Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-07-30
Steamer Brought Into
Hampton Roads Awarded
to English Owners.
JUDGE WADDILL
MAKES DECISION
Teutons Lost Rights Upon
Bringing Vessel Into
Neutral Waters.

NORFOLK, Va, July 29.-Posses
sion of the British liner Appam.
brought into Hampton Roads last Feb
ruary by German prize crew, was
awarded today to her English owners,
the African Steam Navigation COM
pany. by Judge Waddili of the federal
district court An appeal will be
taken when the opportunity is given
next Wednesday and the final decision
in the libel proceedings probably will
be given by the supreme court.
In the meantime the Appam will
stay at Newport News in the custody
OF the United States marshal or will
be turned over to her owners under
bond Her cargo has been sold for
36S4,0OO and the money is being held
by the court.
What Is to become of Lieutenant
Berg, the prize commander and his
crew OF ~ men, must be determined
Dy the state department. The general
beilef re is that they will be in
termed"
Lost Its Status.
Judge Waddills decision held that
the Appam lost her status as a prize
when she entered American territorial
waters to remain indefinitely. He re-
Jected the German contention that the
RUSSIAN American treaty Of 1893 per-
nlltted German prizes to be tied up in
American waters and held that prizes
could be brought only by a war vessel
actlng as convoy and then only for
the temporary causes recognized by
international law. An opinion given
by Secretary Lansing to the German
am hbassador to the same effect was
quoted.
decision by a German prize court
that the Appam was "A lawful prize
was held to be without effect upon
proceedings of the courts of the
United States The same German
court recently adjudged prize money
some 100000 in gold taken from the
Nppam when she was captured off the
coast Of Spain by the raider Moewc.
rhe courts conclusion" the de-
clslon reads, ''is that the manner 3r
Drlngirg the Appam into the waters
or the United States as well as her
presence in these waters, constitutes a
violation of the neutrality OF the
hlted States; that she came in with
out bidding or permission; that she is
mere IN violation of the law; that she
IS unable to leave for lack of a crew
winch she cannot provide or augment
without further violation of neutral
'y' that in her present condition she
Is without ! lawful right to be and re-
nam in these waters; that she. as be-
.ween her captors and owners to all
intents and purposes. must
be 'rca'ed as abandoned and stranded
'pon our shores. and that her own
'fs are entitled TO restitution of their
property, which this court should
award, irrespective Of the prize court
proceedings OF the court of the impe-
'lnl government of the German en-
pre-: and 1t will be so ordered"
Needed a Convoy.
The court also held that a prize yes
'el cannot legally be brought into mem
RAJ voters without convoy. The
'ppam was brought in under her own
team after capture bv the German
alder Moewe last January II.
Extended reference was made in
he decision to diplomatic exchanges
ctween Count Won Rernstorff and
ecretary Lansing regarding the
atus Of the Appam, in which the
'cretary declared that neither the
russia treaty of 1893. nor The
ague treaty OF 1907 applied in the
lSe so as TO give the prize crew the
sht 10 retain possession of the yes
Il in neutral waters indefinitely
Ihe court disposed of The Hague
eaty briefly holding that it was not
pplicable, inasmuCh as Great Brit
m never accepted it, but pointed out
nat the attitude of the American
slegates to the convention was
ioWn by their rejection of article
). which would have guaranteed a
lze vessel asylum in neutral waters.
he Prussian treaty. however. was
wen mucn attention by the court.
The historySJt the adoption OF this
eaty with Prussia" the decision
'ad, the conditions that brought
bout the same and the conteInpora-
eous opinions Of the eminent states
en- of that day who participated in
3 procurement and acceptance by
e two countries has been gone into
lily in the effort to show that ii was
cant TO give asylum to prizes in
'utral waters, and that its paiticu-
T. purpose was to afford the United
ates an asylum for their prizes in
russian waters.
Whatever may have been the view
those representing this country at
at time IL seems clear to the court
ut no such enlarged and far-reach-
2 view of the treaty as is now
aimed for it can for a moment be
,teftained at this day in the light
the present methods of warfare
ld the laws. rules and regulations
tccting the neutrality Of nations in
istence now for nearly hundred
ars."