The Birmingham age-herald., 1909-11-28
ZELAiA Is WORSE
 THAN CASTRO WAS
CONTINUED FROM FACE 1e.)

CONTINUED FROM PAGE 16.) as unfortunate and not as criminals and are to be treated accordingly, although the question of detention or liberation Is one affecting the interests of the cap tor alone and there. one with which no other government ought to interfere in any way; yet the right to detain by no means implies to dispose of the pris- oners at the pleasure of the captor.'
 Wheaton's Definition.
 In wheaton's Digest of International Law occurs the following which has spe- cial reference to such war as IS no" waging in Nicaragua:
 "A civil war between the different members of the same society Is what Grotius calls a mixed war: It Is to him public on the side of established govern ment and private on the part Of the peo- ple resisting its authority. But the zen eral usage of nations regard such war as emitting both the contending parties to all the rights of war as against each other and even as respects neutral na- tions."
 If was pointed out that the United States government undertook, during the cruelties of the Spanish regulars in Cuba, to protest to Spain against oaroarous warfare This matter was called 10 tne attention of the Spanish government by Secretary of State Day. now assoclate justice of the supreme court
 Tn fact there Is no lack of precedent for action in the Groce-Cannon case, even admitting that they were in the repei army The whole point Is that mat II admitted. but that Zelaya is outside tnt nale of international law by his executioi of prisoners of war without referrins their case to the United States, Of wnici he knew they were citizens.
 The state department does not accept even as relevant the gratuitous statemen of Zelaya to MT. Hearst that the govern ment of Honduras once pardoned can non
 The gist of the controversy IS tna' neither Groce nor Cannon committed any grave crime cognizabie by the laws auo that therefore, they were executed H. legally and savagely =. Thomas Jefferson when secretary oA State laid down this princlpie' .rNyo citizen has a right to go to war ~, bis own authority, and for what he does without right he ought to be pun l ished." .,, This too. is considered good law py l +ba state Department, but how he IS l to be punished is provided for as apoVe' That Is to say, that there must De no executions without the commission oi l a grave crime.
 If Groce and Cannon. as prisoners of war conspired to escape, or If they were snies they could have been shot 1 summarily. and the United States could l not interfere. The present case IS, rom all the legal points of view, one 1ustl- 1 fving the intervention, on which the | United States government is now en- gagged. by President Taft and Secretary l of State Knox.
 | ther unframed by the report that tele- prsph. mail and all channels of com l munfcation are closed by Zelaya against the United States government and even that the United States consul 1 in charge at Managua has been i'm l prisoned by the dictator
 Worse Than Castro. Zelaya is going beyond the worst acts l of the dictator Castro. The State De- partment and the White House are not 1 stating what immediate action 1t has In | contemplation against President Ze- laya-
 The ultimate purpose of this govern ment in dealing with Nicaragua Is be- | lieved to be & repetition of the plar which proved so effective in the case oi San Domingo.
 Briefly summarized, the purpose is te get control of the Nicaraguan customs house, with or without consent of th' l revolutionists
 The secondary purpose Is that, b! | getting control of Nicaragua, nelthe France nor Germany nor any continen
 tai nation shall have right to inter
 vene, because the United States will of
 fer itself as the administrator of tn l customs.
 It is the customs revenues whicf
 must be applied to the payment O
 Nicaragua's foreign debts. It is now
 thought that the British cruiser Scylla
 which made a hurried visit to Mica
 raguan waters was appraised of this ul
 innate purpose and sailed away, leav
 ing the affair entirely in the hands o
 the United States.