New Britain herald., 1916-02-02
Vessel Will Re Turned Over to Her German Captor Should U s. Decide Craft Is Prize of War;
 Probably Will Then Be Sunk.
Sir Spring Demands Release of
 Steamer Under The Hague Conyentio


 In Case Ship Should Be Held to Ha
 Become German Fleet Auxiliaa
 She Will Have Choice of DeaviIH
 After a Certain Time for Suppl&
 or Repairs, or Interning Here Una
 War Is Over.
 Washington, Feb. Estate depa nnent officials indicated today that the Appam finally is held to be rrize, the Prussian-A American treas of 1928 is more likely to govern case than The Hague convenud This would mean that the AppA would be turned over to her captoI and in that case some German o3 cials expressed the view that prize crew, rather than let her 4 back into the hands of the British, would seem inevitable if she left pc might take the ship to the three m limit and sink her.
 In case she is held to have becof a German fleet auxiliary, she lave the choice of leaving, aftern certain time for supplies or repa or interning for the war as have Prinz Eitel Friedrich and Krd prinzen Wilhelm.
 Somewhat Similar Case
 Officials point out that the case British Collier Earn, captured by H German cruiser Karlsruhe. re-nanf the Odenwald, and finally interned San Juan, Porto Rico, might be garded as a somewhat similar easez
 The British Authorities coneend& the Odenwaid should be turned bs to the British officers in the statusH @ prize, but the American gcve ment held she had taken on the chg acter of an auxiliary and she was termed.
 Original Treaty of 1709.
 The original Prussian-Ameris# # treaty of 1799 provided:
 The vessels of war, public and vate, of both parties shall carry freA0 wheresoever they please the vess and effects taken from their eneu without being obligd to pay any dut charges or fees to officers of adnlIM ty, of the customs, or any others; shall such prizes be arrested, scare or put under legal process when come to and enter the ports of other party, but may freely be carr out again at any time by their captM to the places expressed in their Cd missions which the commanding
 c17 al H0i nh show. But. conformably to the tre ies existing between the United St and Great Britain no vessel that sf have made a prize upon British jects shall have a right to shelter the ports of the United States, bu forced thereln by tempest or any ot danger or accident of the sea. t shall be obliged to depsrt as soon possible"
 This latter provision would h compelled the departure of the pam to the almost certain fate British cruisers off the Capes, but treaty expired by limitation in When it was renewed this latter prC sion which removed British ves from the scope of the article was officially eliminated and the treaty 1928, which now is in force, gi German prizes the right to come go.
 Neutrality Board Meets.
 The neutrality board met today consider the case with all the tre provisions which bear upon it, Ses +ar,, Lansing also considered the cs
 Sir Cecil Spring Rice, the Bria
 
 Socretarv Lansing for the release the Appam and return To the bIa' owners under article 21 of The Haa which the British auth tiles claim has superseded the fr treaty. The secreA took the ambassadors argument un consid erauon.
 British Scout Theory.
 British officials here scout the sE ry that the raider MoeWe sllp through the Kiel Canal under Sweo ,olors and got out into the Allan They have a theory she is Gcrn merchantmen which got out of Azores port nearly 8 year ago and been missing since. They have .heory as to how she got the arr nent.
 Collector Hamilton's report, VII vas placed before the neutra board today, says Lieutenant made no request for time to m; .epairs or for any coal or provisi beyond immediate needs.
 Considers Appam Prize. Berg himself, the collector sf
 (Continued on Tenth page.)