File No. 300.115/1844
The Consul General at London (Skinner) to the Secretary of State
London, November 18, 1914.
[Received December 14.]
No. 144]
Sir: Referring to the Department’s instruction No 37, dated October 31 (File No. 300.115/860), I have the honor to state that my suggestion that this vessel [the Sturmfels] be permitted to continue on her voyage to New York under a safe-conduct has not been accepted by the British Government.
Secretary Harcourt, of the Colonial Office, writing under date of November 9, states:
With regard to the Sturmfels which would appear from your letter to be lying in the Italian port of Massowah [Massaua], Mr. Harcourt regrets that it is not possible for him to afford any assistance.
In this connection the following letter received by Lloyd’s from their correspondent at Naples, and dated October 27, is of interest, as indicating the line of conduct which cargo interests should follow in order to recover property contained in German ships seeking refuge in Italian ports:
The German steamer Rhenania, which left Kilindini on July 20 bound for Hamburg, put into this port on July 26, Efforts have been successfully made to obtain discharge of her cargo.
A certain Italian bank, acting on behalf of receivers of cargo, entered an action against the captain and owners of the Rhenania. The receivers refused to pay a 10 per cent deposit for general average which had been demanded, and also claimed damages for detention of goods.
A verdict has been given in favor of plaintiffs, and the following are the principal points in the judgment:
- (1)
- Delivery of goods against complete sets of bills of lading;
- (2)
- Proportionate freight to be paid and deposit to cover expenses, subject to adjustment;
- (3)
- The steamer to be liable for damage to the cargo by deterioration caused by detention.
The Rhenania has commenced discharging into bonded warehouses, and delivery is granted.
I have cabled the Department briefly respecting the above matter as directed in my instruction.
I have [etc.]