The commercial. (Union City, Tenn.) 190?-193?, 1915-02-12
WHY U. S. FLAG USED.
England Allowed other Nations to
Use British Flag.

| WV ~~~S~~~
London, Feb. THE use Of the
American flag by the British steam
| er Lusitania of the Cunard line in
it's voyage across the Irish Sea has
aroused great interest, and although
it did not mention this instance spe-
officially, the British foreign office is
sued statement tonight dealing in
general way with such usage. 1t
argues that the only effect in the
case of a merchantmen flying neu-
trail flag would be to compel bel
ligerent ship to investigate the YES
sells nationality and the character of
her cargo before capturing her.
The statement points out also that
| by the merchant shipping act OF
1894 foreign vessels are permitted to
use British colors for the purpose of
escaping capture.
From stories told by passengers on
| the Lusitania it would appear that
the captain of the liner received his
| instructions to hoist the Stars and
Stripes from the British admiralty
Already he had been warned of the
presence of German submarines.
A Birmingham Magistrate, Joseph
Surge, who was returning from a
trip to the United States aboard the
Lusitania, said that the voyage had
been uneventful until the steamer
arrived off the Irish coast on Friday
morning.
"Then on an intimation from the
admiralty" said he, 1--WE hoisted the
American flag, which caused some
sensation among the passengers. We
proceeded under the American col
ors, but the English flag was re-
hoisted before we reached the land
ing stage at Liverpool"
Officials here hold strongly to the
view that in the use of a neutral
flag British ships, bearing neutral
passengers, particularly Americans,
are fully justified in taking what
ever measures are deemed necessary
to save life.
The following statement was is
sued by the foreign office tonight:
"The use of a neutral flag is, with
in certain limitations, we'll estab-
| lished in practice as ruse de
guerre. The only effect in the case
of a merchantmen of wearing flag
other than her national flag is to
compel the enemy to follow the Or
binary obligations of naval warfare
and satisfy himself as to the nation
atty of the vessel and the character
of her cargo by examination before
capturing her and taking her into
prize court for adjudication.
"The British government always
has considered the use of the British
colors by foreign vessels legitimate
for the purpose of escaping capture.
Such practice not only involves no
breach of international law but is
specifically recognized by the law of
this country in the merchant ship
ping act of 1894.
''In instructions to British consuls
in 1914 it is stated: A ship is
liable to capture if a British charac-
ter is i'm properly assumed except for
the purpose of escaping capture
LAS we have in practice not OBJ
jected to foreign merchant vessels
using the British merchant flag as a
ruse for the purpose of evading cap
ture at sea at the hands of bellig-
erent, so, we should maintain that
in the converse case a British mer-
chant vessel committed no breach of
international law in assuming neu-
trail colors for a similar purpose if
she thought fit.
"By the rules of international law
the customs of war and the dictates
of humanity it is obligatory upon a
belligerent to ascertain the charac-
ter of a merchant vessel and cargo
before capture. Germany has no
right to disregard this obligation.
"To destroy ship, non-combatant
crew and cargo, as Germany an
nounced her intention of doing, is
nothing less than an act of piracy of
the high SEAS"