Evening star., 1915-11-09
''Ungenerous'' and ''Unfair"
Are Other Terms Used by
Thomas Gibson BoWIes.
HARASSING OF NEUTRALS
IS ADMITTED, HOWEVER
English Writer on Maritime Law De-
tends Seizure of Suspected Ships.
Attacks Order in Council.

LONDON, November 9.-Thomas Glib
son Bowles, one of England's best
known writer's on maritime law, speak
ing with reference to the American
note. says that in many respects he re-
garded it as '.uncandid, ungenerous and
unfair
He is equally severe in his structures
on the British foreign office, which he
declares has invited and propounded
new rules of sea warfare resting on
new principles, without warrant either
from the recognized law of nations or
from any international Instruments
The contention of the United States
that Great Britain had not established
an effective blockade he regards as
Just, and this contention alone he finds
worthy of consideration in the note
with the exception of the complaint re-
specting detained ships subsequently
released, as the innocent were forced
TO bear the expense of detention. This
Mr.. Bowles says. is unjust, though he
thinks the matter small one as COM
pared with the greater issues involved.
agrees With One Point.
81 do hold" he says that in the
gestion that it establishes an effective
blockade, Sir Edward Gray has gone
wrong, that he has undertaken to
harass neutrals by methods in a way
not sanctioned by the law of nations
50 far. l agree with the note. Never
theless. the note itself is in many re-
spects ungenerous, unfair and uncan-
did. and the United States must remem-
Der that are fighting for our lives
and the liberty of the world and that
this is not time for quibbling."
Defends Seizure of Ships.
Relative to the protest against ships
.ns seized and taken into port merely
cn suspicion, Mr.. Bowles argues that it
is ridiculous to think that they can be
effectively examined at sea, adding:
THE suggestion that vessels should
not be stopped on bare suspicion is nom
senscal There can be only bare sus-
picion when the vessel is met, and only
bare suspicion even after she has been
visited and her papers, her officers and
her crew exalnined. On other ground
save bare suspicion is murderer ever
arrested; nor is he held guilty until the
court has so pronounced.
ITO say, as the note does that during
the American civil war there were no in
stances when vessels We're taken into
port prior to prize court proceedings, is
TO state what is at once untrue and
upon conjectural suspicion that during the
civil war the Springbok was brought in
and the case submitted to d prize court ?
1t is the court, and the court alone, that
hangs murderer, or confiScates a cargo
or condemns ship
Reproach Called Unmerited.
Another argument suggested, rather
than used, in the American note is that
BNtish prize courts, forgetful of their
duty, which is to administer the law of
nations, and no other law whatever
municipal or otherwise, have nevertheless
decided cases as the British government
wishes, not as that law prescribes This
reproach is as unrnerited by any English
as it would by any American prize court
Our courts have repeatedly declared
and more than once acted on the prin-
ciple, that when the will of the govern
Inent conflicts with the law it is the
law. and not the WILL that they en-
force"
Refers to Landmark Rulings.
Mr.. Bowles referred to various prize
court rulings which are regarded as
landmarks. pointing out how American
decisions are cited here and English
precedents are cited in America.
Let it be remembered" he went on
with smile, that IL is in these de-
ClSlOIiS diOHt tildt JNe Ia" OF nations
can be found. not in any contentious.
and often inconsiderate, utterances of
either Sir Edward Grey or Mr.. Lam
sing"
Referring to the order in council. Mr..
Bowles said:
1T inhicts injuries because Of the un-
warrantable exercise of unwarranted
powers; yet it abandons belligerent
authorizes If it had been drafted with
the double object of assisting the en-
emy and creating a quarrel between
US and neutrals it could hardly have
been better drawn
New Conditions Imposed.
Considering the American note from
the viewpoint of the modern develop
ment of submarines and the influences
1t exerts on sea law. the naval corre-
spondent of the Times says lawyers
and diplomatists must recognize that
new conditions are thus imposed.
But unfortunately" he adds, Il find
as a seaman little indication of this
new manner of looking at the subject
In the American note"
Referring TO the contention that
there is no difference between examin-
Ing vessel of 1000 tons or one of
10000 tons except the difference in time
required. the correspondent observes:
Time is the essence of the problem
We cannot afford to have our war ves-
sells hanging about exposed to sub
marine attack while suspected ships
are being searched, and those naval ex-
perts who advised the Washing gton gov
ernment cannot have had any expert
ence with the particular danger which
awaits boarding vessels. 1t would be
suicidal II our authorities ignored the
threat of the submarine and its bearing
on the necessities of war
The submarine has made necessarv
new methods OF offens and defense
not only for war vessels awaiting an on
portunity to give battle, but for those
engaged in executing our belligerent
rights"
Sees Long Discussion.