The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-08-02


Hiiisboro. n. NJ. July 81, 1915.
Editor Evening Herald:
owing 20 the flooded railroads your
issue OF the ggth inst. dsd not reach
me until today, out though late | de-
sire TO answer the question you asa
at the end OF your editorial entitled
"~Untcnable.' YoG ask In what par
tlcuiar the position Of the Wilson ad-
m%snistration on the Lusitania Is UNI
tcnable. My answer:
n In undoubtedly true that the
question whether we are right or
wrong IN demanding disavowai and
satisfaction FOR the loss Of Americans
on the Lusitania depends entirely on
whether or not international law COW
ers the case. The question OF hu-
manlty has nothing 10 do with cur
legal rights. AS between n%ationN az
war or at peace humanity does MT
exist except In 80 far a. internationaiI
law recognizes the same. our gov
relies on this principle when
Il c-ountcnances the sale of ammu1l-
tons BY our manufacturers. The rule.
II a rule at all. must work both way
n there II a rule prohibiting sub
marines TO sink b%eliiEcrcnt vessels
without warning hen the Wilson ad-
m~inistration Is right. n there L. no
such rule then the Wilson admins
tration Is wrong so far a. i~nternation-
nj law Is concerned. The question As
TO whether Il would have been more
humane not TO sink the LuRitanla has
nothing TO do with the case. That Is
not a question Of practical internn-
.tional law. II depends entirely on tho
existing rules OF International law as
TO whether our governments position
Is 'tenable'' or not.
The law on the point involved,
that Is the rules governing ordinary
war al sea. are not al all as definite
as they might be, had England ac-
coded TO the various efforts to make
the practice In regard TO Yaval war
fare uniform. The law requiring
search before seizure has never been
applied uniformly to Delligerent res
sells but only to neutrals An attempt
was made In the Declaration Of Lon
don to bring about uniformity and 10
protect passengers on merchant ships.
a doctrine that had long been advo-
Gated by the United States. Grea,
Britain refused TO ratify the declara-
ton and so II failed. because in order
TO make international law binding Il
must have been agreed tG by all the
nations concerned, for each nation Is
a soyereign and can not tolerate die
! tation or lawmaking affecting It's ma
tlOnal course except such as Il agrecs
TO. A careful search Of all recent x
pressions Of international law on this
point shows co~nclusively that Il has
never been definitely decided.
Certainly IL the rules regarding or
/ binary naval warfare are vague, Il
can not be maintained that there arc
any rules defining the conduct of suO-
marines unless there has been some
definite law adopted referring espcc
tally to that modern instrument OF
J warfare. You will search in vain foI
any declaration On this point. and In
deed the United States does not pre-
tend that there is any. but maintain
that the rules which II has long ad'
vocated regarding maratime wal
should be applied 90 submarines.
II Germany would consent to tn
IDEAS advanced 10y hts country Ger
many would undoubtedly be bound
hNA I NhhoAAhF u ah9 AhA1A'AAAs Nh ~
ternational Law can be found tina
will hold that rules governing know
instruments Of war and their usagI
car be made to apply to new instru
ments of wal which were unknown
when the old rules were made.
The Wilson administration toda.
has placed itself In the position .
demanding OF Germany that tina
country conduct It's maritime Ma
against the allies according to rule
laid down by the United States. with.
out any actual warrant In interna.
tional law. Such a position IS uuton
able.
II Is my belief that future event
will prove that such q position h. un'
5 tenabie. International law Is as much
) subject to the universal law of evolu'
ton IA anything else in this world
Attempts TO maintain old doetrines OF
as thc Bible says to put new wine IN
old bottles ave always failed in
every field ~ human endeavor. in tho
sciences as well as b. government. My
perdictlon H. that the submarine viii
change the entire method Of carrying
on war az sea. and that the method
to bee adopted by the nations viii more