Evening star., 1925-12-02
!. N. {. A. STATUS
! IN WAR At ISSUE
Germany Opposes Y Mans
Claim for Property Lost on
Torpedoed Steamer.

Were Y. NJ. G. \. workers who
went overseas during the World War
soldiers or civilians" The German
government contends that they were
Of military status. The United states
maintains that they We're civilians.
pure and simple. and, as victims OF
German submarine attack. were en-.
titled to damages in the capacity OF
private American citizens.
The issue. with the difference of
opinion above mentioned. has Just
heen raised in the Mixed Claims Com
mission, which is now engaged here
in the adjudication OF war claims
AGAINST the German government by
citizens of the United States Con
troVerSy ranges around the demand
OF Arthur l.. HunEerford of Baltimore
for $l.529. covering the loss of his
personal property when the British
steamship OronSa was torpedOed and
sunk by a German submarine at the
end of April. 1918. Mr.. Hungerford
was the leader of a party of 81 young
men en- route, via England. to the
American war zone in France on Y.
NJ. c. \. work.
Cites Case of Tanker Captain.
Karl Won LewinsE, the agent of
Cieraany before the Mixed Claims
Commission. on behalf of his govern
ment. denies Mr.. Iiungerford'S right
In reparation for the loss "f his prop
erty. The German agent contends
that eat tho time of loss the claimant
did not helon" to the civilian popula
tion Of the United States" In sup
port of that contention. Herr Won
lewinSki cites the commissions $ deCi-
sion in the case of Christian Damson.
master OF the United States Army
transport Joseph CudahY. an Oil-tank-
eT. The Cudahy was summarized. and
DamSon'S private claim for damages
was denied by the commission on the
ground that he was an American ma
tional in the exclusive employ and pay
of the United States Government in
time of war" and therefore not en-
titled to sue in his private capacity
for damages from a country with
which his Government had been at
war.
In the Y. NJ. {. \. case now at issue.
the German agent argues that the
personal property. which the claimant
required for his immediate personal
Use and which was hy him deliber-
ately carried into the Zore of war and
exposed to risks TO which the prop
ertY Of civilians was not generally
exposed. was impressed with the mill
tary character of the claimant. and
that its loss does, therefore, not come
under the class of losses for which
Germany is financially responsible un-
der the treaties"
"1" Workers Not Paid by L. s.
Joseph c. Fehr of counsel for the
United States before the mixed claims
commission has submitted a brief
which counters the German govern
ment'S contentious at all points Mr.
fehr argues that the Damson case
is not controlling in the determination
of the Hungerford claim because the
\. NJ. {. y. party was aboard the
OTOnsa as civilian PASSENGERS, who
were neither in the employ nor paw
of the United States Government or
in any OF its departments They
were subject To no military jurisdic-
ton, received no compensation from
the United States Government and
had their expenses paid by the Y. NJ.
{. \. out OF money raised through
popular subscription. The United
States counsel points out that each
man was furnished his uniform. over
coat. cap. mess kit and other minor
equipment by the Y. NJ. {. 4. either
on cash sale or charge account
hI":s. and contends. therefore. that
these articles were entirely each
mans own property. It is further de
clared that neither ITungerford nor
his associate Y. NJ. &. y. workers car
ried arms of any kind while aboard
the Oronsa
Denied Federal Insurance
Further to establish the distinctly
non-military character Of Y. NJ G. A.
workers. the United States maintains
that while serving with the American
eNpeditionary forces they were regard
ed exclusively as civilian. They were
not required to take an oath for serv-
ice in American CantOnmentS. or while
with the armies in the field. or at any
time while members of the Y NJ c. A.
To clinch his argument that the ''Y'
men were not soldiers, Mr.. Fehr
quotes the judge advocate general of
the United States as repeatedly hold