Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-12-29
Mr. Bryan Refuses to Make
Public Notification Received
by State Department From
Berlin Government.
VIGOROUS PROTEST is
MADE BY MINISTER
Military Authorities in Control
of Conquered Territory Have
Right to Prescribe Rules
Absolutely.

lef NpHNiNo JOURNAL SPECIAL ttssgD wnrl
Washington. Dec 2S.--The German
government has formally notified
the American state department that
American consuls In Belgium must
be acceptable to the German military
authorities and .hat Il is desirable
that some OF the consuls be with
drawn. for the present. at least
Secretary Bryan declined to make
public the text Of the German com
nuncation or to comment on it until
he mad full opportunity TO consider H.
The understanding In official circles
Is that the notice Is similar TO the
one sent to Argentina and other neu-
trail countries
Must Work With Germany.
IL Is said that while the German
government does not insist that con-
suls In Belgium take out new exequa-
ours from German officers, it an
nounces that such consuls must ex-
ercise their functions only by per-
mission from the military in control
OF the territory In which the consul
ates are situated
The United States has consular
Representatives in Brussels Antwerp,
Liege and Ghent. Since the war be-
gan they have had little work OF the
ordinary character. their activities
having been devoted largely to look
ing after refugees aud aiding In re-
lief work.
Withdrawal of ConsuIs.
The request for the withdrawal Of
Icvstslin conauls Is 4Said 70 be dntlfely
and TO be hased ON the
law OF military necessity, which rec-
ognizes the right of military officer
in command of occupied territory to
dictate absolutely the amount and ex-
tent OF civil business and the manner
in which 1t shall be conducted in that
territory.
Mr.. Havenith, the Belgian minister.
called at the state department today
after the German notice had been re-
ceived. Later he issued this state
ment:
The Belgian minister has been in
formed that the German government
has notified the neutral powers OF its
intention to cancel the exequaturs ac-
corded by the Belgian government tol
foreign consular representatives.
Belgium Enters Protest.
The Belgian government has pro-
well as the cancellation of an exequa-
tur are acts which imply the sover-
eighty OF the state from which they
emanate. Now a power In military
occupation of territory only enjoys
a de facto possession which cannot
be transformed. so far as It's rela
tions with neutral states are concerns
cd into a state of sovereignty Such a
change could only become lawful by
the oonsummation OF treaty OF
peace, determining definitely the sta
tus of the occupied territory
The disposition of the department, |
II is said, is TO recognize the right of
the authorities of captured territory |
to prescribe at least temporary con-
ditions under which eonsuls shall dis
charge their duties and II Is contend |
ed this can be done without in any |
way committing the United States to
a political recognition Of the right of |
the military occupant Of territory |
TO its possession.
Regulations OF Commerce.
Regarding the withdrawal Of con-
suls from certain points under color
Of military necessity, 1t Is said that
here need be no actual interruption |
II commerce In consequence. because, |
lnder American consular regulatiOnsi |
n the absence of a consul, two re- /
putable merchants may render an ac-
,eptable certificate to an invoice of
goods.
The Japanese government already
las intimated its objection to the
presence of foreign consuls in the /
erritory of Kiao-chow, recently cap
ured from the Germans. IN that case
here is no question of who shall is
Iue exequaturs The objection lies 10
he presence Of any foreign consuls.
10 matter what may be their legal /
tatus Several applications have t
,Ome to the state department from
interests. urging the re-
urn of American Consul Pack To
but. in the face of Japa-
lese opposition and in the knowiedgel
Il the fact that the order of exclu-
ion runs against consuls Of all ma
ions alike. the state department has
lot felt called upon to force an issue
" ordering the return of Mr.. Peck
o his post.