The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-24
a Peril of the Shipping Bill.

Senator Roof in his brief but ndmi-
rnble speech against the Government
shipping bill in the Senate on January
4 denounced thar measure because "it
proposes Ia put the Government of the
United States into the foreign trade at
time when that trade necessarily in
wolves frequent, almost constant queS-
tionS Of critical Importance aud great
delicacy and difficulty arising upon the
law of nations regarding neutral and
belligeront rights"
In the course of his remarks Mr..
RoOr pointed out that the bill would
place our Government in a position
whore It's good faith would he ques-
tened ana iis violation Of the law IF
nations asserted in many situations
which would be likely to arise
When Mr.. RooT was member of the
Alaska Boundary Commission, which
ultimately settled the long yeNed Alaska
boundary dispute in favor Of the United
States. one Of his associates on the
commission Oh the British side was
Niscomt ALNFRsIoNF, Lord Chief Jus
ti"c Of England. Lord ALyERsToNE, IL
will he remembered. gave the casting
vote in the ultimate decision in favor
or the United States. lie is better
known to lawyers as Sir RICHARD WEB.
STIR, his title before his elevation tn
the bench, when he was one of the &C.
knowledged leaders of the English bar.
lie has recently retired in consequence
Of i'll health, hut he has been able 10
give the public u most Interesting ac-
count of his professional experiences
In volume entitled "Recollections Of
Bar and Bench" which has lately been
issued from The press in England.
In this volume Lord ALvFRsToNE
gives the following account of Il cas-
which aptly illustrates the veXatious
questions of an international character
which will he almost certain to arise IL
the United States Government under
takes to carry on commerce by means Of
Government ships:
"In the year 1878 I was counsel In tho
case Of the Parchment Beige. which raised
q point OF international law OF some
Importance. The Pavlement Beige was
owned By the Belgian Government. She
ran as mail packet between Osteud and
Dover, but carried merchandise and pas
scngers like an ordinary ship Under
these circumstances we contended that the
privilege which attached to Government
ships was lost and that proceedings could
be taken against her in respect OF a
collision with British vessel in Dover
harbor which occurred during one OF her
voyages. This view was supported by
Sir ROBERT PHTLrnoGE in the Admiralty
Court, but the Belgian Government took
the case to the Court Of Appeal where
1t was argued before Lord Justice JAMEs
and two other Lords Justices, who al
lowed the appeal and reversed the decl-
sion Of Sir ROBERT PHrILIMoRE, holding
C,nt although the vessel was trading the
protection which should be accorded to her
as Government vessel was not lost"
The shipping bill expressly provides
that the vessels To he purchased or con
structed hereunder shall be entitled
10 reg slry under the laws Of the Unted
States and shall he deemed vessels OF
the United States and entitled to the
benefits and privileges pertaining to
such vessels; except such vessels shall
engage only in trade with foreign cOun-
tries or with the Philippine Islands
and the Islands of Guam and Tutulla."
Here we have just such conditions as
existed in the case mentioned by Lord
ALyERsToNE. The vessels operated I'M
der the shipping bill will carry mcr-
rhandlse and passengers like an ordi-
nary ship, yet no doubt our Govern.
ment will assert, as did the Belgian
Government in that case, that although