The Denison review. [volume] (Denison, Iowa) 1867-current, 1915-06-23
THE SUBMARINE PROBLEM.

In the shadow OF the main cOntr0-
versy between Washington and Berlin,
the conversations regarding the sink
ing of the Frye by the cruiser Eitcl
Friedrich are not attracting much at
tention. The latest German representa-.
tons on this topic are, however, worth
considering as illustrating the diff
Guilty of enforcing old standards OF
international law under new condi-
tons.
Germany chcerfuHyN acknowledges
obligation to indemnify the owners OF.
the Frye and her cargo for their
losses, this PREPARATION being provided
for in the Observation-Disclosures treaty OF
1899. Germany, however, insists that
the amount OF indemnity shall be set
tied i'll a prize court, while Washing
ton thinks IL should be agreed upon
by direct diplomacy The dispute as
to this point is of no Importance. The
really important point OF difference
arises over the question, Was the sink
ing of the William +. Frye illegal?
Washington contends that it involved
not only a violation OF the PruSsian-
American treaty, but of international
law as well. Berlin holds not only
that the sinking OF the Frye was
perfectly legal, but that the sinking OF
any American contraband carrier, at-
ter search and safeguarding OF lives. is
both legal and justifiable. According
to this contention, a German subma-
rine might stop any American ship
anywhere and sink her after taking
Off passengers and crew.
All naval prize regulations were
founded on the assumption that bel
ligerent has the right to prevent con
traband from getting to the enemy.
The only right reserved to neutral
shippers was that of having contra
band proved TO be such in u prize
court before being contiscated. IN the
rare instances in which it was i'm
practicable for the captor to take it's
prize to port the right TO sink it as a
military necessity was conceded, pro-
yided the lives OF crew and passengers
were saved. Gin practice this summary
destruction OF ships was not often re-
sorted to- The declaration of London
tried to establish the rule that 4 ship
should be immune from destruction
unless half her cargo was contraband.
but the declaration Of London never
became effective.
Now that the busy little submarine
has been put al work as a commerce
destroyer, new element must be con
sidered in the matter. II the right TO
use submarine to prevent the deliV~
cry Of contraband is conceded, the
right to sink contraband carrying
ships must be conceded ut the same
time. II is physically difficult for a
little submarine to take captured
vessel to port. When the submarine
is operating where the surface OF the
water is controlled by 4 hostile fleet,
il is absolutely impossible. There
fore, if the Submarine is 10 be used
effectively against contrabanG, it must.
quickly sink the cnntraband carrying
ships in order 10 dispose OF the contra
band they carry. There is no ditli-
Guilty in following this reason.
Germany holds that under the
Prllssian-A American treaty her subma-
rincs constituting her only available
means OF offensive naval operations
may be used to prevent the shipMent
OF cOltraband TO Great Britain and
France TO accomplish this purpose
they must destroy TIE contraband car
rying vessel as well as the cargo, TAX
ing pains only that no lives shall be,
lost in the transaction. Under the
same treaty Germany admits ob!iga-
ton to pay full indemnity for the de-
stroyed ship and cargo. What she
will not admit is that she is under any
treaty or other obligation that will re-
quire her to abandon her only practical
method OF blocking contraband ship
nlcntS to the enemy.
Willie the issue involved in the Frye
case is less grave than that involved
in the Lusi,ania and Guliglt cases
it comes under the same principle. In
the case of enemy merchant ships
Berlin acknowledges no obligation to
save lives while destroying the vessels.
In the case OF American ships Berlin
acknowledges obligation to save lives
and to pay for ship and cargo. In
both cases, however, the cOntraband
and the carrier must go to the bot
tom. That is the German interprc.
tatiOn of military necessity, and Ber-
lin finds no difficulty in constituting
treaty and other obligations to meet
the necessity. Sioux City Jouinsl.
I'VE ought to be glad we have no
4, MT t..t. tI,s