The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-07

ton which is successful is going to
prove permissible
The rules regarding deception, such as
flags on vessels and other tricks calcu-
lated to mislcad, have never been very
clearly defined, it Is said. Even such
rules rs did exist are not regarded a.
counting i'm this war, as none OF the
Hague conventions Is now IN force owing
TO the fact that no one OF them was
signed and ratified by all the parties to
the present conflict
The only rule which is regarded as
fixed and binding is That IN regard to a.
naval vessel sailing under false colors
and that is more "a matter of internal
tional naval etiquette and sportsmanShIp
than anything else. The rule Is that a
vessel of war must not open fire upon
q enemy vessel under any other but her
rightful flag
IT she is dying q false flag when she
encounters an enemy vessel. she lis sup
posed to hoist her own colors Just be-
fore opening fire. This rule always has
been oberycd In the United States and
other navics Although In the Ameri-
can revolution and i the War of 1912
American vessels of war more often
than not sailed under other than Ameri-
can flags looking for British wsrships
and mCIchaUtmou. the United States
Colors were always hoisted before action
was entered into This same rule was
observed 10y the Conf dcrate vessels of
war in the civil war
There is 90 law forbiding a merchant
vessel from flying neutral flag, but
if she ~ an enemy vessel she runs
risk nf serious consequences II her de-
ccptiou is discovered a British vessel,
for example. found on the seas by
German Wtrship aud living the Ameri-'
can flag would be shown no mercy II
the deception was discovered by the
German warship.
on the other hand. In the event Of the
destruction of such a British ship while
nyiug false Colnrs the British Govern
mcnt would have no ground for claiming
damages because the vessel was flying
the American flag Neither would the
United States Government have any
grounds for objection to the misuse Of
the American flag IT is for bclligerent
% protect himself against abuse of a
neutral flag by enemy vessels. not for
the Government the flag of which is
abused. The circumstances obviously
make II impossible for the neutral Gov
eminent TO exercise any control over
vessels ON the high seas in this regard.
u has been repeatedly charged In this
war that one side or the other has been
Disgusting its forces as those of the
enemy IN order to take IL at a disad-
vantage. MI the belligerents seem to
have been guilty OF such practices to an
equal degree, II their respective COM
plants against each other are any in
dication
The French charge that the Germans
have disguised their soldiers I'm French
uniforms. while the Germans have
charged the same thing against the Rus
SLAMS. II is the duty of the belllgerent
to protect himself against such rusfs.
The usual punishment of the enemy
forces caught In such receptions Is that
Of spy rather than that Of a combatant
captured as such. The one is likely To
he shot. while the other is supposed TO
he made prisoner Of war and treated
az such
The rules of war indicate in a general
way that belliRcrents must look to them
selves in the face Of tricks and decep-
lions. by common consent, however. Il
seems to bo permitted to mete out much
harsher treatment to an enemy found
practising deception than one attempt
Ing no subtertuge OF concealment OF
identity.