The San Francisco call., 1908-12-21
TEN POWERS STATE
VIEWS ON WARFARE
United States Delegates Agree
With British and japanese
on Many Points
Americans Suggest Hospital
Ships Succor Any and
All Belligerents

LONDON Dec. 90.-The views of the
10 powers. the delegates from which
are assembled here to decide upon
code of laws for the International prize
courts provided for at tie last Hague
conference. make a decidedly bulky
volume.
Some of the powers. like Japan. have
submitted their proposals in brief form.
while others, notably Great Britain.
support their views with arguments
and references TO decisions which Brit
ish naval courts have given in historical
naval cases.
The United States. too. has gone into
detail on the various subjects that
should receive consideration. while
Germany has submitted draft for
code of laws.
The United States. Great Britain and
Japan are agreed on the majority of
points The American views include
the following suggestions:
RIGHTS OF NEUTRAL SHIPS
neutral ship found within the
limits of belligerent powers may be
purposes. but the prOprietors must be
indemnified.
In cases where the enemy has noe
observed the usa gcs of war and the
delinquent can not be captured there
may be recourse TO reprisals. but al
ways In accordance with the dictates
of humanity
All ships in the public service of the
enemy are subject to capture except
those employed in purely charitable or
scientific work. voyages of discovery
and as hospital ships. All private ves-
sels belonging to the enemy. except
bona fde coastal fishing boats, are sub
uf 4or
treaty. In cases of military or other
necessity private ships of the enemy
can be destroyed or retained for seFv-
ice of the government
Neutral ships employed in naval or
military service of the enemy or placed
under control of the enemy for naval
or military service are subject to cap
ture and destruction.
HOSPITAL SHIPS DUTY
In the section relating to the exemp-
tion from capture of hospital ships il
is suggested that such ships should
give succOr and assistance to the
wounded. sick and shipwrecked OF the
belligeTents without distinction OF ma
tiOnality- Belligerents should have the
right to control the movements of and
visit hospital ships. They could refuse
their help. order them away in any di-
rect1on wished. put a commander
aboard and even deta1n the ships ie
the gravity of the situation requires it,
The British case follows on decisions
of British prize courts. and describes
as contraband neutral property on
board ship on the high seas. or in the
territorial waters of either belligerent
tl) which by nature is capable of being
used to assist in and - on the way TO
assist in naval or military operations.
In deciding whether the second Of these
conditions has been fulfilled. it is con-
tended that the court must distinguish
between goods primarily used in war
and goods used in either peace or war.
JAPAN AGAINST BRITAIN
Japan differs from Great Britain on
only one question. This is in respect
TO the right to search a neutral vessel
under convoy of a warship of her own
nationality. On this Japan holds;
"A neutral vessel under convoy of
vessel of war of her own nationality
is exempt. except in cases of grave
suspicion. from a belligerent visit or
search il the commander of the con-
voy makes declaration in writing to
the effect that the vessel under con-
voy has no contraband on board is not
engaged in an attempt to violate a
blockade. is not performing unneutral
service for the other belligerent and
that the ships papers are in order and
complete"