Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-02-22
u. S. STEAMER
Continued From Page C-e)

intercepting commercial shipping.
when anchored automatic mines
are employed, every possible precau-
ton must be taken for the security
Of peaceful shipping"
These articles were never approved be-
cause of objection to their weak phrase
ology Germany at the time pointed out
that the belligerent has only to assert
a different object in order to make 1t
illusory" Germany's opposition was
backed by France and Russia. although
England favored a proposal TO prohibit
outright the use of contact mines for
closing against commerce ports that were
not being attacked from the sea. Inter-
national law authorities pointed out at
the time that naval commanders under
the suggested convention could easily
think of some reason for laying a cor
don Of mines off an enemy's port than
that Of intercepting commercial shipping.
One eminent English authority, Profess
sor Lawrence, who was disappointed at
the failure of The Hague convention to
provide for regulations against the use
of mines, wrote prophetically then:
Whereas in the past the only way of
closing an enemys port against all neu-
trail commerce was to blockade it, and
the only way to blockade it was to sta
ton a ship or ships in such a position
as to create evident danger to all vessels
attempting ingress or egress for the fu-
ture it will suffice, in the Judgment of
many powers, to lay a Gordon of anchor
ed contact mines across the approaches.
Neutrals must indeed have lost all viril-
ity if they will quietly submit to this 1t
will not mean the comparative triviality
of having their ships and goods confs-
Gated by bell!gerent prize court. They
will be destroyed instead. and all on
board will be sent to their DOOM"
Inasmuch as the second Hague con-
vention failed to provide an agreement
on the subject of mines. previously ac-
copied principals Of international law
are held to be in force. In one Of the
publications Of the United States Naval
College for the benefit Of American naval
commanders, the status of the question
of mines and torpedoes is thus summar-
ized:
TT may be affirmed that the use of
as between belligerents. This position
does not imply that mines may be used
at will without regard to those not con-
cerned in the war.
'It is generally admitted that the bel
ligerent jurisdiction is the proper area
for hostilities. Within this area, there
fore. there may be a greater freedom
of use of mines, The sole restriction here
should be that the mines should be un-
der control, that is, the belligerent
should be able to control the mines in
such a way that they should not imperil
the neutral or the belligerent might
keep the neutral from or guide him
through the mined sea. The use Of mines
should be confined strictly to military
operations and areas and the perils
should not extend to innocent vessels"
The reference in the message from
American Consul Fee to the destruction
Of the Evelyn "at Berkum' was inter-
preted in some quarters az meaning the
vessel was within the territorial waters
Of Germany when she struck the mine,
consequently some officials believe a
claim for damages against Germany
might be made by the American owners.
AS the Evelyn was insured by the United
States war risk insurance bureau and is
the first vessel lost that had been COW
cred by government insurance, an inter-
esting phase in international law may
grow out of the proceedings.