The Washington times., 1915-05-17

of a state or its citizens to the citizens
OF another state.
The reasons are manifest. In the first
place. to pay debts to foreign state
during war would be to furnish the
sinews of war to the enomy. In the
second place. II the debtor declined to
pay, there would be no chance to en-
force collection because the debtor, an
enemy alien, would have no access to
the msrt tcountrXs courts to enforce pay
The suspension OF payment on debts,
even government bonds, held by alien
enemies is not equivalent to contisca-
tion of these debts; and after the con.
again.
Would Be Reason.
Thus an American railroad would per-
form a reasonable act II, while
America and Germany were at war. It
should pay to German citizens the divi-
dends on its stocks. held by such Ger
mans; but after the war those pay
ments would be made, under provision
In the peace treaties.
Conhscation of debts applies in diff
ferent class of cases. Under the
ancient practices of international law,
not now in favor. 1t was customary
for government to confscate de BITS
owned by its people to alien enemies
That Is, the American Government
would demand list Of the securities
of an American company that were
held in Germany, and would direct that
these debts were now owing to the
American Government. which would re-
ceive the interest, dividends, and prln-
cipal. This method of actual oonhsca-
ton to the government of debts owed
to aliens Is now disapproved in uni
versal practice.
But there is yet another set of cases,
in which conf1scatlon may be applied
at anv time. 1t was done during our
regarded by the Federal Government
a. a particularly hostile and ob1ection-
able enemy of the government, his es-
tate of Arlington, Va, opposite WASH,
ington was formally, confiscated. ana
But 1t is worth while to recall that even
in this case the Goveernmnt. many
wears afterward, compensated his heirs
for 1t by act of Congress.
Property Confscated.
In precisely similar manner much OF
the property now included within the
Soldiers Home grounds in Washington
was confscated during the war from
the estate of a prominent citizen of
WASHINGTON. who, though he lived In
the National Capital. was believed to
be a sympathizer of the South. and
RlNlnR ala ana Cp1Il1OIl W IL ~ ms
case also, payment was afterward made
though 1t was done as a special conces.
sion, and not under requirement OF any
practice in international law.
Germans living in the United states,
unna aturalized. are liable. under strict
construction. to like penalties. though
nobody imagines that they would adopt
such an attitude as would move the
Government to !nf1ict them. The poin,
is that a great body Of property and OF
.I, ,tx . ha thu N n
good deal Of legislation would be neces.
cary, during and after a war, tc
straighten out complications: The
whole tendency in modern practloes has
been to make wars interfere Just as as
little as possible with the processes OF
business.
In Peculiar Status.
The forty-eight German vessels In
termed in this country. appraised a
worth nearly a haf-billion dollars. arr
In a peculiar status. Intetned here be,
friend, they would suddenly be found
to be in the complete power of a new
enemy. It is explained that the peculiar
obligation which the United States hal
assumed toward them raises question!
not before broached: whether It would
be violating a very special and unusua
faith to appropriate the ships now, 4
this country and Germany were a
war
The procedure which tho authorities
believe correct would be to notify tn,
vessels that they must leave American
territorial waters, and to give them I
fair chance to do so. After that, the.
would be liable to seizure by Amerfcai
war vessels, or by the vessels Of Amer
ica's allies. Or, II tho Germans pre-
ferred. they could decline to leave. tn
| United States Government could taxi
| possession Of and formally conhsost
| the vessels. and let tho whole business
! be settled after the wars end.