The Washington herald., 1914-09-21
US. ISSUESRULES
AFFECTINGP PORTS
Orders Imposed on Ships Of
-BeIligerent Vessels Are
Announced.
TO UPHOLD NEUTRALITY
Navy Department Declares Ships Must
Furnish Proof of Not Engaging
in HostiHties.

Rules for the guidance Of American
port authorities with regard to per
hitting armed merchant vessels Of bel
ligerent nationality and merchant vesseli
acting as tenders for belligerent war
ships to leave United States ports were
issued by Acting Secretary Of STATE
Lansing yesterday afternoon.
The issuance Of the rules is the result
Of cases which already have arisen un-
der both heads. English passenger liners
carrying guns, have sought TO leave
United States ports, claiming that their
armament was solely for purposes Of de-
fense and that they did not intend to
cruise or operate against hostile vessels
The department rules that such vessels
need not be detained if the evidence
after thorough investigation in each case
justifes the contention that the arma-
ment is for defense only.
What character Of evidence will be re-
gsrded as proof Of the absence of in
tention 10 engage in offensive opera
tions is stated specifically in the depart
ment's rules.
Affecting Neutrality.
with regard to belIigerent ships using
United States ports as bases Of opera
ton, through the medium Of merchant
vessels acting as tenders to bring them
general rule that the decision will be
against the vessel suspected il II takes
supplies for warships oftener than once
in three month from American ports
Detailed rules also are provided to show
what operations by suspected merchant
vessels will be regarded as inconsistent
with the neutrality Of the United States.
The department rules that the presence
on board beIligerent merchant vessel Of
tion that the. vessel has become a ship
of war, but the owners or agents may
overcome this by evidence showing that
the armament is solely for defense. Indi-
cations of such evidence are that the
caliber Of the guns does not exceed six
inches; that the guns and small arms
carried are few in number; that no guns
are mounted forward; that the quantity
Of ammunition carried is small: that the
vessel is manned by its usual officers and
crew; that the vessel clears for a port
lying in its usual trade route, or a port
indicating it is engaged in the same
trade as before hostilities; that the YES
sci takes on board fuel and supplies
sufficient only to carry II to its destina-
ton or its customary amounts; that the
cargo consists Of articles unsuited for
ship of war; that the vessel carries pas
sengers not suited for military purposes.
particularly women and children; that
the speed of the vessel is slow.
It is Furthermore provided that port au-
thorities should Immediately report to
Washington the arrival Of an armed YES
sci Of belligerent flag; no cIearances will
be granted for such vessels without au-
thority from Washington.
Carrying of Supplies.
Regarding the carrying of supplies to
ia rsF1rr
from American ports, the department
holds that a common rumor or suspicion
a merchant vessels intentions
does not impose upon American port au-
thOrities TO detain the vessel unless it is
positively known the vessel has previous
ly been engaged in furnishing supplies to
warships. Such rumors, sup
ported by circumstantial evidence, how
ever, warrant the detention OF such a
vessel for investigation.
Such circumstantial evidence is: the
presence of a belligerent warship OF the
port where the vessel is taking on cargo;
when the merchantmen is Of the same
nationality as the nearby belligerent war
ship: when the vessel taking on naval
supplies has not had such cargo on its
previous voyage; when coal or other sup
plies are purchased by agents OF belli-
gerent or when an agent of a belligerent
II ldhGU On DOdl u TIC NtoStA III NASoeAOAA-
The departments ruling states that the
essential idea of neutral territory be-
coming the base for naval operations by
a belligerent is repeated departure from
such territory by a naval tender Of the
or by a merchant vessel in |
service. which is laden with |
fuel or other naval supplies.
1t also is ruled that a merchant vessel |
clearing with a cargo of naval supplies !
lob ~ anlI
not be detained If it returns to the |
United States for a second similar cargo. |
Even if the port Of the neutral nation |
is notoriously a base of operations for |
one of the belligerents, that fact i'm
poses no duty upon the United States, as
it is the duty of the other neutral State,
and not the United States, to prevent
acts being performed upon its
Case of UnneutraI Conduct.
Even if the supplies are shipped di-
rectly to an established naval base in
territory controlled by a belligerent, there
Is still no duty of detention imposed
upon the United States government A
neutral can be charged with unneutral
conduct in such cases only when the sup
plies furnished to a belligerent warship,
are furnished to it directly in a port Of
The neutral nation or through naval ten
iers or merchant vessels acting in that
departing from neutral ports.
The foregoing rules do not apply to
furnishing munitions of war which are
absolute contraband since in no event
,an a belligerent warship take on board
such munitions in neutral waters, nor
should it be permitted to do so directly
Dy means OF naval tenders or merchant
vessels acting as such tenders.
These rules were drafted by the neu-
rality board constituted for that pur-
'ose. which consists of DR.. James Brown
scott, of the Carnegie Endowment for
Peace, and Capts Harry
\. Knapp and James H. Oliver, of the
navy.