New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-26
America Will Sail To-day
Under Flag of Concern
Declared To Be Heavily
in Debt to Government
Board Gets Ready
For Legal Battle
Wilson's Law Partner.
Colby, Has a Part in
Injunction Proceedings

Alter legal action without parallel
in the history of the American Mer-
chant Marine the United States Mail
Steamship Company, through injunc-
tion proceedings in the New York State
Supreme Court, yesterday, regaincd
possession of the nine vessels that
were seized last week by the United
States Shipping Board. A similar ap-
plication for an injunction in New
Jersey was temporarily denied.
Henry W. Taft and Mr.. Schlcsinger
found Supreme Court Justice Burr at
the Manhattan Club and appealed to
him in behalf of the Shipping Board 70
vacate the injunction he had issued
earlier in the day. They asserted that
whether the action was right or wrong
the seizure was an accomplished fact
and not subject to restraint by injunc-
tion. Justice Burr, however, declined
to vacate the injunction and warned his
callers against infringing upon it's pro-
visions.
Mr.. Schlesinger set out for Washing
ton at midnight, whittier J. Barlow
Smull had preceded him by six hours.
Jersey Action Delayed
De Lanccy Nicoll, one of the ATTORNEYS
Of record for the plaintiffs, advised his
clients last night that the restraining
order issued by Justice William p,
Burr earlier in the day applied to the
George Washington and the America in
Hoboken, as we'll as to the Susque-
hanna, President Grant ard Agamem-
non on this side of the North River.
Application was made, however, to
% !, 1Ny~ T
for similar order, but that Judge
declined to act until he had gone more
carefully into the law on the matter
and will probably announce his deci-
sion to-day.
According to the attorneys for the
Mail company the America will sail
to-day from her pier in Hoboken
under her original management, instead
of flying the flag of the Hartman in
terests, to whom she was allocated.
Night Conference Held
No statement of the governments
position legally in the matter was
given out at the boards headquarters
Elmer Schlesnger, general counsel
was engaged with C. c. Birmingham
c. c. Birmingham jr. and r. Catchy
Jones, admiralty lawyers, and VI
Averell Hartman, Of the United Amer
lean Lines, in secret conference last
night to determine what action the
board would take to Offset the iniunc-
tlon proceedings.
j. Barlow Smuil, president of
the Emergency Fleet Corporation
phase of the proceedings, admitted that
the America would probably sail under
the charge of her old owners, subject
to q disposition Of the injunction pro-
ceedings. The Mail Company put up
bond of $4,000 to guarantee its
good faith.
Added interest was given to the mer-
chant marine tangle when Bainbridge
Colby, who is associated with ex-
President Wilson in the law firm of
Wilson & Colby, SO Nassau Street, and
Mr.. Nicoll appeared as advisory coun-
sci before Judge William P Burr in
Fart IL of the New York Supreme Court
yesterday soon before l p. m. and filed
an application for an injunction re-
straining the United States Shipping
Board from transferring the nine yes
sells chartered to the Mail Company, and
which they had seized, to any other
steamship interests. particularly the
Hartman lines.
Order Granted Quickly
The lawyers were in executive ses-
sion in the Judges chambers for fifteer
minutes when they eventually made
their appearance bringing with them
favorable court action on their peti-
ton. They announced that Justice
Burr had signed an order reetra lining
the defendants from managing, con-
trolling or operating the property of
the United States Mail Steamship Com
pany and that the order was returoable
Thursday, July %.
The defendants named were the
Shipping Board. Mr.. Schlesinger, Mr.
Smull, the United American Lines
Thomas D. Mccarthy, the United States
Marshal who seized the ships here and
otLer members of the Shipping Board
Mr.. Colby announced that the courts
order restored the ships to the status
quo before the seizure and thus pre-.
vented the sailing of the America, to-
day, under the Hartman management
He further characterized the seizure
Continued pass thrse)