Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-12-24
RIGHTS OF SHIPS
IN WAR Time
TEN OF THE LEADING NATIONS
OF THE WORLD TO DECIDE ON
A CODE OF LAWS FOR INTER-
NATIONAL PRIZE COURT.


at the last Hague conference, make
a decidedly bulky volume. Some OF
the powers, like Japan, have submit
ted their proposals in brief form,
while others, notably Great Britain,
rsupport their views with argumen, IS
and references to decisions which
British naval courts have given in
Historical naval cases. The United
States, too, has gone into detail on
various subjects which she thinks
should receive considera ton. while
Germany has submitted a draft for
a code of laws. The United States,
Great Britain and Japan are agreed
on majority of points. The Ameri-
can views include the following Sec
tons:
A neutral ship found within the
limits of belligerant powers may be
seized, destroyed, or used for war;
| like purposes. but the proprietors
must be Unidentified.
In cases where the enemy has not
observed the usages of war, and the
delinquent cannot be captured there
may be recourse to reprisals but al
ways in accordance will the dictates
of humanity.
The reprisals should not exceed in
severity the offense committed and
should not be repeated after repair
alton has been made for the injury
complained Of.
All ships in public service OF the
enemy are subject to capture ex-
cep; those employed in the purely
charitable or scientific work, voy-
ages of discovery and as hospital
ships. All sprivate vessels belong
ing to the enemy except bona fide
coasting fishing boats, are subject to
| capture, unless exempt under treaty.
In cases of military or other neces-
sity private ships of the enemy can
be destroyed or retained for service
OF the governement.
Neutral ships employed in naval
or military service of the enemy or
placed under control of the enemy
Tor naval or military purposes are
subject to capture and destruction.
Warships OF the United States of
Americ can seek asylum during
war in a neural port subject to the
limitations prescribed by the port
authorities. regarding length OF
stay and interval to be observed be-
fore going to sea In pursuit of an
enemy or after departure of enc
mics.
A neutral ship carrying an enc
my's dispatches Is subject to seiz-
ure when acting as courier in the
service Of the enemy Mail steam
ships, under neutral flag. carrying
dispatches whether as part OF gen
eral mail or separately for conyen-
lent reasons and without especial
contention Of remuneration, are not
subject to seizure and should not b4
detained, unless there is we'll
grounded cause to suspect a viola
ton of the rules of war.
In the section relating to the ex-
emp~ion from capture of hos
pital ships It is suggested that such
shlps should give succor and assis-
lance to the wounded sick or. shin
wrecked of bellegerents without dis.
tlnctlon of nationality. .Dellegerents
should have the right to control
the movements and visit hospita]
shlps. They could refuse their help
order them away in any direction de-
sired, put commander aboard or
even detain the ships If the gravity
OF the situation requires it.
| Merchant ships, yachts or neutral
vessels picking up bellegerent
wounded. sick or shipwrecked
should not be captured on account OF
such acts. but shall be subject ia
capture for any violations of neut.
crafty they may have committed
Merchant ships under escort OF war
ships of their own nationality should
ne exempt from the right CT search
on the proper ASSURANCES being
oy the commander &: the convoy
me American views also contain
proposals. as to contraband and the
methods OF blockading which are
similar to those put forth by Great
britain In more extensive manner
| The British cases follows on de-
cisions OF British prize courts. and
describes as contrabrand neutral
property on board ships on the high
seas or In the territorial waters of
either belligerent nD which nv
nature is capable OF being used and
W on the way to assist in naya, or
military operations. In dc;dinp
whether the second of these cond,.
,iohs has been fulfilled, it is con-
'enaed that the court must distin-
euish between goods primarily used
IN war and goods used in either
peace OF war.
me destination of the cargo
should be presumed to be that ~ the