The Washington times., 1916-02-01
APPAM BRINGS LAW
PUZZLE FOR EXPERTS
Government Lawyers in Quan-
Diary What to Do With Ship
and Prize Crew.
Continued from First Page)


Of the world since the arrival at Nor
folk a year ago of the German com
merce raiders, Prinz Eitel Friedrich
anr kronprinz Wilhelm.
Although the collector reported over
the telephone shortly atter ~ o'clock
this morning that he had not boarded
the vessel he evidently had been In
communication with her sufficiently toI
get some of the details of her remark
able experience. From what ne report
ed, II appears that the vessel was
chased by a big sea-going German sub
marine after she hal left the Moroccan
coast on her way back to Liverpool with
about l66 passengers and 2OO German
prisoners OF war captured In South
Africa. A dent in the side of the APP
pam bore evidence of the fact that the
submarine had to fire solid shell at
the vessel before she came to a stop
by later press reports from Norfolk
stating that a German tramp steamer
had made the capture.
Attacked Other Ships.
/ 1t also Is known that Collector Hamil-
ton reported that on the way across the
Atlantic the German masters of the
British liner deliberately used her to
attack other British commerce vessels,
some of which, 1t Is believed, were sunk.
anu their passengers and crews taken
aboard the Appam.
Pending determination by the State
Department of the status OF the vessel
and the obligations of neutrality rest
ing on this Government. Collector
Hamilton was instructed to take the
necessary steps to prevent departure
OF the vessel. In any event II is the
intention OF the State Department to
release the passengers on the ship.
The fact that the Appam was used
I~self as a commerce raider following
its capture, may be taken by the state
Department as justification for Intern
aVNu hn ahf nN mn haVR
this was by no means definite.
Hague Treaty Conflicts.
The articles of The Hague convention
OF 1907 are in open conflict on the ques-
ION of the obligations resting on a neu-
trail power into one of whose ports a
prize is brought. Articles p and - APP
pear to require the neutral government
to release the prize vessel, whereas
Article q, under certain circumstances,
requires such a power to hold her pend
ing q prize court decision as to whether
she is lawful prize. lnasmuch. how
ever, as the United States did not adj
here to tHo latter article, the presump-
ton in ofi~IIal circles is that after the
facts are all cleared up, the vessel will
be released.
Article 21 reads as follows:
"A prize may only he brought into
neutral port on, account of unsea-
worthiness, stress of weather or want
at must. leave as soon as the cir
cumstances which justified its entry are
at an end. IF II does not, the neutral
power must order 1t to leave Mt once;
should II fail to obey, the neutral pow
or must employ the means at its dis
posal to release 1t with its officers and
crew and to intern the prize crew"
Article 90 reads:
"A neutral power must similarly, re-
lease a prize brought into one OF its
ports under circumstances other than
those referred to in article H."
Article 2S on the contrary; says;
d" neutral power may allow prizes
to enter its ports and roadsteads.
whether under convoy or not, when
thew are brought there to be se1ues-
trated pending the decision of = prize
court. II may have the prize taken to
another of its ports.
'If the prize is conveyed by war
shin, the prize crew may go on board
the conveying ship.
"If tho prize Is not under CONVOY, the
prize crew are left at liberty"
May Rely On Older Law.
II was declared at the state Depart
ment that II. Notwithstanding the fact
that the United States refuscH to ad-
here to article % It should appear that
there atilI was some conflict. tho United
States probably would rely IN older
precedents of international law under,
which. II is understood, the captured
vessel would be released.
But until all the facts are established.
the department indicated there could be
no decision reached. Naval officials are
almost a unit in the belief that the Ap-
pam will have to be released
The original report that the vessel
had been boarded by prize crew from