New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-07
Supreme Court
Gives Appam to
British Owners
Moewe's Captive Not Ger
man Naval Prize, JUS
tees Decide
Decision Is Unanimous
American Neutrality Violated
by "Depositing Spells of
War" in Harbor
Decision Is Unanimous

Washington. March 6.-The Supreme
Court to-day unanimously decreed
restoration TO her English owners OF
the liner Appam and cargo. brought
into Hampton Roads more than a year
nco by prize crew from the German
raider Moewe. Ship and cargo. valued
az between three and four million dol
lars. must be delivered within thirty
DAYS. as the courts order is final
The decision, written by Justice
Day. afirms DEGREES by Federal Judge
Waddill, Of Virginia, and upholds the
original ruling BY Secretary Lansing
that prizes coming into American
ports, unaccompanied by captor war
ships, have the right to remain cnly
long enough TO make themselves sea-
worthy
American neutrality was violated IN
bringing the Appam into Hampton
Roads, the court says. and neither the
ancient treaties relied upon By Lieu
tenant Berg, the German prize com
mander. the Hague conventions nor
the Declaration of London entities
any belligerents to make American
ports q place for deposit Of prizes as
spoils of war under such circum-
stances.
"The principles of international
law" the opinion adds. leaving the
treaty aside, will not permit the ports
Of the United States 70 be thus used
bv the belligerents If such use were
permitted, it would constitute the
ports of q neutral nation harbors OF
safety into which prizes might be
safely brought and indefinitely kept.
Not Sanctioned by Treaty
1--WE cannot avoid the conclusion
that in thus making use Of an An.erl-
can port there was clear breach of
neutral rights Of this government as
recognized under principles of inter
national law governing he obligations
of neutrals, and that such use of one
of our ports was in nowise sanctioned
by the treaty Of 1893"
Right to asylum in American waters
until the war ends. or, failing that, to
have DISPOSITION Of the vessel and cargo
determined by the State Department
and German government, was claimed
by the German csptors.
In an admiralty libel suit, attaching
the Appsm and her cargo. the British
and African Steamship Company, Brit
ish owners, sought repossession. They
denied that German American treaties
or international law gave the German
claimants authority TO retain the prize.
The British owners were successful In
the lower court. Return of vessel and
cargo was ordered in July, 1916, by
Judge Waddill, who decided that the
Appam, having violated United States
neutrality, must be treated "as sban-
doned and stranded upon our shores
and the owners entitled to restitution
of their property
Upon appeal to the Supreme Court
bond of 100000 was given by the
German claimants TO retain possession:
Receipts of s634,000 from court sale OF
perishable cargo have been held by the
lower court awaiting the Supreme
court mai ueCislOH'
L. s. Government INTERVIEWED
The American government interviewed
in the proceedings, but only as friend
Of the court The State Department had
ruled that its construction OF the
treaties does not give Germany the
right to deposit spoils Of war IN an
American port"
The treaty clause upon which the
German claimants relied in chief de-
clares that the vessels of war. public
and private, Of both parties shall carry
freely the vessels and effects
taken from enemies. nor
shall such prizes be arrested, searched
or put under legal process"
The Appam was appraised AT $1,000
600 She is 440 feet long and of $500
tons. Her cargo, from the West Afri-
can coast, was estimated at between
s.. O0O, 900 and 100000. In addition,
about 81 100000 in gold bullion was re-
ported 10 have been taken of by the
Moewe.
The Appam's capture was regarded
one Of the most spectacular sea eX-
plots Of the war Intercepted OF the
Madeira Islands while en- route from
Africa 20 Liverpool, Lieutenant Hans
Berg and his prize crew Of twenty-five
men ran the vessel 1901 miles TO New
port News. arriving February !, 1916
Bombs were placed throughout the yes
sci and the vessels crew Of about 100
and also 500 passengers were kept un-
der subsection BY threats OF the captorS
20 blow up the snip.