Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-02-02
APPAIN MUST LEAVE
AT ONCE OR INTERN,
SAYS JOHN F. LEWIS
Authority on Maritime Law
Says Duty of U. S. May Seem
Unfair to Germans, but Is
Not Really SO
DIFFERS FROM EDMUNDS

The duty of the United States in the
case of the British liner Appam, II that
| vessel, which was brought to Norfolk by
| a German prize crew, be regarded as a
! prize, should be clear, in the opinion of
| John Frederick Lewis, an attorney, who
| Is considered an authority on the mari
| time law of nations
| Article q, of The Hague Convention
Of 1907, provides that a prize may only be
brought into n neutral port on account OF
! unseaworthiness, stress of weather or
want of fuel or provisions. and that it
| must leave as soon as the circumstances
! which justified it's entry are at an end
and that II it does not leave, the neutral
| Power must order u to leave at once, and
should 1t fail to obey, the neutral Power
must employ the means at It's disposal to
release 1t with its officers and crew and
to intern the prize crew." said Mr.. Lewis
today.
DUTY OF UNITED STATES.
Hence IL is clear that II the Appam
was not brought to Norfolk on account Of
unseaworthness. stress of weather or
want of fuel or provisions, but simply as
, matter of convenience or as the most
desirable port to which to bring her, the
American Government must order her to
leave at once and should she fail to
leave, the American Government should
| take possession of her and release her
officers and crew and passengers, and in.
tern her German prize crew
THIS COUNTRY'S POSITION.
This may seem to be treating Germany
| unfairly, but the historical position of
the United States as neutral Power,
| irrespective of The Hague convention,
has always been to refuse beligerents to
treat Its ports as convenient safe-deposit
places for prizes taken upon the high
| seas, and the American Government
would be aiding and abetting any nation
| in permitting that nation to carry on
operations on the ocean without requir-
ing the bellgerent to send prizes to her
own home ports or to the ports of her
allies.
THE underlying idea of neutrality is to
| treat the cause of each belligerent as
| Just: that is, the American Government
| Is not called on to decide whether Eng
land and her allies. or Germany and hers,
are right or are wrong in the present
great conflict, but Is required by inter-
national law to act irrespective of the
cause of the war. and solely as its duty
as neutral nation regu'ves.
AT the Hague conference of 1907 II was
suggested that neural power might
allow prizes to enter it's ports and road
steads. whether under convoy or not,
when they were brought there to be
sequestrated pending the decision of
prize court. but this provision was not
powers, and the duty of the United States
Government. whether considered accord
ing to her traditional position prior to the
Hague Convention or according to the
terms of that convention, is the same.
IF the Appam be regarded as a Ger
man warship, which seems to be the in
tention of her captor when he altered
her name to Appen, then she will be
required to leave Norfolk or to intern
for the war
"In your opinion, why did Berge bring
the Appam to Norfolk" Mr. Lewis was
asked
probably one of the reasons why
Lieutenant Berge and his prize crew
brought the British liner Appam into
| Norfolk was the desire to avoid interna-
! tional complications, due to the fact that
| among the passengers on the Appam there
! are probably many subjects of neutral ma
| tions, and 1t is sincerely to be hoped that
| the German commander was prompted by
the claims of that greater humanity which
| should characterize all belligerents in time
| of war, when he concluded to send the
| Appam to Norfolk instead of sinking her
| at sea-"
EDMUNDS' OPINION.
Henry II. Edmunds, an authority on
| admiralty law, has been quoted as having
said that he believed the Appam would
| come under the head of prize seizures and
| that the German Government could APP
| peal to our prize courts to settle the mat
ter of the ownership of the vessel
Mr. Lewis was asked whether the courts
| of the United States sitting at Norfolk
would be likely to pass upon the status of
| the ship and the rights of her captors, and
he replied that in his opinion the courts of
| the United States would not take juris-
| diction. He regretted to differ with the
view expressed by Mr.. Edmunds, but
| questions of prize or no prize are always
| determined by the court of the nation
which captures vessel or by the courts
OF that nations allies, and not by the
| courts of a neutral Power. he said.
| 1T is manifestly undesirable that the
American courts should pass upon the
| matter. because If they decided in favor
OF Germany the decision would provoke
the enmity of England. and If they de-
| cided in favor of England the decision
would provoke the enmity of Germany"
| said Mr.. Lewis.