The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-10-06

yEssEL is HELD Ar NORFOLK


h Aa& CIRCUIT Judges FEltCneIt ana Knapp
and District Judge Rose, who con-
vened I special session OF the United
states Circuit Court OF Appeals In
Richmond yesterday are hearing ar
gument In one Of the most unique
and interesting admiralty cases ever
brought In the courts Of this country.
Because Of the International import
ance Of the questions involved in the
appeal, this special session was called.
Tho case comes into the Circuit
Court from the District Court at Nor
the steamship AttualitA from libel
instituted ~ the owner OF the
Greek steamship Nina. to recover
damages In the sum OF 100000 for
the loss OF the Nina and her pending
freight by = collision with the Attua-
lita.
on July 20 last. at a point about thirty
milea east Of Gibraltar in the Mediter-
ranean 6ea.
The steamship Attualita IN now iy-
tng under arrest 1t anchor In the
Elizabeth River near Norfolk, having
been taken into custody by the United
States marshal. in pursuance Of the
prayer Of libel and the usual process
Vt arrest.
Judge waddill's RnlinG.
The ruling. In part. bv Judge Wad-
dill. from which the appeal - taken
% the court here, follows:
Undoubtedly. when this ship was
attached. she was under the manage
ment of her owners. 30 far ~ man.
ming md operating her were con-
cerned. But she was at tho same
limo under requtsttton BY, and under
the control and direction OF the Italian
admiralty, taking orders therefrom.
and IT the time OF the seizure was in
this harbor under such orders. en-
government.
finder thS circumstances. can the
1ibellant maintain the attachment
without deprivinE the Italian govern
ment Of the possession and use OF the
ship. assuming the reQuisition to have
been regularly made? I think that
right has been established. and that
being SO. that this court should be
very slow to interpose. especially at
the instance OF private litigants OF
another country, and seize the ship.
and take 1t from the possession of the
Italian government
This Ia my view. II may be a great
hardship on tho 1ibellants. but 1t IL
not for me to determine the course
Of the italian government. 1t may
have been necessary. In order to pre-
serve It's rights to the possession Of
the ship for governmental purposes.
to intervene in these proceedings: and
for the court Of the United States TO
wrest the ships possession from her.
would tend to disturb the internal
tionai comfy existing between the
two nations, which are now friendly:
and especially Ia this true when the
Italian government In engaged in war.
The attachment, so far ms the Ital-
ian government Is concerned. will be
abated and the ship released
How Appellant Is Agxrievcd.
THE appellant represents that he
II aggrieved by the decision OF Judge
WaddilI. and in his appeal asks that
the same be reversed on the ground
that the lower court erred as follows.
First: The action OF the court in
releasing the steamship Attuaiita. ar
rested In this cause, and In the GUS
tody OF the marshal of this district
at the time OF the release Of said
weasel.
Second: The failure Of the court to
hold that the marshal Of this district
should retain custody OF the steam
ship Attualita.
Third: The failure Of the court to
proceed In regular course to hear and
determine this cause on the merits."
The case 10 being argued by Ed
ward r. Baird. Of Norfolk, and ].
Parker Kirlin and John N. woolsey,
OF New York. for appellant: and by
Robert n. Hughes. Of Norfolk. for
a. Muoia. excoptAnt. and by Francis
RAwie. OF Philadelphia, and Floyd
Hughes, OF Norfolk, a. amici curiae
on behalf Of the italian embassy and
government