CHAPTER THREE THE DETENTION OF KRONPRINS GUSTAF ADOLF AND PACIFIC. Against the broad background of the military needs of the Associated Powers, told in the foregoing chapter, occurred the detention of the M.S. Kronprins Gustaf Adolf and Pacific. The principal characters, in the order in which they appear in this narrative, are: Emil Lewenhagen, Master of the Johnson Line motor vessel, Kronprins Gustaf Adolf. Adolf Meyer, Master of the Johnson Line motor vessel, Pacific. Gösta Ekström, American representative of the Johnson Line, stationed at New York City. Philip S. Dean, New York lawyer, retained by Ekström. George Dalzell, Washington lawyer, retained by Dean for Ekström. A. R. Nordvall, Delegate of the Royal Swedish Government to the United States. Vance McCormick, Chairman of the United States Exports Council; later Chairman of Exports Administrative Board; later Chairman of War Trade Board. L. L. Richards, Director of the Bureau of Transportation of the United States War Trade Board. W. A. F. Ekengren, Minister of Sweden to the United States. Prentiss Gray, Director of the American office of the Commission For Relief in Belgium. THE VESSELS ARRIVE IN AMERICAN WATERS. In the latter part of June, 1917, two of the larger Johnson Line vessels were plying the waters of the Atlantic off the coast of the [131100 0-32- 41 United States. Coming from the north in ballast, with her hull damaged as the result of an accident in the harbor of Halifax, was the motorship Kronprins Gustaf Adolf, headed for New York harbor to undergo repairs. Under the command of Captain Lewenhagen, she had left Sweden in May, 1917, in ballast for New York to take on a cargo of sugar, and carried in her tanks on arrival in American waters some 350 tons of fuel oil. This oil had been taken on in Sweden, and was amply sufficient for the return voyage. Anchoring in New York on June 23rd, the Kronprins Gustaf Adolf was drydocked for the purpose of repairing the damaged hull, and there remained until the 27th of September, at which time her story may be resumed.1 Coming from the south en route from the west coast of South America to Sweden was the motorship Pacific. She had left Mejillones, Chile, with a cargo of nitrate of soda, owned by and consigned to the Swedish Superphosphate Company for use as fertilizer, which was at that time badly needed in Sweden. To obtain instructions from her owners as to her next port of call, the vessel entered and anchored at Newport News, Virginia, on the 1st of July, 1918. At that time she had in her tanks 871 tons of fuel oil, again amply sufficient for the voyage from the United States to Sweden.2 On July 9th the President of the United States proclaimed an embargo on the export of certain products, including fertilizers, except when licensed by him or by the administrative officers to whom he had delegated his authority. Under the statutes then in force, a vessel could not clear from an American port unless a manifest of the ship's cargo was delivered to the Collector of Customs at the port; and under the Espionage Act of June 15th, 1917, the Collector was required to refuse clearance to any vessel carrying a cargo which came within the embargo. Penalties for the master, and forfeiture of the vessel, were provided for departure without securing proper clearance papers.* THE DETENTION OF THE PACIFIC BEGINS. Upon his arrival at Newport News, Captain Meyer, the master of the Pacific, notified Gösta Ekström, the American representative of the Johnson Line, who was stationed at New York. While arranging for the clearance of the Pacific, Ekström received a letter on the 30th of July, 1917, from the Collector of Customs at Newport News, Virginia, which stated: "You are also advised that it will be necessary for you to furnish a special license for the cargo of nitrate Acting on this letter, Ekström wrote on August 2d to the Division of Export Licenses of the Department of Commerce: "Understanding that an export license is required from the United States Government for this [cargo] and owing to the fact that the vessel has put into a United States port, I herewith beg to enclose a formal application which will, I trust, receive the favourable consideration of the Bureau of Commerce."" No immediate action was taken upon this application by the Bureau, and Ekström soon realized that if he was to get the vessel free, he must secure some assistance in dealing with the Department of Commerce. Accordingly, he requested Philip S. Dean, a New York attorney, whom he had retained early in July, to go to Washington. Dean, his partner McBarron, and George W. Dalzell, an associate counsel retained in Washington, made repeated calls at the Department of Commerce to obtain the special license which the Collector demanded before he would clear the vessel. In reply, they were informed that the Department had under consideration the question whether an export license was necessary for a cargo which had come within the territorial jurisdiction of the United States while in transit between two foreign countries; but, that until this matter was decided, no such license would be issued." In the meantime the Pacific remained at Newport News, and upon repeated inquiry by the Master as to when she would be permitted to leave, the Collector stated that he could not and would not clear the vessel until he received instructions from Washington to do so. As an additional means of securing assistance in obtaining the necessary license for the cargo, Ekström next appealed to the Swedish Delegates stationed at Washington. These delegates, appointed by Royal Decree in May, 1917, had arrived in Washington on May 24th, with instructions to inform themselves concerning export conditions and to lend general aid to Swedish commerce. During the first week in August, Ekström called on Delegate A. R. Nordvall, and requested him to ascertain whether the cargo of nitrate was subject to the export provisions, and if so, to assist in obtaining the license necessary to clear the Pacific. Nordvall called on Mr. Vance McCormick, Chairman of the Exports Council of the Department of Commerce, on August 8th, and made this inquiry." Receiving no answer, Nordvall repeated his request for a ruling on August 14th.10 In an interview on the same day, McCormick stated that he did not think that the cargo of nitrate came within the export law but that if the Pacific desired to take on bunkers, a bunker license would be required. Nordvall immediately inquired of Ekström whether the Pacific had enough fuel to proceed, and, on being informed that it had, communicated this fact to McCormick. A week later, on August 20th, the latter wrote to Nordvall that it would be necessary to secure the opinion of the Solicitor of the Department of Commerce upon the necessity for a license for the cargo. Finally, on September 5th, McCormick informed Nordvall that the Exports Administrative Board, which had taken over the administration of the embargo law, had ruled that an export license would be necessary for the Pacific's cargo even though it had been loaded in South America and was en route to Sweden.11 During the remainder of September, 1917, Ekström continued his efforts, through his New York and Washington attorneys, to secure the necessary license, but by October 5th, he had obtained only a statement that the Exports Administrative Board had the matter under consideration." Early in October, the Swedish Delegate, Nordvall, advised Ekström to discharge the Pacific's cargo because he did not believe that any licenses for exports to Sweden would be granted." By this time, too, the nitrate had, because of the delay, begun to melt and damage the ship. Consequently, Ekström, through his attorney, applied for permission to have the vessel clear for Savannah, which was the only port at which storage space was available. In making this request on October 11th, the attorney wrote: 14 |