New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-17

government
Second in Importance to the insur
ance cancellation, was the news from
Italy that the libel of the Pocahontas
IS 20 come up III the Naples court on
Saturday, wher. creditors will demand
the payment of 100000 lire, or the
sale of the vessel 20 meet their bills.
Board Urged Bill Be Paid
There is evidence to show that the
Mail was notified by the board about
two weeks ago of the impending libel
and was told to forestall it by paying
the claims. The company did not do
so. The insurance on this ship has
also been Cancelled. There is every
Board will not permit the ship to be
sold.
Although there was no one in the
city last light to represent the Ship
ping Board in stating what action
could be taken to prevent the sale, it
was said by those familiar with the
situation that the possible step would
be to petition Judge Manton in the
Federal Court to turn the Pocahontas
over to the board in order that it might
pay the bills against her and thus OBJ
tain her release.
Heavy damages are piling up, for
every day that the Pocahontas is de-
laycd in sailing adds to the expense
Hundreds Of INN grants are waiting in
Naples and Genoa for passage for
which they have already paid. it is said,
and the reputation OF the American
passenger service is, it is feared, Being
injured by the air Of mystery sur
rounding her dete ion.
The receiver will have to pay out
SCI 500 by Friday in order to obtain
the release of the boat, which with the
insurance due would amount to approx
imately sl75,o00 including court fees
and other charges that will have to be
raised this week.
Taking Chairman Lasker's statement
Of the supposed insolvency of the Mail
into consideration, experts figure that
the receiver viii be obliged to borrow
money in the face Of the declaration
of the Mail in the two bankruptcy eases
against it, that it could not pay the
claims incorporated therein, which DO
not exceed, it is said, more THAI sou
900.
Apparently the chances of the board
regaining possession of the nine yes
sells are better now than at any time
since the injunction restrained it from
interfering with their operation.
Badwin's Refusal Surprise
The action of Mr.. Baldwin in decin-
ing the receivcrshD was as distinct
surprise as his appointment. He could
not be found throughout the day His
office, at p Pine Street, was thronged
with statesmen of all marine commodi-
ties and services.
At 5 o'clock the following statement
was issued at Mr.. Baldwn's office as
coming from him:
Il deeply appreciate the nor
fcrred upon me by Judge MAJ. in
naming me receiver of the United
States Mail Steamship Company. How
ever, the business matters | have in
hand are such as require my time and
attention, and feel that could not
accept the appointment receiver and
do justice to the interests involved
have accordingly requested Judge Man
ton to relieve ne from the appoint
ment, which he reluctantly has done
1t was said that Mr. Baldwin had re
turned 20 his summer home at Lake
Placid. He is vice president of the
McGraw- II i'll Company, Inc, publishers
Although tne contract between the
Shipping Board and the Mail company
did not contain the particular words
"as is which was a short term used
by Mr.. Laskcr in his statement issued
Sunday to express the legal effect of
the contract by which the board de-
livered and the Mail company agreed
to accept the ships without any war
ranty whatever on the part of the
board, a closer examination of the con-
tract shows the Mail company express
~ guaranteed according to the explicit
terms of the contract, that following
delivery' it would promptly at its
own cost and expense recondition said
vessel. so as to cntitle the vessel to
the highest classification and rating"
The Mail company also agreed that
it would "at its sole expense man.
operate, victual and supply said yes
sci" and would pay all costs and ex-
pcnses incident to the use and opera
ton OF said vessel"
De Lancey Nicoll jr sent out word
from his office that he was not ready
to furnish the financial statement
promised on Monday His representa-
tive said it might be issued to-day.
1t was thought the reported absence
from the city of cambridge Colby. as
sociate counsel with Mr.. Nicoll for
the Mail corporation, might have post
poned the release