New Britain herald., 1917-03-06
ENGLISH OWNERS
 WIN APPAM BACK

UV1 1AUu HUI 1lAV " nMuAVVu tV
 Original Claimants
 Washington, March 6.-British ] claimants of the German prize ship Appam at Newport News Va, today won their suit in the supreme court to regain possession of the vessel and cargo.
 In sustaining the British libel at tachments suits against the Appam and cargo. the court said that the British owners are entitled to resti- tuition, because the Appam violated American neutrality.
 Treaties of 17S9 and 1928 between the United States and Germany. the court held, do not entitle German prizes unaccompanied by the captor warshtp, to indefinite American asy- lum. Jurisdiction of American courts over the Appam was upheld.
 Findings of Federal Judge Wad- dill of Virginia that the Appam vio- lated. American neutrality after be- ing brought into Hampton Roads by Captain Berg were sustained.
 Interpretation. for the first time, by the Supreme court of the treaties of 17ss and 1928 between the United States and Germany was sought in two cases determining possession of the British liner Appam, captured January Is. 1916, by the German raider Moewe and taken to Newport News, Va. by prize crew under Lieutenant Hans Berg.
 Almost from the moment that the f.aA Ia >k<,vn 9rNaf6 a February l, 1916, after g. trans- Atlantic dash of 3,o51 miles, the legal contest for possession of ship and cargo began. Together their value is estimated between $3,000,OoO and $4,000,000. constituting one of the richest single prizes of the war.
 Right to asylum in American waters until the war ends, or failing that, to have disposition of the vessel and cargo determined by the state de- partment and German government was claimed by the German captors.
 Tn an admiralty libel suit. attach ing the Appam and her cargo, the British and African Steamship com pany, British owners, sought re- possession. es They denied that Ger man-American treaties or sinterna- 1 tional law gave the German claimants authority to retain the prize.
 The German government, claiming the Appam As a public ship of war be- longing by its capture to the govern
 ment, was the real defendant Tn the libel suit, although Lieutenant Berg,
 prixe master. and German Vice Con- sul von schilling Of Norfolk. Va.
 were the nominal ciaimants.
 Tho Britigh owners were succcssful tA n. <nl and cargo was ordered in July. 1916.
 by Federal District Judge Waddili of
 Virginia. The manner of bringing tho Appam into United States waters Judge Waddill held q violation of American neutrality. He interpreted 1 tho German-American treaties to 84vG l no permanent but only . teznpore1y l right to American asylum to German war prizes. NN Upon appeal to the Supreme Court, bond for 31,oOe, 900 was 9iven by the I German claimants to retain posses- sion, under supervision Of Virginia II court ofIlcials. Receipts of $S34. 900 | from the court sale Of perlshable car so have been held hy tho lower court awaiting the Supreme 5Court's hnai de-
 cision. Pledged to Remzan Here. That no attempt would be. made to run the Appam out of American .juris- ] diction pending the appeal was for ] ma1ly pledged to the State Depart mont by German Ambassador Won Bernstorn. and the prixe crew re- mained aboard at Newport News. All British persons aboard were promptly released by order of Secretary Lan- | sing.
 The three principal grounds relied upon by the German claimants were: | l. That the Appana. as . public ship of war belonging by capture to the German government. is entitled I to indefinite American asylum under Article 19 of the 1799 treaty be- tween the United States and Prussia, renewed in part by Article IF of the German-American treaty of 1928. l 2. That American courts are with I out jdrisdiction, enjoyed solely by German prize courts.
 3. That the American and German t governments7-not American admiral l ty courtg-must determine the Ap- pam's disposition.
 All three principal and other minor i contentious were rejected by Judge Waddill. He construed the, treaties to grant only temporary asylum to warships-not to prizes unaccon1- l panied by captor warships. That the Appam. having violated United states
 neutrality, must be treated ..as aban-
 doned and stranded upon our shores'' and the British owners, therefore '-en- titled to restitution of their property 1 was his decision.
 The American government inter- l vened in the proceedings. but only as "a friend of the court.
 America No Deposlt.
 The state department had ruled that
 its construction of the treaties does not give Germany tsthe right t0 de-