South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-19
INTERNATIONAL LAW AND SUB
MARINE BLOCKADES.


law. Ii is the Joint creation OF all
nations and the general heritage OF
civilization.
II represents. in international rela-
tions what the common law repre-
sents to citizens in their domestic al
fairs.
our common law. inherited largely
from England. has been built up by
the immemorial usage of the race. ~
tvpifes the racial sense of social oroer'
II is an expression Of the racial ne.
Much OF il has been written INTO inc
statutes but all OF it has been estaD-
ushed by judicial decisions over ana
over again: but if every law book i'll
england and America was destroy ed
that body of common law. of rules Tor
the proper behavior OF American cru
zens toward each other, would SIN
exist. II is an intangible thing-as
Intangible as religion and moral'y'
and lust as definite and permanent
II IS an inseparable part OF our ma
tfopal culture. existing in the hearIs
a,d consciousness Of individuals ana
,obeld by the tacit consent OF the
great. ruling majority of honest men
International law, likewise Woulo
exist IL every lawbOok on the supJeS'
were burned. if every Hague COW en-
80, we're repudiated by some or the
stgratories. If every treaty were torn
80, nv angry diplOmats-so lohB 40
,-,aioritv of mankind refused to sane
i'm suob anarchy and upheld the olu
land marks Of law and decehcy'
The great fallacy Of the posiuoh o'-
c,Died at present by Germany ahohs
the nowers is her assumption that she
,orse1f can annul old internauonai
laws and make new ones. by the mere
fat Of her kaiser or imperial couilo"'
To get down 10 cases;
:, has always been agreed among
nations in modern times that olocN-
aae Of an enemy's ports IS not 49, ~
md can claim no recoghlllOi''
!. aeffective" Yet Germany insists
that her submarine blockade OF Gree
o., no recognized as SUCH "He"
more than 90 per cent Of British COM
,,erce slips past unhindered.
crcb slight effectiveness as Ger
-, has given her attempted oiocA-
ado has been due TO a campus"
error rather than TO measures recos
,,zed nv other nations as
e,-u.,,a,,,, has threatened TO break the
,a,rs Of all nations unless her oiock''ue
Us recognized. and she has done So
pecause the British fleet Is more
..arfpI than hers, and she mas Ii'ei
-. teen able to use nothing but SUI
,,arines in her naval warfare ",'N
hose only against merchant
30. warships. she has assumed
- tbe rules TO suit her own
s~,,t She has declared new inter
..ational law. based on the eXiseil0io9
90 submarines alone.
r,,to Of war universally rec
ognized by civilized nations mas
mat in attacking an unarmeu ne
.,,a,t vessel belonging to the enemy
- a++acking beingerent must ooaru
- hin before sinking it, give OMEGA
.,ice and take proper measures
tho lives OF noncom oatah's
.,.o.r, especially the lives OF neu'r",
-,..-o,,s or subjects But II IS mar"
- hazardous for submarine W"
.1,,-a,,s 10 carry out this rule.
- savs Germany. the rule Is "OO'
,N,os sbe has a right TO sink any
s,,.,+r,an without trying TO Save
- -, hoard. without givins them "
-, ~ save themselves, even WIN
,,-srninx whatever. And
'"- -. co down with the torpedoeu
III te,at is their Lookout she al :.
-.bev shouldn't have been on 49,
.houah it is the immemorlai IS
=, ,e,trals 20 travel on the ui''' mo
vessels of belhgerents. III
- on,nion of the majority Oh
,,.-aro,t nations in this war ana '''0
'+,,,.ers,l opinion Of neutral naAo''s
-, - i n say. the sentiment OF tue
..a.t majority OF mankind "llo"
'.,ernational law its form ana
- holds that in the case Oh q
''V' ,,sitanfa. the Germans hao
- -, right 10 capture her as q pre-
rhev had n perfect right III
cose OF danger TO themselves TO SINK
h.r But they had no right whatever
sink her MAAA0AN ~Aftt--
board. unarmed enemies and parucu-
larlv unarmed neUtrals every oppor-
tunity TO escape.
,.Rut 10 give them due warning,
objects Germany, would have given
chem time to escape with the ship. or
TO bring armed warships TO attack as.
There is just the point Germany
pleading military necessity assumed
10 abolish the rules because the rules
were not suited 20 the only form OF
naval warfare that she is able 70 wage.
The simple answer is. that there
were submarines before this war start
I'd that the limitations Of submarines
have been recognized by every nation,
and neither In any international con-
ference nor during the present war has
any power except Germany Oand her
allies. tried 10 change the rules to sult
The convenience % the submarine