The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1898-06-11
HOW WAR AFFECTS RIGHTS.
Status ofProperty and Persons In Bel
~iigerent and Neutral Nations.

Status O fproperty and Persons In BEL
i~igerent and Neutral Nations.
The effect of n state of war upon the
rights of persons, whether native or
alien, and upon contracts, property and
trade is II matter of great interest. The
leading authorities upon this subject
are Henry Wheaton, Theodore ID.
Woosley and Francis Wharton, aud
from the works of these masters of In
ternational law the following informa-
ton is extracted:
During a state Of war neither belllg-
erent has the right to sue in the courts
Of the other to enforce a contract or
collect a debt. The citizens of the par
ties, of course, come under the same
prohibitions. Contracts made with an
enemy during a state OF war cannot
be enforced in the courts of either ma
ton after war Is concluded.
The general rule as to treaties Is that
they are abrogated by war. But GER
tain treaties are exempted from this
rule. Privateering treaties are an ex.
ample Of such exemption.
An enemy's property after war Is de-
clared may be seized wherever found,
except when II is located In the terri
tory OF neutrals. 1t Is not customary,
however, In more modern times TO
seize the property Of noncombatants
who are subjects of the enemy, tempo
rary domiciled. TO confiscate stocks,
bonds or the real estate of a n0ncom-
Blatant would he sure TO call forth re-
prisals and would thus react upon the
belligerent who took the first step In
this direction.
Generally a certain period Is fixed
within which citizens of a belligerent
leave the territory Of Its opponent after
war has been declared, and In case
they leave the country within this spe-
Gifted time their property Is safe from
c%oniscatlon during their passage to
their own or some other country.
Strictly speaking, belllgerents have
the right just as soon as war Is declar-
ed to seize each others ships and car
goes In their respective ports as "droits
OF admiralty" but here again modern
pIuttltto nave tSAdbiiShtb IA NootOA
Of giving notice OF the time In which
shipping must be removed. This time
was fixed at forty days at the time OF
the Crlmean war. The ship OF one
belligerent, II 1t sails before war Is de
clared for one of the ports of the other
Is b%ellIgerent, Is safe from seizure. II,
however, a ship sails to n neutral port
she is liable TO seizure. During hostill-
ties all Inhabitants, native and allen,
are compelled to discontinue all inter.
course with the inhabitants OF the
country at war with the one in which
they live.
The property OF the citizens Of either
bellIgerent who live In the country OF
the other benlgerent Is looked upon as
a part OF the property of their adopted
land, and, being regarded as such, Is
liable to the reprisals authorized by
their native country. Such property as
this class OF persons may have in the
trade of their adopted country may be
seized by their native country until
such time as they declare their ma
tlonal character" In this case a decla-
ration OF intention Is not enough. since
mere declarations might be made with
the intention OF escaping all liabilities
to either party to the conflict.