Bisbee daily review., 1915-05-16
HE LAW OF TIE LUsITANlA CASE.

THE LAW OF THE LUSlTANtA CASE.
 The rule of maritime warfare which imposes upor the commander of a ship Of war duty of providing fo e safety of the passengers and of any vessel h' may elect to destroy is plain unmistakabe in it's ap pcaton to every case it has been everywhere anc by an civilized nations accepted bidding obblsa tion The rule is af much universal acceptation and assent that the text writers for the mento it only in passing allusons. when Holland that eff ship and cargo belong beyond question the enemy the captor may after taking of the crew sink -h' ship" the rules relating to the destroying of prize adopted by the Intitute of International Law at Turh in 1882 it was declared that "in any the copo must remove the persons on board" The German gov erument in an official document at the beginning of th war railed at France and England for allyng them selves with Russia nation of "unkulter and barbarisu yet in the Russian special instructions to naval com manders issued 1900 it declared that the con mander of Che imperial cruiser has the right to bur or sink detained after having previously take hcrefrom the crew. In all the discussions Of maritim warfare the obligation to save crew and passengers assumed precisely as in any comment upon the crim nal lay it would be assumed that in all countries made punishable crime
 The man in the street may have some possible e
 
 is something more than surprising to hear from C lips of senpter William J. Jones Missouri Chsirma of the Senate committee on Foreign Relations, thes nsnuated excuses or paiatons of the dastardy crim committed by Germany in destroying the LustanI without warning and with such brutal indifference to tn fate of her company that there are than Lio names in the list of the dead:
 We connot overlook the fact that the Lusitanl vas British ship flying the British flag and subjec at any time be put into actual naval service of tn government Indeed it is stated that the time sh. was attacked she wbs carrying military reseryists England for service in the British Army True th passengers went aboard a beIligerent ship with flu knovIcIge of the risk and after official warning by th German Government When on board British vesse they were on British soil. Was their position sul stantay equivalent being within the walls of for uned city? If American citizens stay within g cit, begiesed or threatened and the enemy attacks, who should our government do if citizens should b injured?
 We oyeook nothing take full account of all th iacts-that the Lusitania enemy ship flying tn enemy aag. that she carrying munitions of wa to the enemy and had board reseryists sailing io service in the British Army These undisputed fact gave the commander of the German submarine m right to destroy the ship Nothing could give him tn right to destroy or imperl her crew and passenger Senator stone stumbes into a comparison with th statues Of neutrals within walls of fortified eft under siege But law requires the besiel ing force to give notice of bombardment "The office in command Of an attacking force" the languag ol The Hague convention, must before commencn bambardment in cases assault do an in his powo io warn the authorities" Neither in law in cu tom is there any exenuaton for this act of monstrou inhumanlty no exception. no condition. be mad to shield t from Che full force and condemnation deserves and has received. And Che warning adyerts ment published by the German Embassy here. beiH notice Of an intent to commit crime is of no mol avail for oxculpaton than Blak Hand letter of hrea
 Tho rule of mercy to the crew and passengers captured merchant ships of the enemy rests upon q universal principle that the operations Of are ca ried on against armed forces not against the enemy peaceabe citizens or subjects certainly again neutras. t rests upon the principle Of the instruction for the government of the armies of the United Stat in the field during the civil war code prepared
 Dr. Lieber and revised by the hand of Abraham L coln in which it declared that iR arms main moral beings responsible to one another and God" Germany snapped her fingers at the laws
 war aud al Che law morality when she did mis de