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

the territory OF Hawaii is desircus Of
having you execute, such bond relat
ing to the steamships Setos and
Pommern now berthed in the harboI
OF Honolulu.
Sought Port Of Refuge
The steamships in question are
merchant vessels, and are both OF
German ownership and registration
and at the outbreak of the present
war in August, 1914. sought refuge
and 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 sort whatsoever that may be &C.
easioned to the property rights or in
terests Of any person. firm or corpo-
ration, or of the territory, or any Of
its subdivisions, or any of its officers.
by reason or the 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 orfniury be
directly or indirectly due to, or ocea-
stoned, by any of the persons or acts
or happenings mentioned These pro-
visions provide for liability on Sopr
| part irrespective of the ,manner in
which the injury might be brought
about, an retrospective of whether tie
injury was caused by others than the
officers and crew of the vessel, or
agents or representatives of 3he Ger
man government Under such proyf
! sions, 1t could be claimed That liability
would attach to you even though the
act resulting in damage might have
been brought about by a citizen or
agent of one of the powers at war
with the 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 opfn-
ion. is fnequftable 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
4 be a 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. i'd all probability, having in
mind usual weather conditions, result
! in their total destruction and loss, and
would endahger 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 safe place,
| and there should be no acquiescing on
your part In any steps or, proposed
steps that might result in placing the
vessels, and, the lives of those on
board, in jeopardy. ..'' ..
Obligation Rests on Y. S.
"The 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
1 empire. The vessels have taken refuge
in a harbor belonging to the United
States, a neutral power now at peace
with Germany. Under these condi-
tons, an obligation rests upon the
! United States government to receive
4 and protect the vessels at least until
the present status is changed war
ranting different course. The light
of refuge and asylum, under the cir
cumstances, should, and we believe
/ will be fully recognized by our federal
/ government, and should not be ham,
pered and burdened with unreasonable
requirements or restrictions, by the
local authorities. I'D
Provisions Are Criticized
The bond submitted. while on the
one hand requiring indemnity from
you to the extent.of 100000, nowhere
provides that upon giving this in
demnity, the vessels shall be permitted
foreman 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
lack of mutuality is that were you to
execute the bond, there would be no
corresponding obligation or assurance
that 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
| der the circumstances, we would ad-
wise you not to execute the bond i'll
question, and if, in spite of the Obliga-
ton of the United States government
to receive and continue to protect the
refugee vessels, the local authorities
remove them outside of the harbor.
we are of the opinion that they, both
| in their official and individual ca.
pacity, and all who may aid and assist
them, would be liable in damages in
case OF injury to or destruction of the
vessels, or in case of resulting loss
of life ,
Willing for Removal
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