Evening star., 1939-10-24
Germany Determined to Fight
To Bitter End> Says Ribbentrop;
y. S. to Demand F|int's Release
NoziRight to Send
Vessel to Neutral
Port Denied
BY the Associated Press.

The American Government was
expected today to demand that
Russia release the freighter City
OF Flint, which was taken into the
Soviet harbor of Murmansk by q
German prize crew.
1t was reported in official quar-.
ters that the Government would
base this request on the ground
that Germany, in the absence OF
extraordinary circumstances, had
no right to send the 4,963-tor
Maritime Commission vessel into 9
neutral port, regardless Of any con.
traband she might have carried.
While this international aspect
of the seizure of the American yes.
sci was fast developing, the White
House was represented to have ia
ken the view that, insofar as do.
mestic law Is concerned, the City
of Flint was on a perfectly legal
and lawful voyage"
Stephen Early. presidential pres:
secretary, explained that in max
ing this statement he was speaking
only Of American laws and did not
mean that Germany had no right
under international law to seize
the freighter.
Right Of Seizure Studied.
The question of right of seizure
apparently supported by the Ger
mans on their belief that contra
band was aboard-was being inves-
tigated by the State Department.
The first move Of the Government
however, will be to seek release o1
the ship and her crew of AZ, in COM
mand of Capt. Joseph Gainard. The
City Of Flint was captured by the
German cruiser Emden as prize OF
war last week. She was out of New
York, bound to Glasgow, Liverpool
and other English ports.
Already the American Embassy al
Moscow has asked the Soviet gov.
ernment what became of the crew
and at Berlin the Embassy sought
an explanation of the seizure.
The White House, like some legis-
lators. apparently viewed the Incl
dent as strengthening the argument
for amending the Neutrality Act.
"On Legal Voyage"
The situation as regards the City
of Flint, Mr.. Early said, divides
itself into these three parts in the
White Holse view:
1-She was on a perfectly legal
and lawful voyage under existing
laws.
2-Under the revised neutrality bill
requested of Congress, she could not
have sailed on that voyage to a bel
ligerent port.
3-The State Department has sent
cablegrams asking Its representa-
tives at various points abroad to de-
velop the facts and report. The re.
ports now are being awaited.
In requesting Russia, as a neutral
to release the ship and crew, unless
such conditions as storm, lack of
provisions or a breakdown of ma
chinery forced her into port, the
American Government will rest its
case on a traditional American atti-
tude.
Russia. on the other hand, may
rely on Article % of the 1907 Hague
Convention on Neutrality to enable
her to contest the probable United
States claim.
This article stated that "a neu-
tral power may allow prizes to enter
its ports and roadsteads, whether
under convoy or not, when they are
brought there to be sequestrated
pending the decision of a prize
court. It may have the prize taken
to another of its ports.
If the prize is conveyed by q
warship, the prize crew may go on
board the conveying ship.
If the prize Is not under convoy
the prize crew are left at liberty"
Not Accepted by U. S.
When the United States ratified
The Hague convention, it specifical-
ly declined to accept article %.
Russia, therefore, may claim that
the City Of Flint can be detained in
port until a German prize court
decides her fate, but the United
States will say that such detention
is illegal.
The American position, laid down
by statements and decisions of both
the executive and judicial depart
(See CITY OF FLINT, Page A-3D