The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-05-07
KTonprinzessin Cecilie Not Re-
sponsible for Turning Back in
Mid-ocean and Failing to De.
liver Big Shipment Bullion.
DECISION HAS IMPORTANT
BEARING ON CHER CASES
Score of Other German Vessels in
American Ports Are Affected
by the Ruling Of High Tribunal
Handed Down Today.


banks today lost their litigation in the
supreme court against the North Ger
lnan-i.ioyd liner kronprinzessin Co
ellie a, Boston. In which they claimed
fs.2f0.pOo damages for failure of the
vessel tu deliver gold bullion worth
til.00o.0oo shipped to England ana
France Just at the outbreak Of tho
war
Tho Cecilie. the supreme court de-
cided. Is not liable In damages 10 tho
shippers for turning back to America
In mid-ocean and abandoning her
voyage. The decision determines large
similar claims againsta score Of other
German vessels IN American ports.
Justice Holmes delivered the decision.
Justices Pitney ana Clark dissented.
Claims Of the Guaranty Trust COM
pans ana National city bank OF New.
YORK against tins North German
Lloyd liner kronprinzessln ceciiie, for
s2,2to,o00 damages for failure to-
carry gold bullion to Europe when the
war began. presented to the supreme
court several new and intricate aues-
tions growing out of the hostilities.
Because the cecile. known as the
sold ship" sailed with sli 1000. .00e
In gold for England when war ap-
Deared imminent. was warned in mid
Atlantic by wireless and raced back
to bar Harbor. Me. the banks claim
ed damages for losses resulting from
non-delivery of the gold
That iniminence OF war justified
the Cecilie's return to neutral waters,
to save the vessel from British cap
ture. was contended by the defense.
Many claims OF great magnitude
against other German vessels similarly,
situated hinged upon the supreme
| COURTS decision. rwenty-three ships
Of the North German Lloyd HAM
burg American and tiansa lines either
returned 10 American ports or refused
To sail with cargoes when war was
! apparent.
The Cecilie, pending the decision In
the present case. has been Ia custody
of the Boston fedral court when
diplomatic relations with Germany
were severed her German crew was
taken OF and later interned IN Cor
gia detention camps I, was discover
cd that before they left the vessel, the
machinery was damaged TO the extent
of $4,000 under Instructions from
"a member Of the German govern
ment official stan
Ia the lower courts opinion regard.
ing the Cecllie's Liability TO the New
York banks was divided. Federal
| District Judge Hale ~ Maine dismiss
sed their suit. holding that Captain
Polack had information by wrelcsa
warrIntius reasonable apprehension
OF danger aud iustifylng his return tu
America. rpon appeal. the federal
circuit court. bN "a divided bench. re-
ycrsed Judge Hale's ruling and sus-
tanned the banks claims. Judge
Dodge and bingham held the vessel
liable while Judge Putnam dissepte'i.
The Cecile was ordered. by rcicss,
/ by the Nurth Grman Lloyd directors
TN Germany TO return To- America
Judges Dodge and bingham held that.
! therefore captain poiack cxercisrG
no discretion and that she shippers ~
| freight were cn,itlcd "a damages Tor
failure 10 have their carsoes delivered
nt London. The bills OF lading stipu-
lated against Liability occasloncd "byl
arrest ana restraint Of princes, ruler'
or people
The Guaranty trust cempana
claimed tl,s3.oO0 damages and tho
| National city bgnk sltG.NO0. Thei.
I gold Was consigned % plSmou,h aud
! Chcrbours respectively
The Cecihe sailed from Now NJrk
July IS. 1914. and wher ieTa inics
from Plymouth oB July 81, received
the wireless warning she rurheb
back to America. arriving safely st
Bar Harhur and later was conveyed
20 Boston. The vessel was built in
1907 at cost of st.Soo.000 and was
among the German and Austrian
craft subject 90 federal seizure when
the United States declared war. Ped
erul possession. howtver has been
suspended subject % the claims Of the
| New York banks
\ decision against the vessel involy-
sd either hcr sale AZ auction "a sat
isly the claimants or giving of bond,
either by the owners or the United
states government