The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-23
The Sinking Of the Evelyn.


The despatch reporting the loss on
Borkum Island Of the American
freight steamship Evelyn. with a cargo
of cotton. came from Berlin and gave
the cause Of her destruction as a mine.
Since the Evelyn had already touched
at Rotterdam and was on her way to
Bremen to land her cotton, an article
that Is not on the c%ontraband list, the
presumption is that the German Gov
eminent knew all about her. 1t is
therefore highly improbable that the
Evelyn, flying the American flag, was
the victim of a submarine Assuming
that she was struck by n mine. the in
cident is one that does not suggest
complications. Nevertheless, the Eve
Ign. at the bottom of the sea. may CON
tribute TO the making of international
law after the war is over.
The security Of neutral ships against
mines laid by %bellicerents exists only
In theory. Both the Russo-Japanese
war and the great conflict In Europe
prove this. Ii was formerly the prac-
t!ce TO mine only waters at and inside
the three mile limit. In May. 1904,
the Japanese warship IatsuSe was
blown up by a mine ten knots off the
Liau-tie-Shan p%romontory, in the track
Of merchant shipping; that is TO say.
she was sunk in the open sea. \ mer-
chant ship laying the same course
before the Hatsuse encountered the
mine would have been destroyed.
Commenting upon the case Professor
+. f.. HOLLAND said 1T is certain
that no international usage sanctions
the employment by one belligerent
against the other of mines or other
secret c~ontrivances which would
without notice. render dangerous the
navigation Of the high seas" Pro
fessor HOLLAND said. however. that
there was "a tendency in expert opin-
ion toward allowing the line between
territorial waters and the high seas
to be drawn nj a considerably greater
distance than the measurement OF
three miles from the shore"
When the old three mile limit was
established it represented the range
OF cannon shot. To-day a II inch gun
carries fifteen miles. and the great
gun the Germans are experimenting
with has a range of more than twenty
miles. SMITH and SIBLEY in their
work upon international law as IN
terpreted during the RuSSo-Japanese
war observe that admitting the ten
dency spoken Of by Professor HOLLAND
the conclusion would be that the Hat
suse was blown up, mot on the high
seas, but in territorial waters for ne
big guns used by the combatants in
that war had n range Of ton miles. II
follows that If the measure Of terri
torial water in which mines can he
laid is 10 he extended to the extreme
range of the most powerful German
siege gun IL will be legitimate to place
mines for n distance OF more than
twenty miles from shore for Instance,
across the Strait OF Dover from
Calais 10 the coast OF Kent. Probably
the mine that sank the Evelyn was
swinging under the surface of the sea
far beyond the old territorial limit Of
three miles. which might account for
a blunder OF the pilot who was trying
To take her into Bremen. One thing
Is certain the Germans in defending
their coast. and the British as well.
are not allowing themselves to he
bound by the international law Of
smooth bore cannon shot. The result
will he increased danger for neutral
ships trying to make port as commerce
carriers.
II would seem TO he vain for the
United States Government 10 pro.
test that the loss Of the Evelyn was
due to methods Of mine laying for
which no warrant can no found i'm
the books. and that therefore the
German Government must pay for the
ship and her cargo. The bc~lligcrcntS
in Europe are making international
law TO suit themselves in their death
grapple, and until II ends there will
be no opportunity to define what it
IL in some OF the aspects OF modern
warfare on the sea.