The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-07-30
bge Waddill Says She Came
Unbidden, Violated Neutral
fly by Staying
ANNOT LAWFULLY GET
Rev TO TAKE HER AWAY
Gated as Ship Stranded On
Our Shores and Turns Her
Over to British Owners IRE
spective Of Prize Court

Shen the Appam came IN her Ger
IN captors declared that rather
n surrender the prize to the Brit
they would take her outside the
ee- mile limit and sink her. The
icral Court. however, has posses
\ of the ship and any attempt to
yc her undoubtedly would be qnes-
he'd
Norfolk. Va, 1uly 29.-The prize
j. Appasn brought into Hamptek.
ads. February l. by Lieutenant
ms Berg and n prize crew from the
man raider Moews. IS the lawful
perry of her former British own
the British and African Steam
Figa,ion Company, according TO the
ision of judge Edmund Waddili,
rendered in the United States DIS
I Court this morning. The sa me
lies to the cargo or the proceeds
he cargo Of tho Appan1, tho "a me
hciples applying IN each case both
which were heard Jointly Prom
decision Of the District Court
nsei fer the German government
appeal 10 the Supreme Court Of
limited state
he decision this morning decides
FAR as the lower court is concerned
et should be done with the Appa m.
case is now up to The Sur RENE
rt of Appeals What shall he done
the vessel In tho meantime. how
Will ne decided next week The
RI Will hear motion OF attorneys IN
case next Wednesday at noon
Thrcc Main Points.
hrea main points we're passed up
nv the court in deterru ming the
t"ss'p OF the vessel and cargo.
What are the rights existing be-
~ iris country and Germany re-
-''r- the right of entry az prizes
var captured NJ sea. and of asy-
in fh~ waters Of the United
-, ~hether arising under treaty
International law
Has this court furi sd ictton 10 en-
ain these suits for restitution Of
pre- perty in question n it's own
What - tn" character AoF the
oerty seized, whether public or
late and can the cou-t. as against
German government who claims
right to adjudicate it's title hy It's
prize court determine the rights
Eeof and afford relief as between
lirgants
each Of the above three cues
Judge Waddilrs decision was In
pr Of the contention OF counsel for
former owners Of the vessel and
20.
Treaty Does Not Apply.
pom the first point the court held
the treaty between the United
rs and Prussia OF iTaa, as renew
Ind continued in 1928, relied upon
the German government in sup
Of their claim, does not apply in
case, and the German contention
rot he entertained at this day
pom the second point the court is
he opinion that il has Jurisdiction
he case.
pom the third point the court held. |
Nv. that the Appam and cargo Is
ate property and that the Federal /
n At Norfolk has the right to de-
,,ne the rights Thereof and afford !
X rs between the litigan,s as
INST the German prize court
One Question Involved
he court considered tho case of |
Appam as entirely a new one |
ring new ground. and thct prac-
~ the sole question involved was |
ther a government can cause !
a TO be taken into a neutral port. |
he opinion OF the court In the mat |
cf the Prussian treaty was Men- |
Wit hthe ruling Of the State De- |
ment, the diplomatic exchanges |
reen the German ambassador at |
|hangton and Secretary Lansing be- |
quoted In full. In passing upon |
treaty the court said:
ae correct determination Of the /
lions presented by the notes OF |
diplomatic representatives OF the /
governments will IN large meas
dispose OF the more important /
q involved in this litigation.
II Is apparent that II the view
IA by the German ambassador of
Pru.sian treaty be accepted. then
Appam had the right to come in
Express treaty. for the purpose OF
hg up, as her prize masters COM
hon directed: and tho German
rnment would be entitled to the
use of the waters OF the United
Is during the existence OF the
as a rendezvous. or indefinite
OF abode for prizes Of war.
he gravity OF this situation IL
ifest and X the contention Ia
set, its value to the German gov
nent, on the one hand. and the
bus responsibilities and conse-
kces to the United States on the
+, can not well be overestimated.
weight that should be given to
.opinion and ruling Of the Secre-
OF State. an able and accom-
he'd diplomat. in constituting the
ksian treaty. need not be dweit
d, since the court Is in full ac-
with his Interpretation, further
| TO say that II has special signifi-
|e As a decision and ruling Of
Executive branch OF the govern
:. having to do with international
fers, rendered after It's authority
{been invoked by the German gov
hent. In this very matter. II
Does Not Apply Now. T,
v history of the adoption Of this
n with Prussia. the conditions
bronght about the samA,, ana tho 4
nTnporan4ous opinions Of the