The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-21

| scientific work. voyages of discovery
and as hospital ships. All private yes
sells belonging TO the enemy, except
bona fide coastal fishing boats. are sub
ject TO capture. unless exempt under
treaties Military or other necessary
private ships OF the enemy can be de-
stroyed or retained for service.
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 capture
and destruction
Warships of the United States of
American can seek asylum during war
in a neutral port subject to the Iimita-
tiOns prescribed by the port authori-
ties 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 after departure
Of enemies.
Not Subject to Seizure.
A neutral ship carrying an enemy's
dispatches is subject to seizure when
acting as courier in the service of the
enemy. Nail steamers under a neutral
flag. carrying dispatches, whether as
part Of the general mail or separate,
and without special contention of re-
and should not be detained unless
there is a well-grounded cause to sus-
pect a violation of the laws of war.
In the section relating to the eXemp-
ton from capture of hospital ships, ii
is suggested that such ships should
give succor and assistance 10 the
wounded. sick and shipwrecked of the
belligerents without distinction of ma
tionality.
Hospital Ships.
Belligerents should have the right 10
control the movements and visit hos
pital ships.
Merchant ships, yachts or neutral
vessels carrying or picking up bellig
erent wounded, sick or shipwrecked. |
should not be captured on account of
such acts, but should still be Subject |
TO capture for any violations of neu-
trality that they may have committed. |
Merchant ships under escort of war |
ships of their own nationality should |
be exempt from the right of search on |
proper assurances being given by the |
of the convoy.
The American views also contain pro-
posals as To contraband and the meth
DDS of blockading which are similar to |
those put forth by Great Britain in a /
more extensive manner
views CT tHe British.
The British case follows on decisions
Of British prize courts, and describes
as contFaband neutral property on
board ship on the high seas, or in the
territorial waters of either belligerent:
First, which by nature is capable of
being used to assist in and, second, on
the way 10 assist in naval or military
operations. In deciding whether the
second of these conditions has been fui-
filed, it is contended that the court
must distinguish between goods pri-
narily 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
I ship calls at more than one port. I'M
ess proof 10 the contrary is produced,
he port least favorable to the neutral /
should be presumed to be the destina-
ion of the cargo. which would then be
;ontraband. If it is proved that CON
-raband cargo has an Interior and hos
lie destination different from that of 1
he ship, the destination of the ship |
should not protect it. IL is also held
hat a ship carrying contra band should |
be liable TO seizure at any moment
throughout the whole course of her vow
age so long as she is on the high seas
DIT ,belligerent waters. and her liability I
to seizure should not be affected by the !
fact that she intended to touch at some |
neutral port before reaching her des- |
Jination When central band has been
discharged. however, liability to seizure i
should be at an end.
The right to search merchant vessel /