Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-15
GERMAN SHIP PROBLEM
STILL REMAINS FOR
BOARD TO SETTLE
Continued from page one)

a liability on your part for any and
all damage. delay, loss or injury OF
any sort whatsoever that may be &C.
casioned to the property rights or in
| terests of any person, firm or corpo-
ration, or or the territory, or any OF
its subdivisions, or any of its officers.
by reason of the sinking, burning, or
! otherwise injurfng 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 be 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 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, III our opin-
ion, is inequftable 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 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 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 U. 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 burdened with unreasonable
requirements or restrictions by the
local authorities. - - 49,.
Provisions Are Criticized
The bond submitted, while on the
one hand requiring indemnity from
you to the extent of 100000, nowhere
1nc Nh4f erfx fk,s r.
denlnity, 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 I'M
der the circumstances, We would ad-
wise you not to execute the bond in
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. r. -. .. -. ~.
Willing for Removal >.. f. ~
I'VE understand that you have at all
times been willing to consent to the
removal of the vessels from the wharf
either TO a safe anchorage place in
the Honolulu harbor, or to safe an.
chorage place in Pearl harbor. 1t has
been suggested that a satisfactory
solution of the difficulty would be to