Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-02-02
Authorities Are Uncerta
Whether Vessel Is Prize,
Auxiliary Cruiser or Tech
nically Plain Pirate,
PRISONERS ABOARD TO
BE PROMPTLY RELEASED
Vessel May Be Turned Back
to British Owners and Ger
man Crew May Be Interned
by j. S, Government,
lsY so.nlsa lou.r.. s,se,.l .r..rp wlnrl

decided whether the German COM
mander aboard the British steamer
EAppam brought the ship to an Amer
lean port as a prize of war or as a
converted auxiliary cruiser of the
German navy there will be no de-
termination of the American govern
ments course respecting the ship.
When certain formalties have been
compiled with the ships passengers,
Including several British colonial Of
fcials, will be released and the dis
position passed on by immigration au-
thorities Any prisoners of war will
be released, because international law
permits no holding Of war prisoners
in neutral contry.
The United States, then. finally, will
have to deal with the German crew
under Lieutenant Berge, as were the
crews of the Prnz Eitel Friedrich and
1.-THE Kronprinz Wilhelm. already in
termed at the Norfolk navy yard.
They. too, will be interned unless their
ship goes to sea to run the Gordon OF
British cruisers outside.
Novel Legal Question.
AS to the disposition of the Appam
herself, If she is held to be an auXil-
Iiary cruiser, her commander will have
the option of putting to sea after a
Icertain time to make repairs and take
provisions. If she is declared Il prize
The situation becomes more complex,
and in that event it is admitted that
the United States will have to deal
with probably the most novel ques-
tlon concerning its neutrality that has
arisen during the war
AS one of the first steps, the prob
Hem probably would he referred to tho
neutrality board which is an official
body whose function is merely ad-
visory
1t was pointed out at the state de"
partment that there is much confu-
sion in the treaties and provisions of
| international law on the subject of
prizes, the right to convert captured
Vessels into auxiliary warshps and the
right Of reclamation by the original
owners of captured vessels.
Theories as to Title.
one theory largely held is that title
la prize court has acted Another
opinion strongly championed is that
title passes Immediately after the
capture is made, providing the senior
officers Of the captors duly commits
sions one of his own officers or crew,
as the commander of the captured
Iship. The latter view is commonly ac- /
icepted by the American navy and
probably would be followed by the
state department, though Secretary
Lansing said today he would have to
take time to consider the important
question involved before announcing a
conclusion.
Assuming that the American naval
view prevails. officials would see their
way clear to her disposition under ar
ticle 81 of The .1ague convention CON
cerning the rights and duties Of neu-
trail powers in naval war.
This article permits prizes to be
brought into neutral port on account
of unseaworthiness, stress of weather
or want of fuel or provisions. A
prize must leave as soon as the cir
cumstances which justified its entry
are at an end If 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 its officers and crew and to in
tern the prize crew.
A subsequent article enlarges the
power of the captor of a prize so that
he may bring the captured vessel in
to a neutral port 10 he sequestered
pending the decision of prize court"
But the United States at the time the
treaty was made expressly declined
to accept this article and the debate
al The Hague showed that the Am
erican position was strongly opposed
TO any such use of American ports as
receptacles Of any prize. 1t was
pointed out that otherwise the Unit
ed states would actually be made the
base Of operations by one belligerent
against another
so If treated simply on the basis
of prize without doubt the state
department would be governed by ar
tiele 2i in the case Of the Appam.
This would involve notice 10 Lieuten-
ant Berge to leave Hampton Roads
lust as soon as he could take needed
provisions or fuel and make his ship
seaworthv by absolutely necessary re-
pairs As several British cruisers are
without doubt already watching the
entrance to Chesapeake bay a speedy
recapture of the Appam would seem
ineVitab Bile.
A failure to regard the notice to
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