Item 11: General William Holmes papers, September 1914-January 1915 - Page 111
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[Page 111]
6861/14
Defence W 389/2/676
Commonwealth of Australia
Attorney General's Dept.
German Ships detained at Simpsonshafen
The Secretary;
Department of Defence.
Herewith copy of opinion by Professor Harrison Moore, with which this Department concurs.
(sd) R.R. Garran,
Secretary,
7/11/14
Opinion
There is no power in any of the Supreme Courts constituted as Prize Courts to exercise jurisdiction over vessels that have not been brought into some port within the States to which respectively they belong. (The Carrel and Magdelena 1800 - 3 C. Rob. 58) nor is there any power except in the Crown in its Imperial capacity to establish new Prize Courts.
As no question of neutral rights arises in connection with the captures, and as there is no present intention to sel them, the matter of condemnation in a Prize Court must stand over until either a Prize Court can be set up at Rabaul or the vessels sent into a port where prize jurisdiction exists.
In view of the necessary delay, it is important that a careful account should be kept, so far as possible, of the stores etc. consumed.
(sd) W.H.M.
1/11/1914