The Hawaiian gazette., 1917-02-13

man claimants to retain possession, un
Ter supervision of Virginia court off
cials. Receipts Of 1894 600 from court
sale Of perishable cargo have been held
by the lower court awaiting the Su.
preme Court Is final decision. . -
That no attempt would be made to
'un the Appam out of American juris.
diction pending the appeal was form.
lily pledged to the state department
~ German Ambassador won Bernstorff,
md the prize crew remained aboard at
Newport News. All British persons
aboard were promptly released by or
Ter of Secretary Lansing.
Grounds Relied On Il
| The three principal grounds relied
upon by the German claimants were:
| I. That the Appam, as a public ship
Of war belonging by capture to the
German government, is entitled TO in.
definite American asylum under Article
10 of the 1899 treaty between the
United States and Prussia, renewed in
part by Article ~ of the German,
American treaty Of 1928. .l.t
g. That American courts are without
Jurisdiction, enjoyed solely by German
prize courts
3. That the American and German
governments-not American admiralty
courtsmust determine the Appam e
disposition.
All three principal and other minor
contentious were rejected by Judge
Waddill. He construed the treaties to
grant only temporary asylum to war.
ships-not to prizes unaccompanied BY
;aptor warships. That the Appam, hav,
ing violated United States neutrality.
must be treated Gas abandoned and
stranded upon our shores and the
British owners, therefore "entitled TO
restitution Of their property" was his
decision. A ~
The American government interviewed
n the proceedings, but only as a friend
Pf the court.
Lansing Against Germany "a
The State department had ruIed that
Is construction of the treaties does
lot give Germany "the right to deposit
polls of war in an American port
ind that they gave the Appam the righ'
% enter American waters "only in
,ase of stress of weather, want Of
fuel or provisions, or necessity for re.
lairsp and obliged departure las soon
Is such cause was removed" ~
However, in note to British Am.
bassador Spring Rice, Secretary Ian.
ling said he was "unable TO accept''
he British ENJOYS suggestion that the
Appam violated American neutrality.
Failure of President Wilson q various
neutrality proclamations to interdict
bringing of prizes to United States
ports also was relied upon by the Ger.
man claimants.
The treaty clause upon which the
'}erman claimants relied in chief de-
;lares that the vessels Of war, public
md private, of both parties shall carry
freely = . the vessels and eff.
fects taken from enemies :
lor shall such prizes be arrested,
searched or put under legal process"
That this treaty provision applies
only TO prizes conveyed into American
ports by warships, and not TO a prize
lnaccompanied, was held by Judge
Waddill and, also, by the State depart
ment.
Claimed Precedent
y AhN Soot VI luG DTlIlbn tItuUlCI
brought into San Juan, Porto Rico, in
January, 1915, by German prize crew
md interned under State department
orders was relied upon as a precedent
by the German interests claiming the
Appam. The same consideration should
be given the Appam, they eontended,
although the State department ruled
thst the Farm was feet auxiliary.
That the Hague conventions, which
would alter prize provisions of the Ger
an-American treaties, are inapplicable
because not ratified by Great Britain
also was urged by the German claim
ants.
The APpam was appraised at ST.
25O.OOO. She is 440 feet long and of
$500 tons. Her cargo, from the west
African coast, was estimated at be-
tween $1,000 600 and $4,000, 900. In adj
dition about $l,0O0,O0O in gold bullion
was reported to have been taken of
by the Moewe, which was commanded
by Count zu Donna and captured sew.
eral British ships during a1brief but
active raiding tour. ,.l
Spectacular Exploit
The Appam's capture was regarded
OheNoI the most spectacular sea ex-
potts of the war. Intercepted of the
Madeira Islands while en- route from
Dakar, Africa, to Liverpool, Lieuten-
ant Hans Berg and his prize crew Of
twenty-five men ran the vessel, with
lights out, across the Atlantic.
. Bombs were placed throughout the
vessel and the vessels crew Of about
100 and also 800 passengers were kept
under subsection by threats of the cap.
tors TO blow up the ship upon inter
ference.
The ApPam arrived at Hampton
Roads with supplies exhausted but sea
worthy. The libel suit Of the British
owners was Immediately begun and be-
cause Of the unique and important ques,
lions involved. the ease was expedited
for hearing before the supreme Court
last January. .."r