New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-25
HOLDS BRITISH WRONG
IN CONTRABAND CASES
Professor Theodore S. Woosey Authority on lnterna
tiona Law, Declares Copper and Rubber Shipments
to Neutral Ports Cannot Legally Be Interfered With.

band. Rubber. in the Declaration OF
London. was placed in the list OF ar
tcles which could under no clrcum-
stances be contraband. while copper
was not mentioned at all. Early IN the
war they were both placed on the 'oc-
casionaP list. Then apparently the
British authorities realized that By the
Declaration of London the doctrine OF
the continuous or indirect voyage could
not be applied to occasional contra
band. To meet this difficulty copper
and rubber were placed on the ABB
solute' list, although the Declaration
saws only that articles exclusively used
for war may be added to the list OF
absolute contraband by declaration
which must be notified.
This is so technical as 10 need OK
PLANTATION. We were shipping. copper
TO neutral ports. Il was therefore nov
contraband, and could not legally be
seized. because hostile destination Is
essential TO contraband. But, SAID tne
English, il goes overland, across ltaly
or Holland or Denmark to an eventual
hostile destination, therefore IL
contraband. Our reply should have
heen 'You NAV be excused owing 10
IT'S large use in making cartridges, IN
but Won are expressly forbidden by the
Declaration OF London to make It alb
solutely so, hence its shipments to
neutral port cannot be interfered WITH.
The continuous voyage cannot apply.
The only answer possible is 10 deny
that England is bound by the Declara-
ton of London because Parliament re-
fused TO ratify il. This is true, yet
early in the war the Admiralty an
nounced that it would, nevertheless, be
governed by IL, though making changes
in il.
But the rules governing contraband
did not originate with the Declaration
in 1909. That naval code embodied the
accented law, few points remaining
in controversy. Whether one judges
the British actions By the rules of the
Declaration Of 1909. therefore, or by
an earlier standard, her fault in calling
copper absolute contraband is the
same. understand Germany has
made Swedish lumber bound 70 Eng
land contrabond, which is also unwar-
rsnted. Both belligerents are inclined
alike 70 disregard neutral rights. The
seizure of copper is but one instance.
Taking reseryists out of Dutch ship
on the high seas, if the facts are cor
rectly stated, is another instance not
essentially different from the Mason
and Slldell case. Making the whole
North Sea a war area when II had
hitherto been high seas, and hence in
capable of such appropriation, is
third instance of belligerent aggres-
sion.
These are highly technical ques-
tons, but vital 10 the neutral shipper.
Yet IL is not a question of profits, II IS
a question Of law and OF rights. Like
the great majority OF thinking Ameri-
cans, regard Britain as in a sense my
champion against the spread OF certain
ideas dangerous 70 civilization. But
want my champion to be without re-
nroach. For her sake as well as Tor
our own. IL she values our good VIII,
we should insist that she keep within
the law, and when she alleges necessity
as An excuse for framing new rules or
violating the old, we should remind her
that Germany gave the same reason
when she invaded Belgium and lost her
own honor thereby"