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

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 be brought
about, an irrespective of whether the
i injury was caused by others than the
officers and crew of the vessel. or
agents or representatives Of the Ger
man government. Under such iproVi-
sions, it 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 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
recognition on your part Of 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 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, in all 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 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
empire. The vessels have taken refuge
in harbor belonging to the United
States, 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
the present status is changed war
ranting different course. The right
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 btrdened with unreasonable
Requirements or restrictions by the
local authorities. %~& ,E$,...a.t' ~
Provisions Are Criticized
The bond Submitted. while on the
one hand requiring indemnity from
you to the extent of $500, 900, 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
lack of mutually 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 un-
der the circumstances, We WOULD ad-
wise you not to execute the bond in
question, and if, in spite of the obfiga-
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 ..
'.We understand that you have at all
times been willing to consent to the
removal Of the vessels from the wharf
either to safe anchorage place In
the Honolulu harbor, or to q safe an
chofage place in Pearl harbor. 1t has
been suggested that a satisfactory
solution Of the difficulty would be to
anchor the vessels in Pearl harbor,
and we would advise that further en-.
deayors be made to secure the CO.
operation Of the board Of harbor COM
missioners of the territory in procur:
ing for the vessels a safe anchorage
there under such conditions as may
be satisfactory to all parties con-
cerned.
Very truly yours,
THOMPSON, MILvERTON
& CATHCART." !
Refuse 20 Sign Bond
H. Hackfeld & Co., in accordance !
a L IL L. Ell Il