Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-08-19
WANT LAW TO PROTECT
THE AMERICAN FLAG
FROM DISSERTATION
Business Men, Aroused by Use
of Emblem on Belligerent
European Ships, Will Ask
Congress to Act
J. H. MOORE FAVORS PLAN

Business men and shippers of this city,
aroused by the continued misuse of the
American flag by beligerent European
nations, will urge Congress to pass a
law at the next session in December
which will deny the use of American
ports to foreign vessels which continue
this practice.
According to Jasper Yeates Brinton,
ex-Assistant United States District At
torney. who has offices in the CONNER
cial Trust Building, there is no interna-
tional law or statute of the United States
under which the offenders cant be pun
isheu.
Germany's protest. therefore, in which
she alleged the misuse of the American
flag on seven occasions by British ves-
sells, cannot be automatically considered
by the United States.
Recently several bills We're introduced
in Congress looking TO the protection of
the American flag on both land and sea,
hut in every instance they failed of
passage.
Congressman J. Hampton Moore, who
introduced one of the bills, said that he
would be willing to cooperate with
other members of Congress in the enact
ment of law that would prevent the
desecratiOn of the flag.
II find on inquiry that there is no law
of the United States which in any way
protects the American flag on the high
seas" said Mr.. Moore, "as against the
improper and deceptive use of it by a
foreign or belligerent nation or by a
pirate,
Tn times gone by it was customary for
merchantmen desiring to save their lives
in time of war to raise the flag of a for
eign nation or of some other nation than
the United States, but that was in the
days of the old wooden ships, when the
conditions were vastly different from what
they are now,
There Is no law to prevent this desc
Grafton now, and / believe 1t would be
wise and would certainly be honorable.
1t would certainly not cOndOne to the per-
adity that men sometimes resort 10 in the
misuse of the flag on the high seas If We
had a law I'm the United States which
would provide that If any foreign vessel
used the United States ports and adopted
the ruse of stealing the American nag
and thus sailing under false colors to de-
ceive anybody, it should not have the
further use of our ports
In outlining the law, Mr.. Brinton said:
1T Is clear that vessels using the flag
of the United States as ruse 10 escape
capture by the German torpedo feet,
violated no rule OF international law.
The incidents, however, will serve a use
ful purDose If they direct public atten-
tion 10 a situation in which all neutTals
are deeply interested, but one which has
been completely neglected in interna-
tional conferences and conventions. There
are no clearly established rules regulat-
ing the display by merchantmen OF tiags
Of another nation.
.'In a general sense, however the right
Of a state TO take action for the prOtec-
tion OF its flag and to prescribe the con-
ditions of its use Is well recognized, al
though in the absence OF affirmative
action by statute or treaty no ground
for diplomatic complaint exists. The
matter Is one which, in the first in
stance must be dealt with by the mu-
uieipal law Of a state or by a treaty
"Calvo and Oppenheim, two OF the
leading European authorities on inter
national law, both express the general
principle that men-of-war Of any nation
may capture and bring 10 port for pun
ishnent any foreign vessel sailing under
the flag Of that State or nation without
authority, but the International Law IS
silent as to the enforcement or deani-
tion OF this general right.
so far as affirmative action Is con-
oerned the record Of the United States
Is one OF complete silence. Congress has
never even taken action 70 protect the
national hag upon Land leaving its pro-
lection 10 the uncertain 8uardianzhip q
tha aegerai states.