JAPANESE PRIZE CASES THE GERMAN STEAMSHIP "ZUIMO" AND ITS CARGO Nov. 21, 1914, March 29, 1915 (Japanese supreme prize court and prize court at Sasebo) Decision, concerning the case of the seizure of the German steamship Zuimo and its cargo in the supreme prize court and the prize court at Sasebo. A Concerning the case of the seizure of the German steamship Zuimo and its cargo, the prize court at Sasebo rendered the decision on the 21st day of November of the third year of Taisho (A. D. 1914) as follows: DECISION Petitioner: Hamburg-Amerikanische Packetfahrt Actiengesellschaft, of Hamburg, Germany. Representative: George Bohlsen, Hamburg-American Line, Shanghai, China. Deputy: Robert Copus, Kitanomachi, Kobe. Counsellor for petitioner: Jõei Hirata, counsellor at law. Sasebo prize The prize court at Sasebo renders the decision con- Judgment of cerning the case of the seizure of the German steamship court. Zuimo and its cargo, as follows: TEXT The German steamship Zuimo and its cargo on board, consisting of 600 tons of Miike coal, 900 tons of Cardiff coal, 60 barrels of machine oil, and 3 cases of medical supplies shall be condemned as prize. FACTS AND REASONS fact. The steamship Zuimo is owned by the Hamburg- Statement of American Steamship Co. of Germany, registered at Hamburg, Germany, having its seat at Shanghai, China, and is a merchantman solely engaged in transportation of goods, under the German flag. 33474-251-12 161 Argument for plaintiff. When the war broke out between Germany, on one hand, and Russia, France, and Great Britain, on the other, in the early period of August, the third year of Taisho (A. D. 1914) the ship was laden at Shanghai, by the order of the said steamship company, with 600 tons of Miike coal, 900 tons of Cardiff coal, 60 barrels of machine oil, and 3 cases of medical supplies, all of which belonged to the same company. The ship left Shanghai on the 7th of that month inorder to supply the German fleet which was cruising in the southern Pacific, though feigning to be heading toward Kobe, Japan, as its destination; and reached, after direct voyage, on August 14, the Pagan Island, of German possession, where it stayed at anchorage or in cruising around there. On the 23d day of that month the war broke out between this country and Germany, but the ship remained in the same condition until September 7, when it sailed farther south to the Saipan Island, of German possession, where it stayed for several days in a port of the island named Tanapag. Thus it expected to furnish the German fleet with the supplies on board. But, as it had no opportunity as yet in meeting the said fleet, it decided to sail for the "disguising" destination in order to supplement foodstuffs. Leaving the port Tanapag of the said Saipan Island on September 8, it made a stop at the Pagan Island, after which it sailed on toward Kobe. It was about 2 o'clock in the morning of the 15th day of September when the said ship with its cargo was captured at sea by the Hatsuharu, a destroyer of the Imperial Japanese Navy, at about 400 meters north of Tomogashuna of the Kidan-Strait. The above facts were clearly established by the report of the acting commander, Bunichi Harada, of the destroyer Hatsuharu, lieutenant of the Imperial Japanese Navy; by the statements made by Capt. Fritz von Bilgrim of the steamship Zuimo, Chief Mate Johann Nansch, and one of the crew, a Li Yao Cheng; by the report of the examination of the log book provided in the said ship; by the nature of the cargo itself; and also by the incompleteness of the records related to the ship. The points maintained by the counsellor for the petitioners are as follows: That the steamship Zuimo and its cargo on board are altogether possessed by the petitioners; that since the ship was entirely ignorant of the THE ZUIMO outbreak of the war between Japan and Germany until it was captured on September 15 at the Kidan-Strait, after leaving Shanghai, as its "last starting port," release of the ship should be made by virtue of the imperial ordinance No. 163, article 5; that the fact that the ship made temporary anchorages at the Pagan and Saipan Islands amounts to no more than that it cast anchor at the "no-man's island of an unknown sea"; it should not, therefore, be considered in its later relationships as its last starting port" or the so-called "the national port of the ship" or "the neutral port" as is mentioned. in the last section of the said article; that, as the ship is solely used for the regional, limited navigation, it should be released, together with its cargo, by virtue of the naval order No. 8, article 25, and that, since the cargo was not carried with the view of belligerent purposes, the ship and its cargo on board should be released. On the other hand, the public procurator of the prize Argument court maintains, in brief, that the ship and its cargo should be seized because they are clearly "enemy ship and enemy cargo," and, furthermore, they do not come under the provisions which are provided for special exemption. 163 condemnation. of private property This court is of opinion that at the present generation Capture of the precedents and established rules of the international at sea. law justly recognize the right of a belligerent power to seize any enemy ship and enemy goods on the sea in time of war, except those which are exempted by virtue of international law, or those which come under the provisions specifically providing for such exemption between the participating belligerents; and our laws and regulations concerning the maritime capture are nothing but the adoption of these principles. hostilities. Now as to this case, it is the opinion of this court that there Ignorance of is scarcely any doubt about the enemy character of the ship and cargo, for the steamship Zuimo is justly entitled to fly the German flag, and the cargo on board is possessed by a company of German nationality. The imperial ordinance No. 163, article 5, section 1, of the third year of Taisho (A. D. 1914) should be interpreted as being without applicability to a ship which, though ignorant of the fact of the existence of war, sailed from its last port after the outbreak of war. It can not be denied that the ship was at anchor at Tanapag Harbor of the Saipan Island of German possession after the declara Decision noubing but its very fira a "UT his case. Obvie WHIT THECAE WOC A. D. 1914), should be interprete ing more than the small craft engage 1 amp portation with and among the negriberg 12 ) Toranon of goods, navigating alle gre xemption. It should as Such bear the seizure or them is the minaz of the court the the suit steametur a cargo on board s justutinine an tuar me a he vratemned as stated 11 the text At the pr 21st day of November of the third year of Jes I 1914. presence of Matsukichi Decision rendere wama, public procurator 1 Tezuka, president. the prize court at Sasebo: its cargo on t Komaki, counsellor, the prize court at Sasebo; Hirose, counsellor the prize court at Sasebo: urt at Sasebo. Baaki, secreta" APPEAL B Upon appeal from the above decision the supreme Appen prize court has rendered its decision on the 29th day of last month (March 29, 1915, as follows: DECISION Petitioner: Hamburg-Amerikanische Packetfair Actiengesellschaft, of Hamburg. Germany. Representative: George Bolsen. Hazing Americas Line, Shanghai, China. Deputy: Robert Copus. Kitanomabi. Kobe Counsellor for petitioner: Jei Hinata omelite 21 law. The supreme prize court considers in the presence of the procurators, Hideyos Arimate and Embers Suzuki, J. D., the appeal & dersane of the proze court at Sasebo rendered on the Indy of Sorense of the third year of Tab A D. H ized the condemnation the Games Bis Ze of medical supplies all of wit proda The points of the process provide Brun counsellor for the petten al follows: 165 |