The Washington times., 1916-02-02

problem This board is merely advis-
| ory
Pending a decision by the United
states respecting The disposition of the
Apnam, the British government Will
| make no formal demand for the relea Sc
OF the vessel to her original British
owners.
This fact developed following a con-
terence this afternoon between ScCre-
tarY Or state Lansing and Sir CCcil
Spfng-Rhce, the British ambassadors
me latter explained to the Secretary
thae he called merely to get any addl-
tlonal Information in possession Of the
depaftment. lie was given t. md,
stand that the passengers on the We. sci
would be RELEASED today.
hilc the ueuDcraIuns are in prog
! ress steps will be taken to release the
passengers brought III on the Nppam
ana also the German prisoners o. war
VINO were discovered on board her by
her German captors
claims that the ship was taken in. }
norfolk as a prize OF war, II is re-
garded as practically certain that she
VIII invoke the treaties of l,99 and lh2S
IN support of demand that she De
permitted to sequestratc the prize IN
the American port until the end Of the
war.
Now the treaty Of 1893 SAYS in effect
mat II either Prussia tGermany) or
tie United States should ever be at
war with tnrd power, either would
nave the right to take it's maritime
prizes into the ports Of the other Tree
OF all restrictions and subject at any
time to the right OF the ,ap,ur 20 , .
NOV it, proviso. however, exempted
from the above provision British mer-
chant essels that might be captured by
German commerce raiders from being
taken into an American port.
Was Never Renewed.
This proviso. inserted out of respect
hnn NtS
United States and Great Br tain-the
treaty of l.94-waS eliminated in the re-
nactment OF the PrusSlan treaty in lh2>.
This elimination was maze by reason
OF the TACT tnat the article in the
article in the British treaty OF l.g- Gov
ering the treatment Of prizes expired N
lhUt ana was never renewed. so, OF
hcialS Of the state Department al" pre-
pared TO admit, Germany would now
have the right under the troaIlcs OF
lGi9 and lSLN to SeQucStcr the Appdm III
an American port.
On the other hand. II Germany does
not set up the claim that the .hppam Is
a prize of war. but has been converted
INTO German auXIuarN. and such a
claim was accepted by this Government,
1t .s Thought that the precedent cstab-
lished in the Farm case would un-
doubtedly be followed. The Farm had
been captured by German squadron,
and converted into a collier auxiliary.
before she put into San Juan. Porto
E:ico. The nited States, admitting the
legality of this conversion, acted in face
OF the British protest, and interned the
vessel.
Great Br tain. it is clearly foreCasted.
Will demand that the ppam be released
and turned over to her British owners.
Such a demand has already been re-
Ceived at the state Depa Ttment from
the New York agents of the owners. 1t
has not Yet been replied to.
Followed By Release.
The I'ritish claim Will be based on
'-.rtiCle y of The Hague convention of
1900. which provides, IN substance, that
prize OF war. being taken into neu-
tral port. shall he ordered by the port
authorities to leave at once; and that
failure to obey shall he followed by
release of the vessel to her original
owners ny tn" port authorities and al
internmont Of the prize crew.
BY f, article the United states does
not ne 50 rily consider itself bound for
the reaSC among others, that Great
Britain herself did not subscribe to
that article at the time Of It's adoption.
Another element of extreme import
ance which may develop out of the dis
pute is concerned with the right OF a
biilegerent power to convert a prizN.
laden with nOn-Combatant passengers
into a ship of war and cruise about
the ocean under the risk at all times
of being attacked and sunk.