South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-02-18

10 fOregO the exercise of the right OF
visit and search. Vessels which are
apparently harmless merchantmen
can be used for carrying and laying
mines and even fitted to discharge
tOrpedOes. Supplies for submarines
can without difficulty be concealed
under other cargOes. The only pro-
lection against these risks is TO visit
and search thoroughly every vessel
appearing in the zone of operation
and il the circumstances are such as
TO render ii impossible TO carry it out
at the spot where the vessel was met
with. the only practicable course is
TO take the ship TO some more con-
venient locality for the purpose. To
do so is not to be looked upon as a
new belligerent right, but as an adap-
tatiOn Of the existing right to the
modern conditions of commerce"
Ask Government Help.
1T is the common experience" the
British foreign secretary continues,
that neutrals whose attempts TO en-
gage in suspicious trading are frus-
trated by a belligerent are wont to
have recourse to their government
for redress.
When an effective mode of redress
civilized country by which they can
obtain adequate satisfaction for any
invasion Of their rights which is con-
trary to the law of nations, the only
course which is consistent with sound
principle is that they should be re-
ferred to that mode of redress and
that no diplomatic action should be
taken until their legal remedies have
been exhausted and they are in a po-
sition to show prima facie denial of
Justice.
THE course adopted by his ma
iesty's government during the Amer
lean Civil war was in strict accord
ance with this principle. In spite of
remonstrances from many quarters
they placed full reliance on the Amer
ice , prize courts to grant redress to
the parties interested in cases of al
legged wrongful capture by American
claims until the opportunities for re-
dress in those courts had been ex-
nausted. The same course was adopt
ed in the Spanish American war"
Furnishing Particulars.
Sir Edward Grey reminds Mr. Ryan
that Great Britain is now furnishing
the United States with particulars of
every ship seized under American col
Ors and that a special committee has
destination of cargOes and facilitate
the release of ships. He continues:
Particular attention is directed in
you eXcellency's note to the policy we
are pursuing with regard to condi-
tional contraband, especially foods - ifs
and il is there stated that a number
OF American cargOes have been seized
without, so far as your eXcellency s
government are informed, your being
I L
a reasonable belief that the shipments
had in reality a belligerent destina-
ton and in spite of the presumption
of innocent use due to their being
destined TO neutral territory. The
note does not specify any particular
seizures as those which formed the
basis of this complaint and / am
therefore not aware whether the
passage refers TO cargoes which were
detained before or since the order in
council of the 29th of October was
issued.
"The principle that the burden of
proof should always be imposed upon
the captOr has usually been admitted
as a theory. In practice. however, it
has almost always been otherwise and
any student of the prize courts deci-
siOns of the past or even of modern
wars will find that goods seldom
I escape concentration unless iHtlf
owner was in a position to prove that
their destination was innocent
Burden On Claimant.
In the peculiar circumstances of
the present struggle" Sir Edward
Grey continues, where the forces of
the enemy comprise SC large a pro-
portion of the population and where
there is so little evidence of shipments
in private as distinguished from gov
I q Is m 81 - \ IN q
that the burden of proof should rest
upon the claimant.
The circumstances of the present
struggle are causing his majesty's gov
eminent some anxiety as to whether
the existing rules with regard to con-
ditional contraband framed as they
were with the object of protecting 50
far as possible the supplies which were
intended for the civil population, are
effective for the purpose or suitable
10 the conditions present
The British foreign secretary then
quotes from Bismarck's statement in
1884 declaring that there was no rea-