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REQUISITIOSED SHIPS, DISTRIBUTION OF PAYMENT. RIGHTS OF OWNERS AND CHARTERERS,
Mr. Justice Rowlate delivered 'a con- sidered judgment recently in a case
AUGUST 9г. 1917
claim for breach of contract. Lords THE EXPANSION OF PRUSSIA Loreburn, Haldane, and Atkinson were clearly of that opinion in the Tamplin ense (supra),
In these circumstances the practical
HY WW, TARK.] Bismarck's three wars were "part of one connected policy. We shall not, however, touch on the complicated origins of the war of 1570, which forms, strictly speak.
question which have to consider is whether the requisition of these steamers, or any one of them, portended when made, or has at any time, up to the date am of trial come to portend-for I authorized by the agreement of the inquiry that the Government user- substantially the remainder of the charter but we shall give a slight sketch of Bis period. 1
use the words of Lord Lore-marck's activities from 1863 to 1866. The urn in the Tamplin case (supra).
BACK FROM RUSSIA.
HOPEFUL VIEW OF LABOUR DELEGATES.
A complimentary dinner was given at the House of Cominons to Mr. James O'Grady, M.P., Lieutenant Sanders, and Mr. Will Thorne, M.P., the Labour
their return to England. Mr. Hodge, M.P., the Minister for Labour, was in the
which raised an important question aries-so-to extend continue for ing, no part of the expansion of Prra delegation to Russia, on the occasion..of
to the principle on which payments by the Admiralty for hire of requisitioned vessel, should be distributed betwran the owners and the charterers.
THE DURATION OF THE REQUISITION.
state
Over Schies ein
chair.
revolution. The
Schleswig
In proposing the toast of "The. Guests Now on the question of time there was spirit of the old Prussia had taken on a The plaintiffs, the Chinese Engineering evidence before me, that the volume of subtler shape, but it was the same spirit of the Evening, the Chairman said they rod yanng Company Limited), by requisitioning has been rapidly growing
In 1802, when Bismarck became Minister had already sent to Russia the greetings the labour movement in this country satte underparties dated July 20th, and that to-day practically the whole of President of Prussia, he said to Disteli on the grent miracle that bad happened 1013, December 24th, 1913, and July 11th,
that class of British vessels with which
to relare. None of them ever anticipated 1914, chartered three steamers, the this case is concerned are under regnisi
"My first care will be
gained so speedily and with so little Albian, the Britton, and the antion, so that there is very little chance organise the army. When the army has that Russian freedoms would have beer shan, from the defendants, Messrs. Sale of any of these ships being released dur en brought to such a state as to com-bloodshed. We, the oldest democracy in & Co., for periods of five years from thing the war. Evidence was also given
The dates of delivery of the ships.
of statements made in Parliament on mand respect, then I will take the first the world, hailed whole-heartedly and with with every good wish the freedom they had to declare War Alleen was delivered to the plaintiffs behalf of the Ministry confirming that opportunity
won, and wished that the Russians would on December 10th, 1913, the birden view, and it was further suggested that Austria." His consistent policy was to on May 25th, 1914, and the. Tenken on requisitioning, or at least control of make Prussia the first State in Germany soun consolidate it. (Cheers.)
Mr. O'Grady, in replying, said that the March 9th, 1915. The ships were to be shipping on the same scale would proband drive out Austria. He was called to employed between ports in East Asia,ably, continue after the war. But the power to aid the King, William I, and delegation which went to Russia had no and were to be redelivered at the expira
Roon to increase the army as Parliamandale, except from the British Govern ment opposed, he dismissed it year by ment, to express to the Russian people tion of the charterparties at Chinwang earliest of these charters to determine
Fear and governed without. His opening generally the unanimous greetings of the tao, Shanghai, or Hongkong at charanely, that of the Iliana, will not axpire until December, 1918, and I can
British people, and their hopes and con- terers' option. The owners had to payot assume that the war will last till came in 1803
gratulations on the final success of the (inter alia) for the insurance of the then, nor can I assume that the Govern-There had long been a
While they were carrying steamers and maintain them in a thor- ment will interfere with these ships after question; but in 1903 it became neute.
that
message they were told to do all they oughly efficient state. The clusterparty the return of peace, It is true that theThe matter stood somewhat thus hire for the dibina was £1,170 a month.ships have been taken for an indefinite two Duchies were hot part of Denmark, cold to anke the position of the British the Bimbledon £1.158 18., and the Tazy-time, and that no one can say that this but were ruled by the King of Denmark workers understood to the Russian people Holstein was German, and was a member In all the cities that they visited, and of affairs will terminate before the shan 1,129 10s. d.
among the great Russian army, they were of the German Confederation; The Admiralty requisitioned all three charters would have expired even in the
It was enthusiastically received and welcomed. was largely Danish, and was not. steamers. The thiam was requisitioned as of the latest of them, that of the an Faly 8th, 1915. She was released by Tags, which would have continuel, claimed in Germany, and denied in Den- (Cheers.) When they reached Petrograd mark, that by ancient charters and they went to the people who represented the Admiralty on September 22nd, 1915. lead she not been sunke, till March, 1920. and requisitioned again on December But I do not think that any at liberty customs the two must always be ruled by the Russian democracy, and got into en- tact with the Workinen and. Soldiers' They told them of the four 18th, 1916, the Admiralty hire being to look at it in that way. I must ap- the same man, and must not be incor £1,983 17%, a month. The Winbledon was preach it as Lord Lorehurn did when he porated with Denmark; the question is Council. requisitioned on August 7th, 1914. She said that it must be established that still disputed. Frederick VII. of Denmillions of a volunteer army which i bean created, of the efforts of the working was released on December 24th, 1914, and the interference would last aubstantially mark was likely to die thildless; and a
to the end of the charter period. On this conference of the Powers held at London men in munition factories, and what the was again requisitioned on January 8th,
wenon were doing. They told, them, niso, part of the case I come to the conclusion, in 1852 had agreed upon Christian of
that whatever the wars of the past might 1916, the Admiralty hire being £2,071 175, a month. The Tangshan was re-
that none of these charterparties has Gluckshury as his successor to the whole,
But Christian claimed through the female have been, this war was not a capitalist' quisitioned on January 1st, 1916, the come to an end.
war. He begged of them not to take a Admiralty hire being £2,199 is, a month. The question remains whether the charline; this was valid for Denmark, but it
terers are entitled to the whole of the was claimed in Germany that the Duchies pessimistic view of things. helped o She was sunk in the Mediterranean by
submarine, May 15th, 1917. The other Admiralty hire or whether they must share were under Salic law, in which case, least of all the great souls that were in the Provisional Government and were two ships were still in requisition. it with the owners. In this case the use of Frederick, Duke of Augustenburg, was
The Admiralty form of charterparty the vessels by the Admiralty is not such as heir. Prussia and Austria were parties directing their country along the paths to the London Protocol, but the Germanic of honour and duty. The greatest help this country could reader was to back provided that the steamers were to be the charterers could have enjoyed them.
Confederation and Augustenburg were
The Duke's father had, however,those great souls in the work they were employed between such ports in any part elves under their charterparties or con- of the world as the Admiralty "might|ferred on others by sub-charters. If that not. direct, and that the stemmers should be had been the case the Admiralty hire excented a sort of renunciation of his doing for the liberties of the world.
In these circumi- redelivered to the owners at any limited weald have been paid for something rights, hat Augustenburg declared this
did not bind himself. Kingdom coal port; that the owners which it lay exclusisely in the hands of should pay (inter alia) for the insurance the charterers to enjoy or transfer, with stances Frederick V., just hefare le died, promulgated any Constitution, of the ship; and that the Admiralty at any right in the owner, to object.
Christian ancceeded. and Denmark. should not be liable if the steaner should The compulsory charter to the Admity practically incorporating Schleswig with be loss or damaged by sea risk.
would have been equivalent to a compul
signed the Constitution, though the from the plaintiffs clailed The
sory subcharter taking effect entirely out Ambassadors of the Powers warned him no sapport. defendants £18,310, the balance of the
of the charterers interest, and the char- that he could expect
claimed the suus received by the defendants from the
terers would have had to be regarded as Augustenburg
otice Яt
(Cheers.)
Admiralty for the three steamers, and solly natitled to the position of owners dechies: he was supported by William an effective part by means of an offensivo
-
THE PRINCIPLE OF DIVISION.
It was agreed that the figures were in
for
in
ploved ander the charterparlies to the be referred but I think that I ought to demanding the repeal of the would in a short sine show not only that
K.C., and Mr. R. & Wright for the
defendants,
JUDUMENT.
of
give some guidance as to the principle sawed that the conditions of the Admiral to be followed. The evidence before me.
for insurance and other disbursements,
Mr. Thorne said the liberty which the Russian people had gained would be used in the best interests of the Allies. The
The delegation spent 10 days with the Armies, and the opinion they formed was stances be what they may the Armies were that let the conditions and the circuns not going to have a separate peace. his wind that Russia and her soldiers (Cheers.) He had no shadow of doubt in cold and would be able this year to play
also a declaration that they were ontitled
In this great struggle Russia beld the key to the sams receivable by the defendants for the purposes of the Admiralty chay Austria and Germany generally, but not to bring the war to a close. (fear, hear.) hack them not merely with money and from the Admiralty less the chartererparts, and as much solely entitled by Bismarck Bismarck had no fares
the Admiralty hire, Here, however, than independent Schleswig-Holstein. He of the situation. This country had got to party hire
them. The defendants by their defence said Admiralty lure is being paid portly for a bad two things firmly in mind: ole. We caterial, but by showing we had faith
He hoped their mission would use of the vessels to which the charterers Austria; the other, that Prussin unist that the charterparties were dissolved by
have
done goud He believed it had done were not entitled to put them in return have the duchies, so that the Kiel canal the
could be ent through Prussian soil. He
some good. They went out with the late counterclaimed and, alternatively, they
for a declaration that the for the hire which they pay to te owners
intentions; they did clean, good work; and he should be h compensation in received from the Therefore, the Admiralty charter takes took his stand on the London Protocol
Constitution was a breach of that treaty
to the success of Admiralty was divisible between thefect partly out of the interests of the 1852, and declared that the November plaintiffs and the defendants accord.ng chaitrjers and partly out of that of the
which Prussia must defend; he thought work had contray to know that chat to their respective rights and interests, owners. In use circumstances the Ad-
of the Russian nation. (Cheers.) in turn enable him to tear up the London
Lieutenant Sanders said he came back Evidence was given that the amount miralty hire make clearly la divided he this must lead to war, and that war could the Russian people, and to the happiness payable by the owners for disbursements, tween the twat was pointed out
Protocol. He secured the agreement of
from Russia feeling that it great especially for the insurance of the ships, Lord Parker in the Tamplin case, Austria to the defence of the Protoes, for
Austria did not detect his ulterior object; people, unspoiled by tyranny, full u when employed by the Admiralty, was
intelligence, and filled with an ability very much greater than the ameint pay-
and the two Pawers sent Christian an which they had never been allowed traits. able by them when the ships were
Constitution by a giver date.
could organiza pressions by hundreds of thousands of people to plaintiffs between East Asiatic ports. W. Recburn heard for the slain
Christian might yield and avoid war, brate the death of their ple to celer Mr. F. D. Mackinnon, K.C., and Mr.
There was, however, always the chance that they tiffs: Sir John Sinon, K. C... Mr. Rochol. I ty chatter were more on runs to the Bismarck later told Bust that he had martyrs, but would be able to reorganize
safeguarded that point by lending the
their great Army which had fought finer owner, involving him in higher payments Danes to think that England would say than any of the Allied Armites, seeing
He made 4 than tie echtditions of the plaintiffs or them: but he took more effectuals had fought without arms, for their
precautions than that. Mr. Justice Rowlatt in his judgment, tharters, and shis curtainly is one ele impossible for Denmark to agree, bad ghent ideals of liberty and not for a Tsar, the Mission was convinced that the said: It is essential to bear in mind the ment to be considered. I andersion Mr. wished: for Christian could not repealt had been a political Revolution, and nature of the paynight, which the Ad Mackinnon, for de charterers, to sug the Constitution without the Rigsrad, Russian soldiers would yet play their part miralty has made, namely, that it is hire gest that the owners and be compen and Bismarck had fixed his date in the all along the line. (Cheers.) for the use of the vessels monthly The sated for any extra expense of this kind, ultimatum easier than the earliest day charterers, though they had no possesion and that the charterers should take the on which the new Rigsrad could meet, of these ships under their charterparty.balance. do not think that this is en He thus got his war and by the perce had a valuable contractual interest in rect nor, if i Admiralty hire were of Vienna Denmark ended the two Duchics their services, for the destruction lower than it happens to be in this case and Lauenburg, which were jointly which the Crown might justly make would it always be just to the chatterers, occupied by Prussia and Austria.
• Bismarck meant to have the vehien compensation. But I have no fund of think a proportional division must be that kind to deal with, and if the wan's made it very ene even where the Ad Austria desired them to be an indepen of the action of the Government has heat miralty: hire is less than the hire paid dient number of the Confederation under Berhia, and all the places they had
Bismarck pretended to to destroy the charterparties. they have by the time charterers.
However small Augustenburg destroyed them without providing for is it forms the only fund out of which nee to this on terms; the terms are compensation to the charterers. The bath parties must be paid for the invasion interesting, as one of the first exposition of the German doctrine of to-day that you lave ignored them, and havo put them
of their respective rights and internet, do not need political annexation to annex selves in the position of compulsory and paid par Ts in the proper pro a country. Kiel was to be a Prassing charterers direct from the owners, to portions. This proportion must be found nort: the canal to be made by, and belongvinced of it, that the Russian soldiers whom in that case the hire they pay by ascertaining to fairly as possible, first, to. Prussia: Prussia to control the posts, would belong. If, however, the charters aro nat destroyed the charterers are what the owners could properly demand telegrapha and railways; the army to be
Replying to the toast of "Russin," continue to pay the hire to the monthly for altering the charter to the organised on the Prussian model, be
which had been proposed by Mr. G. H. owners, and are entitled as between them Admiralty form, and, secondly, what incorporated with the Prussian, and take and the owners to the use of the vessels, the charterers could properly demand the oath to the King of Prussia: the Roberts (Parliamentary Secretary to the nad. as pointed out by Lord Loreburn monthly for the loss of the benefit of the lushies to join the Prussian Customs Board of Trade), Mr. M. C. Nabokoff Cnion: Austria of course refused, as the (Russian Minister Plenipotentiary) said in the Tamplin case (32 The Times Law charter first sum should not only include a meant to do; and the Prussian fleet that when Russia talked of no annexa
thu 3pq༽ Reports, 677: (1918) 2. A÷r9
to indemnify the erupted Kiel. But Bismarck did not tions and no indemnities she meant that owners must account for any hire received what is necessary
would be for instance, in them for such use,
owners against extra expense, but also want war at the moment: for Gernian It is for these reasons that to deter surnething to represent what they might opinion was with Austria, believing that beate or not he made, the water of tha mine the ownership of the fund in dis reasonably have asked for contenting to le stood for Augustenburg and justice 19th century, but that peice hereafter puto it is necessary to see whether the alter the charter at all. If they had been So a compromise was effected. Bismarck would have to be made by men represent
had already managed to discredit
Ing. the democracies. The principles of action of the Government has destroyed treo they could have bargained for that. Augustenburg by giving to the Press a the 18th and 19th centuries would be the charterparties by virtue of what one The second tum must not include any version of a private interview he had had thrown
the waste paper basket, and may briefly refer to as the doctrine in thing for special loss possibly inflicted with the Duke, in which the latter was international relations would have to be Paredin Jane (Alleyn, 26), a upon the charterers by reason of disloen-made to say that he had never asked put on a different basis. He believed developed by níodern cases,
That doctrine. as a general rule of tion of the trade for which they happen. Prussia for help and could have done that the Labour delegation had helped nd in fact to require the ships, but must very well without if the Duke denied law of contracts must apply to time he fixed on the basis of the value of the that he had said this, but the mud stuck. Russia to realize the truth, and it was charters as to other contracts, he was nointed out by my brother Atkin in vd ships' services pursuant to the time har Bismarck now managed to discredit his fervent hope that the British uation lishment of those principles, especially Royal Belge Société Anonyme v. Stathators in the tonnage market. The ratio Austria in turn in German eyes by his would help them to work out the estab
between the tan stins will be the ratio in compromise with her (treaty of Gastein, the constructive work, which were going. tos (33 The Times The Banorts, 300)
to be carried out in the 20th century. Rut there, are many kinds of events and which the Admiralty hire will be divided 14th August, 1885); under this Prussin circumstances which in different con
As that hire must be treated as fixed on annexed Lauenburg for a cash payment (Cheera.) nertions have been held to call the rule the day of the requisition the two gums and it was agreed that Prussia into operation: The simplest ense of all forming the ratio must be calentated with administer Schleswig and Austrin Hol- This turned public opinion it where there has been destruction of reference, to the valutes ruling on that stein.
Austria a Bismarck intended specific subject matter. There is how same day. Further, they must be after all, she seemed to be no better than
He had nowy
bound
against
#ever," & very particular and social calculated on the footing that the POESIA EUFred Austria into.
delegation told the Russian democracy straight what the position of the working classes in this country was that thero must be no peace until the Gerines were cleared out of France, and Belgium, and invaded, and had made reparation for the destruction they had done to our mercan tile marine and by air raids,
What the people of this country wanted to know was about the military situation. He could tell them, being fraly con would play their part and would have na German domination. (Cheers.)
into
SPECIAL U-BOAT DEPARTMENT. IN FRANCE.
instance of its nuplication, and that is requisition is to last for an inde
A decree which has been published all that his happened is delay, finite time but to expires the position he desired: and he dropped transfers the French anti-submarine de wat delar certain to he so prolonged as stantially before the expiration of fie the mask. He found fault with the lensive service from the Ministry of to destroy the possibility of performance time charters. This is because the proAustrian administration of Holstein, of the contract asset all contemplated.spective length of the interruption may which formed a pleasant contrast to the Marine to a Submarine War Depart
Lord Ireburp in the Tamuslin case WILLEM HEYBLOM,
tamiral clearly held that if the infas possibly have a hearing even on the rate Prussian administration of Schleswig meat, which will combine all the services ampl Funtion was borne for ent up the whole per month which the respective parties may and when Austria replied that she could assisting in the defence against suh-
be regarded as justly demanding. There not allow Prussia to interfere in Hol marines, and will be given Werthermore, I think it is settled that will be liberty to apply as to the form of stein, be answered that he must consider facilities and powers and
Rear-Admiral this results follows notwithstanding that
henceforth of the the ovent lending to the delay is on the The plaintiffs to have has costs of the Powers had lost their intimate character. occurrence of which in prevented bean claim and the defendants the costs of Austria now saw that war was inevitable
and began to arm. exceptions clause from giving rise to the counter-claim
POWELL'S BUILDING.
time that would destroy the enstziet
ha
casure
of autonomy, Merveilleux du Vigonu
War Department. will have control of the new Submarine