The Hawaiian gazette., 1917-02-13
QUEST|ONR|GHT
TO seize SHIPS
HERE FOR refuge
Old Prussian Treaties, Which the
Germans Would Renew, Come
Into Prominence +
APPAM CASE DECISION Fl
WILL SETTLE MATTERS
Supreme Court Has That Case
Now Before II But Events
Complicate II 4.

The question Of whether or not thu
United States government has lega
right to seize the German vessels in
termed or brought for refuge into tn,
harbor Of Honolulu, even in the event
Of war, is one that, according to a re
port last night, the local representa-
tives of the department Of justice may
have 70 wrcstle with. 4.
The suggestion has been raised that
the United States is still bound by the
Prussian treaty Of 1893 and the Ger
man treaty Of 1928, and Germany raise,
that point in the famous Appam case
which is now, on appeal by Germany
before the supreme Court of the United
States for final adjudication.
The situation is rendered still more
Interesting and complicated by news
which reached here from Washington
during the week TO the effect that Ger
many eontemplates proposipg to the
United States q Identification Of the
treaties Of 1899 and 1928.
In view Of the peculiar situation that
exists as regards the relations between
the United States and Germany, Il is
difficult TO see how the United States
could at this time entertain such a pro
posal Diplomatic relations between
the two countries have been broken OF
and re-ratifcation of the ancient
treaties would certainly come under
the head Of diplomacy.
Old Treaty fangles s.
According to the report from Wash.
ington, the old treaties contain provi
sions which might be interpreted as
preventing the United States from seiz.
ing and confscating German vessels in
American harbors. q.
Reports from various cities of the
mainland Monday and Sunday last said
that action was taken in several ports
similar TO that which was taken in Ho.
nolulu Sunday. Acting in concert. the
officers and crews Of practically all Ger
man vessels IN American ports disabled
OF sought TO disable them, as did the
oiicers and crews Of the interned and
refugee vessels in Honolulu harbor.s As
q results the vessels were promptly
seized by the United States and their
crews removed, as they were here.
Appam Case In Point
vt is largely upon the provisions of
the treaties Of 1920 and 1928 that the
representatives Of Germany relied in
appealing 70 the Supreme Court Of the
United States in the Appam case. That
case is dissimilar In many respects
from the case Of the German vessels In
Hawaiian waters, but IL also has sew
moi NJ fsfa 80
The Appam, British liner, was cap.
tpred January IS, 1915, by the German
rnider Moewe and taken to Newport
News, Virginia, by prize crew under
Lieutenant Hans Berg. The legal con.
test that ensued, and which Is still un.
decided, brought about demand for
the interpretation, for the first time. Of
the treaties Of 1899 and 1928 by the
supreme Court of the United States.
Bernstorff's Big Bond #..'"=. .
This legal contest itself is now in a
peculiar phase, inasniuch as Count Won
Bernstorff, erstwhile German ambassa
dor, is a party to il as the representa-.
tive Of the government Of Germany.
and IN his name bond Of two milton
dollars has been posted with the fed
eral court authorities, who also hold
nearly three.quarters Of million in
cash, the proceeds of the sale Of the
Appam cargo, pending the court dec.
zion as to ownership. .".@. O.. a&
Millions Involved IL "rl.
Almost from the moment that the
liner passed into Hampton Roads Feb.
ruary I, 1915, after transatlantic
dash of 3,05l miles, the legal contest
for possession Of ship and cargo be-
gan. Together their value is estimated
between $3,000,000 and $4,0O0,OO0, con.
stitnting one Of the richest single prizes
Of the war lice
Right to asylum in American waters
until the war ends, or falling that, to
have disposition of the vessel and car.
80 determined by the state department.
and German government, was claimed
BY the German eaptors.
In an admiralty libel suit, attaching
the Appam and her cargo, the British
and African Steamship Company. Brit,
iah owners, sought repossession. They
denied that German American treaties
OF international law gave the German
elnimants authority to retain the prize.
The German government, claiming
the Appam as a public ship Of war be.
longing by its capture TO the govern.
ments was the real defendant in the
libel suit, although Lieutenant Berg,
prize master, and German Vice Consul
Won Schilling of Norfolk, Virginia,
were the nominal claimants.
British Won First Round
The British owners were successful
In the lower court. Return of vessel
and cargo was ordered in July, 1915,
BY Federal District Judge Waddill Of
Virginia. The manner Of bringing the
Appam into United states waters
Judge Waddill held a violation OF
american neutrality. He interpreted
the German American treaties TO give
no permhneHt, but only temporary,
TN 70 American asylum to German
vhr prizes VI
Upon appeal to the Supreme Court,
bond for s2,00O,0OO was given by Ger,