Plea That It is Not Subject to Mixed Court's Jurisdiction That the Sovtorgfot, or the Soviet Mercantile Fleet, is a Russian Government organization, and cannot be sued in the local courts, was the contention of Dr. Fischer, counsel for defendants, in a case at the Mixed Court last Wednesday 'The Fleet possesses sovereign rights he submitted, namely, those appertaining to' Governments alone. That all claims for alleged damage must be decided in Moscow stated to be the principle on which the ships. were operated.
This assertion arose from a peti-ion filed in the Mixed Court for Ts, 260,000 against the Ri Volunteer Fleet by Rizaeff Freres, alleged damages duo because of non-delivery of cargoes of tea in 1916 and 1917 according to contract. The petition was filed on December 16, by Mr, Tycho Wing, counsel for plaintiffs," On December 17 he was informed by the Court, to make separate causes of action for the various items. Notice was served finally on December 24.
According to counsel for plaintiff the name plate of the Ri Volunteer Fleet was taken down on December 21.
The Mixed Court records show that on'December 30, Messrs. Bfusso Fischer wrote to them, saying that the Russian Volunteer Fleet had ceased to exist, and as the notice had been gent to the offices of the Soviet Mercantile Fleet, which had no connexion with the former company, they were roturning the document, evidently lett there by mistake.
Counsel for plaintiff then on January 12, 1926, asked that the Court authorities gi notice to the to submit to judgment. On January 22, February 3'and 10 evidence was taken at the Mixed Court, In giving evidence for. plaintiff, Captain Ryndik, ex-harbour of the port of Vladivostok, stated that, the two fleets were ons and the same,
Mission in Shanghai, for defendant, Ivan Sorckiv, of the Soviet Trade said' that' the two fleets were. not-the same—the SCT. was an official "organization,': while the RB. ¥.F, still had offices in Moscow, though they had none in Shanghai He could: not say what was paid for the ships or what assets existed in Moscos According to further evidence: introduced by Mr, Wing in cross examination of Mr. Elleder, it was shown that witness had. written a business letter for the Russian Volunteer Fleet on September 17, or two days after the date on which he said that the company ceased to exist. It was further shown that the only publicly known of announcement of cessation of business by the R.V.F., was made on December 21, 1925, three months after alleged demise of the company. was several days after the petition of plaintiff was filed in the Mixed Court.
The evidence concluded, Dr. Fischer argued for the sovereign rights of his clients, while Mr. Wing countered saying that, despite the action in Court, if this was a government body and not subject to suit, no business companies would send cargo with their ships.
Counsel for defence has 14 day to file legal briefs, after which gounsel for plaintiff" will be granted another 14 days for a counter brief,
Text read from the printed page and cleaned; old type leaves the occasional error.