Los Angeles herald., 1908-12-21
POWERS DRAFT
CODE OF LAWS
FOR HIGH SEAS
BULKY VOLUME SUBMITTED
BY TEN NATIONS
UNITED STATES, ENGLAND AND
JAPAN AGREE IN VIEWS
Many Regulations Urged for lnter-
national Prize court-uncle
sam Details Desires
in Full


Y oNDON' Dec. 2O.-The views of the
ten powers, the delegates from
IA which are assembled here to de-
eide upon a code of laws for the inter
national prize courts provided for az
the last Hague conference MAKE ="
cidedly bulky volume 80 ,,a,,a
submitted their proposals in brlet form,
while others, notably Great brltalti brlt
sunport their views with arguments
and references to decisions Wliie'
British naval courts have given III ms
torical naval cases. 49,
The United States, too, has gone into
details on the various subjects when
she thinks should receive consldefa-
| tion while Germany has submitted
draft for a code of laws.
The United States. Great Bfltdin ,nii,
| and Japan are agreed on the majority
of points. The American views include
the following suggestions:
"a neutral ship found within the
limits of belligerent powers may be
| seized destroyed or used for Warllke
purposes, but the proprietors must Dc
| indemnified.
| observed the usages of war and the
delinquent cannot be captured there
may be recourse to reprisals, but al
ways in accordance with the dictates
of humanity.
"The reprisals should not exceed IN
severity the offense committed and
| should not be repeated after reparation
has been made for the injury COM
planned of.
"All ships in the public service of
| the enemy are subject to capture ex-
cept those employed in purely charit-
able or scientific work, voyages of dis
covery and as hospital ships.
Vessels Subject to Capture
| "All private vessels belonging to the
| enemy except bona tide coastal fishing
boats are subject to capture, unless
| exempt under treaty.
| I'm cases of military or other neces-
| sity private ships of the enemy can
be destroyed or retained for service of
| the government. Neutral ships en-
1 ployed in naval or military service OF
| the enemy or placed under control or
the eneiny for naval or military serv-
ice are subject to capture and destruc-
| tion.
| such ships must conform to the
! regulations of the port authorities re-
| garding length of stay and interval to
/ be observed before going to sea in pur-
suit of an enemy or efter departure of
enemies.
"A neutral ship carrying dispatches is
subject to seizure when acting s
! courier in the service of the enemy.
/ Mail steamers under a neutral flag,
carrying dispatches, whether as part If
| general mail or separately for con-
Venient reasons, and without special
contention of remuneration, are not
] subject to seizure and shoulG not be
detained, unless there is well grounded
/ cause TO suspect a violation of the laws
| Of war"
Hospital Ships Exempt
In the section relating to the ex-
emption from capture of hospital ships
it is suggested that such ships should
give succor and assistance to the
wounded, sick and shipwrecked of the
! belligerents without distinction OF ma
/ tionality. Beuigerents should have the
right to control the movements of and
visit hospital ships.
They could refuse their help. ordef
them away in any direction wished, pui
| a commander aboard and even detain
| the ships If the gravity of the situation
requires it,.
Merchant ships, yachts or neutral ves-
cells carrying or picking up belligerent
/ wounded. sick or shipWrecked should
not be captured ON account of such
acts, but still be subject for capture
/ for any violations of neutrality they
may have committed.
The American views also contain
/ proposals as to contraband and the
methods of blockading which are siui-
lar to those put forth by Great Britain
| in more extensive manner
/ The British case follows on decisions
/ of British prize courts, and describes
as contraband neutral property on
board ship on the high seas, or i'm the
territorial waters of either belligerent
| "a which by nature is capable of being
used to assist in and (2) on the way to
assist in naval or military operations.
To Distinguish Goods
In deciding whether the second OF
| these conditions has been fulfilled it Is
contended that the court must dis
! tinguish between goods primarily used
| in war and goods used in either peace
or war.
| The destination of the cargo should
| be presumed to be that of the ship, and
! If ship calls at more than one port.
unless proof to the contrary is pro-
duced. the port least favorable TO the
! neutral should be presumed to be the
destination of the cargo, which would
| then be contraband.
If ii is proved that contraband cargo
| has an Interior and hostile destination
different from that of the snip the
! destination of the ship should not pro
| tect.
1t is also held that a ship carrying
| contraband should be liable to seizure
at any moment throughout the whole
course OF her voyage so long as she is
ON the high seas or in belligerent waters
/ anu ueI lihblhSS " oSA1hlC oAOAtA 'itN
| be affected by the fact that she In
| tended to touch at some neutral port
| before reaching her destination.
When contraband has been dis
charged, however, liability to seizure
should be at an end.
The right to search q merchant ship
when under convoy of a neutral war
] ship is pressed in the British statement
1t is held that a neutral ship should not
be entitled to resist search by bell
J ligerent warship on the ground that she
is under convoy of a warship Of her
own nationality.
/ Forcible resistance by her or by the
neutral warship should be ground for