Daily Kennebec journal., 1902-03-15
THE RULES OF WAR
From Hague Peace Conference
Ratified by Senate.
"Dum-Dum" Bullets, Poison and
Foul Play Are All Barred.
rportant Definition as to What Snail
Shall Constitute Spy.

washington. March 1.-THE Senate
snant an hour in executive session, to-
dav on the convention growing out OF
The Hague peace conference relating
10 the conduct of war on land and sea,
and finally ratified the agreement with
ont n division The discussion turned
entirely on the conduct of war in the
Philippines and related especially TO
Gen. Funston's capture of Aguinaldo.
Senator Teller inquired whether if
this treaty mad been in force at the
time the method of Aguinaldos cap
true could have been justified. He
quoted the provision in the treaty re-
lating to the conduct OF spies and SAID
he did not mean himself to say that
Gen. Funston's course would not have
been regular, but merely to secure the
opinion of senators who had given at
tenton to the treaty and who also
were familiar with the details of Agui-
naldo's capture.
Senator Burton replied to the inquiry,
speaking especially for Gen. Funston,
and said he was sure the proceeding
on the generals part had been not
only humane but that ii had been in
accordance with the rules of civilized
warfare.
Senator Hoar also spoke at some
length regarding this provision in the
treaty. He referred to Aguinaldo's
capture and said he believed the adop-
ton of the treaty would have a tend
ency towards elevating the conduct of
modern warfare.
Some of the members of the commit
tee on foreign relations said briefly that
the ratification of the treaty would
place this country in accord with the
highest thought of the times, and ex-
pressed the hope that the treaty would
receive the unanimous support of the
Senate. Those who raised questions
apropos of the discussion disclaimed
any intention to prevent favorable ac-
ton.
The countries party to the treaty
are: Germany, Austria. Belgium, Den
mark, Spain, the United States. Mex
leo, France, Great Britain, Greece,
Italy, Japan, Luxemburg, Montenegro,
Netherlands, Persia, Portugal, Rouma-
mia. Russia, Servia, Sweden and Nor
way, Turkey and Bulgaria. The pro-
visions of the treaty are binding only
on the contracting powers in case of
war between two or more of them, and
cease to be binding when a non-con-
tracing power joins either of the bel
ligerents.
The most important feature of the
treaty, the contents of which have been
generally known, is that prohibitig the
use of dunn dunn bullets. Among other
things specially prohibited are: To EN-
ploy poison or poisoned arms; to XIII oI
wound treacherouSly individuals belong
ing to the hostile alton or army; to Kill
or wound an enemy who. having laid
down arms, or having no longer means
of defense. has surrendered at discretion
to declare that no quarter will be given;
to employ arms proJectile or material OF
nature to cause SuperfiuouS INJURY; TO
make improper use of a flag of truce. the
national flag or military ensgns and the
enemy'S uniform as well as the distinc-
tive badges of the Geneva convention; to
destroy or seize the enemy 8 property,
unless such destruction or seizure be I'M
peratively demanded by the necessities
of war: ruses of war and the employ
ment OF methods necessary to obtain IN
forma ton about the enemy and the coun-
try are considered allowable.
The treaty provides as follows regard
ing spies: AN individual can only be
considered spy If acting clandestineiy'
or on false pretenses. he obtains, or seeks
to obtain Information in the zone of OPP
erations of a belligerent. with the inten-
ton OF communicating 1t to the hostile
party.
."Thus soldiers not in disguise who have
penetrated into the zone of operations ol
a hostile army to obtain information are
not considered spies. Similarly, the foi-
Lowing are considered spies: Soldiers or
civilians carrying out their mission OPP
enly, charged With the delivery OF dis
patches destined. either for, their own
army or for that Of the enemy. To this
class belong likewise individuals sent in
balloons to deliver dispatches. and gener-
ally to maintain communication between
the various parts of an army or "A terri