New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-26
Writ Returns
9 Seized Ships
To Mail Line
CONTINUED from page onc)

as "high handed, arbitrary and without
license or warrant of law"
Adjournment was then made 20 Mr..
Nicoll's office at 81 Broadway where
the voluminous complaint was handed
to the press. Briefly it charged the
Board with misrepresenting the condi-
ton of the ships, particularly the
George Washington which turned out
to be coal burner instead of an oil
burner and that all disputes should be
submitted to arbitration as per the
terms of the contract.
Delaney Nicoll jr. then issued the
following statement to the public:
Judge William P. Burr, of the Su-
preme Court of New York County, has
issued a restraining order adjudging
the acts of the remaining members of
the United States Shipping Board,
Messrs. Schlesinger and Smull, and the
United American Line in seizing the
vessels under charter to the United
States Mail Steamship Company, to be
unlawful Strict injunction is given
that they shall not in any way inter
fere with the passengers, property, YES
sells or anything pertaining to the
United States Mail Company.
"The hearing on the return of the
order will be July %.
Judge Lewis, of the Chancery Divi-
sion, Supreme Court of New Jersey,
issued an order of like nature imme-
diately following the action of Judge
Burr, of New York.
"The United States Mail will continue
the dispatch of the ships of it's fleet and
all business incident thereto as usual"
Later E. A. Quarles, assistant to the
president of the mail company, quail
fed the paragraph relating to the ap-
plication in the New jersey Court by
saying that it YVES "anticipatory," and
such it proved to be as Vice Chancellor
scented, refused to grant it, temporarily
on the ground that he believed he was
without jurisdiction to act in the mat
ter but that he would take the papers
to his home in Paterson and decide
what to do from there 1t is probable
that his decision will be given this
morning.
,, Course Uncertain
In the meantime all was apparent
chaos on the part of the defendants
ping Board after the injunction had
been served on Messrs. Schlesinger
and Smull, the former, accompanied
by small army of advisers, darted
from the building ostensibly to take
action at once to modify or vacate
the injunction obtained by the plain
tiffs.
Accompanying Mr.. Schlesinger were
C. c. Birmingham, c. C. Birmingham
il, 7. Catesby Jones and W. Averill
Hartman. Mr.. Birmingham ST. is the
admiralty lawyer, reputed to be in
tensely intimate with foreign ship
int y m
with the international Mercantile
Marine Corporation as chief counsel
MIR. Smull continued to maintain
that there were other things behind
the seizure than the mere 100000
back rental, and that he and Mr.
Schlesinger would make same public
in due time.
He admitted that he did not know
what action the board would take
legally, whether to seek a modifying
order or a vacating order, but he did
make the admission that he believed
the America would sail to-day under
the United States Mail flag and that
Mr.. Schlesinger would 60 into court
rurnable here and file his answer
Mr.. Smull indicated that the board
had made from twelve to fifteen appli-
cations for payments to the plaintiffs,
and that it was a well known fact in
marine law that when a client was in
default of rental the property as in
this instance could be seized.
Stock Ownership Denied
At the offices of the United Ameri-
can Lines, Inc, 80 Broadway, efforts
to purchase passage on either the
American or the George Washington
were unsuccessful. 1t was apparent
that the injunction order had already
been served upon the officials OF that
company.
r. H. NJ. Robinson, president OF the
American Ship and Commerce Corpora
ton and the American Hawaiian Steam
ship Company, the owning companies
OF the United American Lines, declined
to state what action his associates
would take in the proceedings. He
made it appear that it was the Ship
ping Boards fight and not theirs, al
though naturally interested IN the sue
cess of the governments suit.
The report that cambridge Colby and
Joseph P. Tumulty held stock in the
u. S. Mail Company was exploded by
Mr.. Colby as "void of a scintilla of
truth and naught but pernicious prop
aganda." He denied he was in any
way financially interested in the com
pany.
1t is apparent that the Shipping
Board will leave no stone unturned to
regain possession of the vessels that
were restored to the Nail yesterday