South Bend news-times., 1915-08-16

contravenes he preamble OF The
iague convention No. 13 of 1907. this
government presumes that the refer
ence Is made 10 the last paragrapb OF
the preamble which is as foiiows.
seeing. that in this category Of
ideas. these rules should not in 2rin-
ciple. De altered, in the course OF the
war. by neutral power except i'm a
case Where experience has shown the
necessary for such change for the
protection OF the rights OF that power.'
"Manltestiy the only ground 10
change the rules laid down by the con-
vention, OF which. il should be noted.
explicitly declares that a neutral is
not bound 10 prohibit the expectation
or COntraDand OF war. is the necessity
Of a neutral power to do so in order
TO protect It's own rights. Tie right
and duty 10 determine when this ne
cessity exists rests with a neutral not
with belligerent. It is discretionary
not mandatory. III "A neutral power
does not avail itself OF the right. a
belligerent is not privileged TO COM
plain for In doing so il would be in
the position of declaring 10 the neu-
tral power what is necessary TO pro-
tect that powers own rights. The
perial and royal government cannot
but perceive that a complaint Of this
nature would invite Just rebuke
With reference of the asserted in
consistency Of the course adopted by
this government in relation to the
expectation OF arms and ammunition
and that followed in not allowing sup
plies to be taken from its ports to
ships OF war on the high seas. IL is
only necessary To point out that the
prohibition OF supplies 10 ships OF war
rests upon the principle that q neutral
power must not permits its territory to
become naval base for either belli-
gerent. \ warship may. under Ger
tain restriction, obtain fuel and sup
plies in a neutral port once in three
months. To permit merchant vessels
acting as tenders TO carry supplies
more often than three months and in
unlimited amount would defeat the
purpose of the rule and might con-
stitute the neutral territory a naval
base. Furthermore. this government
Is unaware that any Austria Hungary
snip of war has sought TO obtain sun
plies from port in the United States.
either directly or indirectly. This sub
Ject has. however already been dis
cussed with the imperial German gov
ernment. TO which the position of this
government was fully set forth Dec.
"a. 1914.
I'm view of the positive assertion in
the statement of the imperial and
royal government as 10 the unanimity
of the opinions of text writer's as to
the expectation Of contra band being
unneutraL this government has caused
careful examination Of the princfpal
authorities on international law TO he
made. As result of this examination
II has come to the conclusion that the
imperial and royal government has
peen misled and has inadvertently
made an erroneous assertion. Less
than One-fifth Of the authorities con
suited advocated unreservedIv the pro
hibition OF the export OF contraband
Several Of those who constitute this
minority admit that the practice of
nations has been otherwise II may,
not be inoppOrtune to direct particular
attention to the declaration of the
German authority. Paul Einicke who
states that at the beginning of a war
oeIilgerents have never demonstrated
against the enactment Of prohibitions
on trade In contraband. but adds that
such prohibition may be considered
as violations OF neutrality or at least
as unfriendly acts, if they are enacted
during war with the purpose TO close
unexpectedly the sources of supply
10 a party which heretofore has re-
lied on them
The government of the United
States deems it unnecessary to extend
further at the present time a consid-
Grafton of the statement OF the Aus
tria- Hungarian government The prin-
ciples of international law. the prac-
tice of the nations. the national safety
of the United States and other nations
without great military and naval es-
adjustments, the prevention Of in
creased armies and navies. the adop-
ton Of peaceful methods for the ad-
justment of international differences
and finally neutrality itself are op-
posed to the prohibition by q neutral
nation of the expectation of arms. am
munition or other munitions of war
TO belligerent powers during the pro-
gress of the war
(Signed) LANSING -