The Birmingham age-herald., 1909-12-05
CRANE INCIDENT
 |S OvERSHADOWED knox'S State Administration Is
 Wining Favor REBEEMS ITS PRESTIGE Firmness In NIcaraguan Affair Com mends Administration to the Chan
 ceIleries of all Countries.
 Revolution Reviewed.
REBEEMS ITS PRESTIGE
By JONATHAN WINFIELD.

 If the now famous Crane incident has inspired distrust over the Knox ad- ministration of the state department, and caused fear that its standard was to fall below that of the Root regime, the events of the last week have done much to dis pei such a condition of the public mind. The Nicaraguan affair has been handled in such a firm and vigorous manner that foreign chancelories have come to the conclusion that the days of shirt sleeves statesmanship' in the United States are over. The public may well take the same view.
 | Many ugly and sinister reports were l scattered broadcast concerning dismiss sal of Charles R. Crane, once minister designate to China. Some of them re- nected on Secretary Knox, some on his subordinates, including Assistant Secre- tary Wilson
 The incident gave the state depart ment heavy handicap at the very mo- ment when it was about to launch an aggressive far eastern policy. It aroused strong prejudices against MT. Knox, and
 
 mnistration would be failure.
 Then came the Nicaraguan revolution. There was no direct way for the United States to interfere. although morally the state department would be justified in throwing all possible influence against President Zelaya, who has been a great mischief maker in Central America for years
 When the Nicaraguan dictator, how ever, executed two Americans, Leonard Groce and Leroy Cannon on November 12, the provided opening wedge for which the state department had been looking. He there overshot his mark, arrogantly confident that the United States would pursue the uncertain policy which at one time characterized it's treatment of Latin American affairs. Probably he has already suffered a rude awakening.
 Before the dispatch telling of the sum mary fate delt out to the two captured Americans had been in the hands of Secretary Knox three hours. two war vessels had been ordered to Nicaraguan ment of the circumstances was made. The state department had adopted a clearly defined policy. and the public . mind was not kept in suspense longer than the time required to read two simultaneous newspaper dispatches. Three warships. the vicksburg. Des Moines and the Marietta are at this time in the harbors of Corinto and Fort Li- mon, and & fourth, the Tacoma, is ready to steam from Colon to any Nicaraguan port on an hours notice. The transfort Buffalo is en route from Philauquo bay, California, to Panama, for the purpose <.f &l..-- twxfA l.. araguan territory, ready to protect Amer ican life and property.
 Another troop ship to carry 400 ma- rines Is ready to sail from Philadelphia. Action followed swiftly upon the outrage to the American flag offered by Zelaya Regarding the international law points involved, an American military man. who was a member of the last Hague confer ence, and is a recognized authority on in- ternational law, says:
 '"rhe international law regarding neu- trality prevent flibustering or other armed and unfriendly expeditions invad- ing another country. If men in such ex- petitions are captured they must be re- turned to their own governments for trial"
 This government cannot, however, pre- vent one or more citizens from joining the military forces of another country, whether governmental or revolutionary, if they do as individuals, and, of course, the government cannot be held responsi- ble for their acts.
 'If two men, as appear in this case allied themselves with either a regular or revolutionary army and were acting under directions of their superior off, cers, or army authorities, they can be taken as prisoners of war and tried by a military court
 No court acting within the lines of the Hague agreements can sentence any man. native or foreign. to execution except | that he be proved to be spy acting in | dependently of any military organization. | But those men do not appear to be | classed as spies The moment a man en- 1 ters any army Of a foreign country he l forfeits bis right to the protection of his l own government, and is subject to the
 laws of that country
 1 According to this explanation, the only right under which Nicaragua could have summarily executed Cannon and Grocc
 was that they were held as spies. This
 was not the case. however, since the offi- | cial explanations show that they were | given military trial and were declared l to have been acting with the revolution
 ists. This being the case, they were moi ] legally executed.
 I In case of war the United States might
 ehsaBe c1Vlnan 10 ny balloon over an
 enemy's lines, continued the authority
 and If captured. he should be treated as a
 prisoner of war and tried under the inter
 national military laws. A spy is a man
 who operates in disguise or under falss
 pretsnses. He can be executed summari ly."
 This is the substance of an opinion or
 which Secretary Knox is passing his ac.
 tion. He recognized that if the men were
 operating with the revolutionists openly 1 or as spies. they forfeited their right tc
 American protection. But since they were
 not charged as spies. he does not pro- l pose to allow Nicaragua to take such lib. critics with American citizens as to ignore
 the common military laws of civilized na-
 tions.