Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-08-08
ORDER CONFLICTS
WITH PRESIDENTS
Commerce Department Gives
Neutrality Instructions to
Port Authorities.

Europe eliminated in the issuance
by the department Of commerce of in
structions TO port authorities flag
rantly inconsistent with and contrary
TO the Presidents neutrality procla-
nation ana the obligations Of the
United states under The Hague con-
yentions.
1t was indicated last night that the
regulations issued by the department
Of commerce regarding the conditions
under which ships may leave United
States ports in the present situation
win be promptly Withdrawn and cor
rected.
Great surprise was shown by state
department officials yesterday after
noon when the action Of the seeretarT
OF commerce became known. In
formation as TO what the department
of commerce had done was gained by
the state department, not from the
former department, but through the
newspapers.
The department of commerce very
properly undertook to instruct It's
representatives to cooperate with
agents OF the treasury department. to
guard against the clearance of any
vessels which had been constructed
for the purposes of war during their
stay In United States ports
After reciting that the taking on Of
unusual amounts of coal or painting
vessels q war color or unpacking guns
would indicate such construction, the
commerce departments instructions
lay down the following:
1T must be clear that sha II uot
TO be used for transportation of re-
cruits or reserves for a foreign army
or navy. This does not prevent
transportation of passengers in the
usual sense. as where there are
women and children and men of diff
ferent nationalities, even though
among them there are a few re-
servists without your knowledge II
her passengers are nearly all men
and practically all of the same ma
tionality, clearance cannot be
granted"
While this is part Of instructions
said to be issued for the enforcement
of the neutrality proclamation, the
fact is that the Presidents procla-
nation contains as one of its chief
provisions citations from the neu-
trality laws In which the activities
of consuls and diplomatic represen-
tatives in summoning reserves to the
colors and the action of the resery-
lists themselves in responding to such
summons are specifically excepted
from the prohibitions against recruit
ing In the United States on behalf
of a belligerent.
The commerce instructions also
contain the following:
Have representatives of each for
eign vessel In your port certify to
this department whether she is a
merchant vessel intended solely for
the carrying of passengers and
freight. excluding munitions OF war,
or whether she is a part of the
armed forces of her nation. This in
formation is for the purpose Of main
tanning the neutrality of the United
States under the proclamation by
the President. Clearance will be re-
fused in absence of this certificate
Question of contraband.
While the neutrality laws of the
United States and The Hague con-
ventions and also the Declaration of
London all provide that 1t Is the
duty of a neutral government to
prevent the departure from its ports
of ships which have been fitted out
in such ports for the purpose Of
cruising or hostile operations against
a friendly power, and require the
departure within twenty-four hours
or interment of any vessel which is.
a ship of war Of one of the belliger-
ents. there is no provision in any of
these laws and agreements for pro-
hibiting the export of contraband Of
war.
The departments orders. however.
would prohibit any foreign vessel
from taking out arms or munitions
of war.
The neutrality proclamation recites
that the laws and treaties Of the
United States do not interfere with
the right of persons within the Unit
ed States engaging in the man
ufacture or sale of arms and NUM-
lions of war, but gives warning that
persons furnishing arms and NUM-
lions to belligerents do so at their
own risk, all articles of contra band
consigned to a belligerent being
liable TO seizure by an enemy belli-
gerent
The instructions of the commerce
department had hardly been made
public when a case in point arose
which illustrated the confusion ex-
listing among the government depart
ments in regard to war questions.
The Philippine government cabled
the war department that they were
ignorant as to whether the Pacific
Mail steamship Manchuria should be
permitted to leave Manila because Of
the fact that she had on board
French. German and Austrian re-
servists.
one official of the war department
seeing in the newspapers
that reservists should not leave
United States ports. Another re-
that the navy had ships
out to watch vessels leaving Ameri-
can ports.
Consequently an appeal was made
first to the navy department 10 de-
eide the case Of the Manchuria. The
navy department referred the war
department to the treasury depart
ment, but before inquiry was made
il was suggested that the commerce
department should decide, but it was
finally put up to the state depart
ment
At the state department the ruling
was given, regardless Of the depart
ment Of commences instructions. that
the Manchuria could proceed to
Hongkong provided she did not bear
men under arms and embodied in a
military organization. So Manila
was told to let the Manchuria go.
Representatives Of foreign and do
nestle interests report that their
most earnest efforts to get exact in.
formation from the government as TO
what they can or cannot 90 have
proved unavailing.
Other instances have occurred. The
secretary Of the navy today gave out
a statement urging the passage by
Congress at once OF legislation per-,
hitting the navy to use vessels in ths
freight and mail service. This is DEF
sirable, he said, because of the 4