New-York tribune., 1916-07-30
Federal Judge at Norfolk,
Va, Gives Liner Back
TO Old Owners.
GERMANS TO APPEAL
TO SUPREME BENCH
!, the Meantime Vessel Will Be
Held in Boud-Berg May
Be Interned.

v..to,k Va. July 2s. Possession OF
10 British liner Appam. brought INTO
-, Roads last February by
cs-msn prize crew, was awarded to-day
- her English owners, the African
Navigation Company. by Judge
T.ss;u 80. Of the Federal District Court
.,ssl will be taken when the op-
- = 5 given next Wednesday,
~ .hs 6psl decision in the libel pro
..s;rs. '.r probably will be given by the
Supreme Court , .;,,
.sru Newport News in the custody oil
~. limited States marshal, or will be
med over to her owners under bond.
V.r cargo has been sold for SS64'ooo
- -, money is being held by the
court II r;.,.s,ant
nc the prize commander, and his
~ ~ twenty-five men must be deter
r,,sS BY the State Department at
Wostinrton. They have been living
sbosrd the AppAm, claiming her as the
r-operty OF the German government
In..be general belief here is that they
sow viii be interned along with the
,,sn Of the German raiders lald up
here. w.,
The Appam is valued at Sl,OOO,0oo'
Gold SAID 20 have amounted 10 Sioo'-
600 was removed from the vessel az
TIE time of her capture, of the coast
OF Spain. and carried 70 Germany oy
.bs raider Moewe. The money re-
Gently was declared prize by Ger
mar prize court, and turned over 10
the Reichstag.
"The courts conclusion" the decl..
sion reads, "is that the manner OF
bringing the Appam into the waters OF
the United States. as well as her pres
ence in those waters, constitutes d
violation Of the neutrality OF tne
United States; that she came IN WIN
out bidding or permission; that She
is here in violation OF the law Iha1
.be is unable to leave for lack OF a
crsw which she cannot provide or aug.
nent without further violation OF
neutrality; that IN her present Cohul-
.ion she is without Lawful right 70
be in and remain in these waters tha'
she as between her captorS ana own
ers. 20 all practical lntents ana pul
noses. must be treated as aOahHo,leu
and stranded upon our shores ana tMha1 M
her owners are entitled 70 resUtuVIoII
of their property, which TINS country
should award. irrespective OF the PIi]e
court proceedings OF the court o. Vne
imperial government OF the Gei rea iiA"
TD'nire. and il will be so oroeTSu'
Ike court disposed OF The Hague
...,+v briefly. holding that II was not
.',i;cabIe inasmuch as Great Britain
,sTer accepted it. but pointed out tnat
- s.ti+ude of the American delegates
- he convention was shown by tnelr
,s;sc,;on of Article Iwenty-three'
v5;eb would have guaranteed pIlSe prL
eel ssvlum in neutral waters. ne
prrss;sn treaty. however. was given
..,cb attention BY the court.
The history Of the adoption OF TINS
.-,a-, v-;-b Prussia" the decision reao'
d. Conditions that brought about the
ss1e and the contemporaneous
or;rions ~ the eminent statesmen OF
49, 6av who participated IN lts pro
,rrsrer+ and acceptance by the, two
countries. has been gone into fully III
,Le eHort 20 show that It was meahI
70 20 give asylum 70 prizes in neutral
waters. and that its particular purpose
was a. 70 aford the United States an
ssylum for their prizes in Prussiah
waters.
Treaty Not Broad Enough
whatever may have been the view
- tbose representing this country az
,bst tine n seems clear to the court
that no such enlarged and far-reaehlng
viSw y,,@ of the treaty as is now claimed
for il can for a moment be entertained
A. his day in the light Of the present
methods Of warfare and the laws, ruies
and regulations affecting the neutralliy
Of nations in existence now for nearly
q hundred years.
"A careful review Of the provisions
Of the Prussian treaty, when reao III