The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-02
The Eaca af the Clock.

To THE EDrron OF THE SuN-Sir: Re
ferring to my letter published In THE SUN
of November 30 and your comment at the
end, the last paragraph reading
II is unnecessary to scrutinize the face Of
tho clock to test the force OF this technical
plea. Clearly at the time Of the German
invasion servia was already a belligerent;
and Servia was not a party to Convention V.
on this point desire to say that not
withstanding ria-Hungary and Servia
were at war, neither OF them had declared
war upon any other nation, nor had any
other nation declared war upon them, and
their war was apart and separate in its
legal status from the question OF Ger
many's violation OF the treaty.
Even though 1t be recognized that the
immediate cause OF the outbreak OF the
general war now existing was Austrias
declaration OF war against Servia. the
actual facts TO be taken into considera-
ton as to who were belllgerents at tho
time OF Germany's violation OF the treaty
can only relate to the nations upon which
Germany had declared war or which had
declared war upon Germany.
In conclusion, permit mo to say that
tho face of the clock" has many times
been called into existence to determine
important legal questions
| am not a lawyer, nor have I dis
cussed or taken advice on this question
NUN any lawyer Van you say as inuNn
] suggest, now that we as laymen have
reached the question OF technicalties. that
your articles of November "a and 20.
my letters of corresponding dates and
your comments thereon. including this
letter. he placed before some lawyer whose
knowledge OF International law IL OF ma
tional repute and that YOU publish his
opinion. II you can obtain IL. for the
benefit OF your readers +. g. DCRANr.
PHILADELPHIA November 30.
This very estimable correspondent, who
takes his controversial status so seri-
ously. is referred to the treatises on
international law for the correction OF
his notion that a declaration OF war II
necessary prerequisite of a condition
Of beligerency. For the mitigation of
ais perhaps excessive respect for the
opinion OF Lawyers whose knowledge OF
international law Is OF national rcpute,"
II may be well for him to read in the
North American RcricC for December,
a learned discussion Of Belgian neutral
ity by Monsieur dc Lapradelle. dis
tinguLshed authority on international
law, a member OF the Faculty Of Law
" the University OF Paris, Secretary
General to the French Society Of Inter-
national Law and officially member OF
the Committee on international Law in
the Departments OF Justice and Foreign
Affairs OF the French Government. Mr..
nurant will observe that in spite OF his
distinguished reputation and impressive
titles OF authority Professor de Lapra-
dele discusses through pages the sup
posed violations by Germany OF the
rules Of the Hague convention appar-
entity without the remotest perception
of the existence or bearing OF those ex-
empting articles which TUE SvN has
recently been trying 10 make clear. ~
for Mr. Durants chronological arCu-
meEt, he may pursue the subject. II such
is his pleasure. in JOINT debate with the
author Of the particularly exasperating
communication which follows: