New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-08

flag and sail under it to Liverpool.
"The use Of a neutral flag is, within
certain limitations, well established in
practice as a ruse de guerre. The only
effect in the case of a merchantmen
wearing a flag other than her national
flag is to compel the enemy to follow
the ordinary obligations of naval war
fare and satisfy himself as to the ma
tionality of the vessel and the char
acter of her cargo by examination be-
fore capturing her and taking her into
a prize court for adjudication.
"The British government has always
considered the use Of the British col
ors 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 shipping act Of 1894.
an instructions to British consuls in
-4ai4-it -iS-ststed: "A ship, Is liable TO
capture IL British character is i'm
properly assumed except for the pur-
pose of escaping capture.
No Breach of international Law.
"As We have in practice not objected
10 foreign merchant vessels using the
British merchant flag as a ruse for the
purpose of evading capture at sea at
the hands of belligerent, so we should
maintain that in the converse case
British merchant vessel committed no
breach of international law in assum-
ing neutral colors for a similar pur-
pose if she thought fit.
"By the rules of international law,
the customs of war and the dictates OF
humanity it is obligatory upon bel
ligerent TO ascertain the character or
a merchant vessel and cargo before
capture Germany has no right to dis
regard this obligation.
ITO destroy ship, non-combatant
crew and cargo, as Germany announced
her intention of doing. is nothing less
than an act of piracy on the high
seas"
Joseph Surge, a Birmingham magis-
trate, who was one of the Lusitsnia's
passengers, says:
"On an intimation from the Admiral
ty we hoisted the American flag, which
caused some sensation among the pas
sengers. We proceeded under the
American colors, but the British flag
was rehoisted before we reached the
landing stage at Liverpool"
Action Held Justified.
II is held in official circles that the
Lusitania's action was wholly justiiia-
bic, contravening no international law,
and assumes Importance only because
Of Germany's announced intention OF
being perfectly ruthless in her opera
tions against British shipping.
II is not believed that the Washing
ton government will consider il neces-
sary on general principles to make a
protest regarding the Lusitania or the
British policy regarding the use of
flags, but il is recognized that Wash
ington may be apprehensive In this
matter because of Germany's intentions
to torpedo, if possible, British mer-
chantmen. II, actuated by such sppre-
hension, Washington makes representa-
tions to England, this government is
likely to consider that Washington
should approach Germany and demand
the abandonment % the announced
plan of indiseriminate marine destruc-
tion. English international law books,
particularly Oppenheim, show that
while The American naval code forbids
warships to use neutral flags, il was
fact that during the Spanish war two
American warships committed such an
act.
German Prize Law Cited.
One of Great Britain's strongest
points is that the German prize law or
1909 specifically states that German
warshps may follow such tactics. So,
in British opinion, does all interna-
tional law, and il is argued that II war
ships may use neutral ensigns for pur.
poses OF capture and escape or drawing
the enemy into action there can be no
complaint about merchant ships doing
likewise for purely protective purposes
President Wilson will doubtless OBJ
tain a full report of the actual hap
pening on the Lusitania from Colonel
House. who has told the story TO Am
bassador Page. As yet the Foreign Of
flee has heard nothing from Washing
ton. Ex-senator "Lafe" Young, a pas
senger aboard the Lusitania, discussed
the incident to-day.
Apparently the American flag was
used for the purpose OF protecting the
lives of passengers, including Ameri-
cans" he said. 81 must say that
haven't the slightest objection TO such
p utilization of our national ensign. In
fact, it is pleasing, and we passengers
are only too glad that We got through
safely"