansing after he
had been advised BY Lieutenant Berge
lint the vessel was prize brought
.nto Norfolk under the provisions OF
the treaty.
british Ambassador Demands Ship.
Sir Cecil spring-Rlce, tho British
Ambassador. asked that the ship be
returned 20 her British owners ms
prizs recovered under the Hague Con-
vention.
The Hague Convention, under Article
q. provides for the interment OF the
c,e,v and the surrender OF the ship
bu. State Department officials are
aoub.ful that 20 can be applied to the
casa OF the Appam. first. because the
Prussian-American treaty Is bclieVen
10 be- binding, and. second, because
Creat Britain signed but never ratl-
God ,bis particular Hague Convention.
Until the status Of the ship ~ de
cided abe will remain in the custody or
! Torfolk customs authorities. and II
turned over 10 Germany may ne kept
in mort or sen. TO sea as the German
government chooses -.
II WAS regarded as Significant mat
neither the British nor the Gerhiai au-
thorities contended that the AppaH,
naval auxiliary Thus the United
s,atos Ia relieved of deciding a CUES
ion which officials feared would De
ono one Of the most troublesome COM
rioyi.ies OF the war AS both govern
rnents concedo she Ia a prize, nothing
remains 10 be decided except her as
The state Department also advised
the Treagury Department to-day 70
hermit the consuls at Norfolk 30 vlslt
heir nationals on board the Appam'
and 20 release all on board except the
rr;,e crew and others who may have
assisted In bringing her TO American
Eaters. This action will be taken IN
consultation with the immigration Au-
thorities. II is understood tnat mem
hers Of the British crew OF ire NppaW
who were compelled TO assist IN haNl-
eating her viii not be held.
British Soldiers on Board.
Ambassador Won Bernstorf has been
informed by Lieutenant Berge maj
( there are on board the Appam several
British soldiers, and an interesting
question has arisen as TO their = atus
IN German quarters il is thought they
ougbt 70 be informed, but officials Of
/ tbe State Department arc inclined 70
believe that they are prisoners, ana as
such must be released when they touch
neutral territory. The men are salu 20
/ have been on the Appam when cap
tured.
II was indicated at the German En-
bassy that the question Of whether the
/ United States should be asked 10 IN
tern the military transport until the
end of the war was being considered
II was also said that Count Won Bern.
storff had advised his government OF
/ the circum stances surrounding the ar
rival of the Appam and was awaiting
complete instructions before proceed
ing further.
British officials here scout the theory
that the raider Moewe slipped through
the Kiel Canal under Swedish colors
and got out into the Atlantic. They
\ have u theory she is a German mer-
chairman which got out Of an Azores
port nearly year ago and has been
missing since. They have no theory as
10 how she got the armament
Collector HsmltOn's report. which
was placed before the neutrality board
to-day. says Lieutenant Bergo. made no
request for time 90 make repairs or foI
any coal or provisions beyond such
food as Is necessary for the crew and
prisoners aboard for short time
/ One of the most interesting features
/ Of Collector IIamiltons report is that
he does not now believe that the Appam
was captured by the German merchant
man Aloewc. lie thinks that some
other armed merchant ship, probably
/ little larger and faster than the Moewe
made the capture ana sank the seven
merchantmen of the West African
coast lie reported that Lieutenant
Bcrge would not reveal the name Of the
ship. but It was clear that a submarine
was not responsible for the captures
Mr.. Hamilton's report did not confirm
or deny the report that the commerce
raider escaped by way Of the Kiel Canal
and through the British feet.
-s-
AUSTRIANS EXPEL u. s.
CONSUL FROM SERBIA