Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-15

Having you execute, such bond relat-
ing TO the steamships Setos and
Pommern now berthed in the harbor
of Honolulu.
Sought Port Of Refuge
! The steamships 'in question are
merchant vessels, and are both OF
German ownership and registration.
and al the outbreak Of the present
war in August, 1914, sought refuge
md asylum in the harbor Of Honolulu.
and by reason of dangers Of war con-
tinuing since said date, have remain
ed in such harbor, claiming protection
and refuge there. - ....-..
/. The bond referred to provides for
a liability on your part for any and
all damage. delay. loss or injury of
\ any sect whatsoever that may be oc
casioned TO the property rights or in
terests Of any person, firm or corpo-
| raticn, or of the territory, or any OF
its subdivisions. or any of its officers,
by reason offthe sinking, burning, or
otherwise injuring Of either of the
vessels. or by any act whatsoever by
the masters. officers, crews. or any
member thereof, or other person at
any time aboard either Of said vessels
or connected Herewith. whether act"
ing under orders from any source
whatsoever or otherwise, and whether
such damage. delay. loss or injury be
directly or Indirectly due to, or occa-
stoned. by any of the persons or acts
or happenings mentioned. These pro-
visions provide for liability on your
part irrespective of the manner in
which the injury might. he brought
about. an retrospective of whether the
injury was caused by others than the
officers and crew of the. vessel, or
agents or representatives Of the Ger
man government Under such provi-
sions. II could be claimed that liability
would attach to you even though the
act resulting in damage might have
been brought about by citizen or
agent of one of the powers at war
with tho German empire, or by some
person wholly beyond the control of
the owners or officers of the vessels.
This feature of the bond, in our opin.
ion., is inequitable in the extreme.
Recognition of Claimed Right
The recitalS and provisions of the
bond are so framed as to amount to a
recognition on your part of a claimed
right on the part Of the harbor COM
missioners of the territory of Hawaii
to at any time require the removal
OF the vessels beyond and outside of
the Honolulu harbor The bond also
reserves the right to the Harbor< COM
missioners to at any time require the
removal of the vessels within two
hours after notification, which would
be physical impossibility as we are
informed on good authority. We have
also been informed that, in the present
condition of the vessels, the anchoring
of them outside of any territorial har-
Dor would, in probability having in
mind usual weather. conditions, result |
in their total destruction and loss, and |
would endanger the lives of the Off
GERS and crew, As agent of the yes
sells, it Is your duty, at all times, to !
refuse to consent to the removal of |
the vessels to any but a safe place, |
and there should be no acquiescing OH |
your part in any steps or proposed !
steps that might result in placing the |
vessels, and the lives of those on
board, in jeopardy. II.
Obligation Rests on U. S. ~. ~.
eThe theory upon which the vessels |
are at present in the Harbor of Homo
lulu. is that they are in danger from
enemies now at war with the German
empire. The vessels have taken refuge |
in harbor belonging to the United I
States, a neutral power now at peace
with Germany. Under these condi.
tions, an obligation rests upon the
United States government to receive
and protect the vessels at least until 1
the present status is changed war
ranting a different course. The right |
of refuge and asylum, under the cir
should, and we Believe
will be fully recognized by our federal
government, and should not be ham
pered and burdened with unreasonable
or restrictions by the
local authorities. ~. ....s....
Provisions Are Criticized ii.
The bond submitted, while on the
you to the extent Of 100000, nowhere
provides that upon giving this in
demnity. the vessels shall be permitted
TO remain within the harbor or remain,
In fact, at any place where they would
not be liable to destruction by reason
Of the elements, and the result of this
Iack of mutuality is that were you to
execute the bond, there would be No
obligation or assurance
hat the interests of the owners of the
vessels and the lives of those in ]
charge of them would be safeguarded.
For the reasons mentioned, and I'M
Ter the circumstances. we would adj
wise you not to execute the bond i'll
question, and if, in spite of the obliga-
ion OF the United States government
o receive and continue to protect the
'efugee vessels, the local authorities
'emove them outside of the harbor,
We are of the opinion that they, both
n their official and individual ca I
,acity, and all who may aid and assist
hem, would be liable In damages in i
,ase of injury to or destruction of the
Tessels, or il case Of resulting loss
# life.
NilIino for Removal