The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-28

,he right Of a neutral trader to ship
foodstuhs under any circumstances
to an enemy OF the Allies.
So long az the law. meagre AZ II is,
makes the test a. 20 whether food
stuns are contraband depend upon
their hostile nse by a ~belligerent force
there is strong temptation for a State
engaged in war 10 make it as hard as
possible for the neutral shipper. That
temptation j. Inc TO modern conditions
likely to exist n the enrmy's state 10
which food is sought 10 b. transported.
Every port is likely 10 be a fortified
place. every hushcl Of gran that
reaches its destination IS subject TO the
control of the Government. Tn. Gov
crumeut determines which OF its people
shall strive; II can feed its army with
every ounce Of food within itx tern
tory.
Thus every barrel Of Tour from a
neutral source has N reality a hostile
destination. for IL becomes n, once
upOn lis arrival a Government store
This fd'T seems 10 b, the real ground
iur the latest English decree. The
German Government announced It's d.
,lSion To- take over the food SUNNY
"f III" country. beginning February /.
IN order TO insure it's better distrlhu-
tim and consumption. The following
day England declared foodStufs con-
trahard even when shipped 10 civilians
in Germany.
In the second British reply TO the
United states announced to-day Eng
Ian seeks 10 Justify its course Sir
Ed~lrd Grey admits that the principle
that u hclli@er'Ut should abstain from
int rfcr"nc" With the fpodstuns in
tcuded for the civil population has
heretofore ho"n StoIiuy maintained by
t.n-ianu. He doubts. however. whether
1t should hc regarded as an established
principle Of international law at the
present tim, in the absence Of Ger
tainty that 1t would be respected by
hOtN parties 10 tho war.
The German Ambassador al Wash
inston in 4 not~ declares that the de-
cision Of his Government 10 tnke over
h food supply NJ the cpuntry does not
Apply TO grain and flour imported after
January ~, and that the order W the
federal coun"Tl made express prnlision
that imported cnreak and iiOur ". cx-
cluSiv"ly suh to munici pailties az other
civilian orEanizGinns, and WIS de
signed simply to throw those articles
into Suvh channels as supply the pri-
ra,e con sumption u' civilians.
II il also undersonl that the Am
basSihIr has formally assured the De
psirtmcnt III StIb, tiEtt n particular
cargo or American foNisiuffs now On
hoard a neutral ~vtssslheid IN ENGLAND
n destined 10 private individuals in
Germany is not intended for Govern
mental use ana win not ne so nse,i. II
such assura IL brought home to the
British Government or 10 a British
prize coIrt IN" cargo wOuld not app~ar
10 have a hostile destination, sor
ing To- he criterion ~ International
law, while diS1"g'rl II the assurance
would apu"lr To mean osrnt"npt for
= tn good faith - tho rnrmv.
From tu, tnr,2o.u4 situation il
must hn app rem thdt ,nr Nhoir law
OF '~"rttaNtui rem. NJ un.rtt,ed
Finer Is u divergence y view ~ "a
what ~ absolute couIrahand and
what IS cCnuitinnll "ontrablnd: there
rs Disagreement as to when ,uuii-
t'onai 'ontrubarri - ; ihtct TO CAPTURE
and condemnation, There j. a tend
ency TO place upon tn" neutral shipp~r
in the most innuc"nt trans-
action an OVERWHELMING huri~n Il
proof ~ tho only upTLIsS Of saving hs
cargo from complete los-.
Finally, IN the ctse 81 forrtstuNs
th"'e IL "a temptation, as has been
seen. to imputo u hostile destination
t" every cargo bound for a h~slligp~ent
port whospcvcr miv h. tho act,hl
conSignee. In addition TO Inc foregoing
difficulties, there is the natural pro