Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-02

| court.
! Lieut.. Berg's Contentious
Are Sent to Treasury
by Customs Collector
! The status of prize of war and-not
of a warship is claimed for the British
steamer Appam by Lieut. Berg of the
German naval reserve. who brought
the captured vessel into the port of Nor
folk.
There are aboard the Appam num-
Der of British subjects who manned
guns on the British steamer Clan NC
lavish, sunk after grim contest with
the German vessel that captured the
Appam.
There is doubt that the vessel that
captured the Appam and sunk tine
Clan McTavish is the Moewe. as report
ed in press dispatches.
Lieut.. Berg. in justification for put
ting into neutral port with a prize
of war, sets forth the nece ssty for
provisions. He does not make manifest
whether he desires TO remain in port or
to go to sea, nor has he. so far, asked
for time to make repairs.
Lieut.. Berg Reserved.
These facts are brought out in the
communication from Collector of Gus
toms Hamilton, at Norfolk, to the
Treasury Department and transmitted
to the State Department Lieut.. Berg
is indicated to be most reserved in
his ststement-of his case setting-forth
only the essentials to maintain his
representation of his ship as prize OF
war justified in entering a neutral
port because of need of food
1t is for the State Department to de-
termine whether the Appam is war
ship or a merchantmen, captured and
prize of war. If a warship, the rules
are simple which will guide IT as re-
CARDS the vessel itself-an allowance
of twenty four hours time to provi-
sion and leave port. the time to-be fixed
from the moment notice is given TO the
German commander; an extension OF
time as may be reaSona BILE to permit
of repairs that will carry the vessel to
the next neutral port, or internment
of the vessel until after the war in
event the vessel fails to comply with
these requirements.
Status Is Problem.
The status of the subjects of belliger-
ent countries opposing the Germans
aboard the vessel is a deeper problem.
Those who are merely passengers or
members of the crew of merchantmen
can in no way be construed Is pris-
oners of war. But those who manned
guns in the defense of the Clan Nc
lavish against the German warship
which sunk her may be regarded as
prisoners of war. If Lieut.. Berg SO
chooses to represent them.
The problem arises as TO whether a
prize of war is privileged TO carry
in that status: even if prisoners of
war, is it permissible for them to be
held so in a neutral port into which
the prize ship enters from necessity,
either to be kept aboard ship for
definite or indefinite time during which
the vessel remains in port, or during
the period of the war.
There seems no reason to doubt that
the ordinary passengers ana crews from
the many vessels captured or sunk by
the captor OF the AppaIn are in no sense
prisoners. and will not be so regarded by
the captors. Collector Hamilton in ms
communication makes IL plain that Lieut..
Berg is DESTROYS to get rid of the pas
sengers aboard. but gives no indication
OF a reservation in disfavor of the men
who manned guns and who may be
wounded
He probably seeks proper medical aid
for the latter. 1t g also probable
that many of the passengers will be
without means when landed. The Brit
isb government. it is reasonable to
suppose. through diplomatic and con-
sular officers. will care for this phase
of the situation.
Identity of Raider in Doubt.
The vessel that captured the Appam.
it is clear. was not submarine.
though there is doubt that it was the
Moewe. Collector Hamilton does not
set forth the reasons for his doubt. but
1t is supposed to be the suspicion aris
ing from slight communication with
the British passengers aboard the APP
pam Lieut.. Berg has made no ac-
acknowledgement o. declaration regari-
ing the manner of the capture OF the
Appam. even to Collector Hamilton, ii
is clear. But the fact tnat many
passengers and members OF crews from
sunken vessels were carried by the
German marauder and afterward
transferred to the Appam is proof that
she was not vessel of submarine
type with limited space.
Lieut.. Berg has been permitted to
buy provisions for the immediate ne
cessities of those aboard his snip. Until
the State Department decided the
status of the Appam and those aboard
her the requirement to leave port
within twenty -four hours. If made, will!
not be operative, as notice has not yet
been given.
Possible Future Course