The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-08-17

ridentally seems TO have been modified
already by prohibiting the delivery OF
warships and certain supplies for war
shiTs of belligerent countries that the
varions rights rs conceded to neutral
countries in the spirit Of the preamble
Of the last-named convention are lin
tied by the requirements Of neutrality
in correspondence with the accepted
principles of international law.
According TO all the authorities on
International law who have especially
dealt with the questions which here
arise, the neutral government is not
permitted to allow unhindered trade
in contraband Of war if this trade as
sumes such proportions that the cOun
try neutrality is thereby impaired.
Cant Accord with Neutrality
"In Judging the admissibility of the
trade in eontraband of war, one can
use as basis any one of the various
criteria established by law and arrive
according to each, at the conclusion
that the export of war materials from
the United States as it is carried on
in the present war cannot he made to
accord with the requirements of neu'
trality. II is not a question as to
whether the branch of American in
dustry occupied with the production Of
war material shall he protected in
order that its export, as it has been
carried on in peace times, may SUI
fer no impairment. Furthermore this
industry has experience an unexpected
increase because of the war. In order
to manufacture the immense amount OF
weapons, munitions and other war ma
terials of all kinds which Great Britain
and her allies have ordered in the
United States of America in the course
of the last month, it required not ONLY
the full utilization and adaptation OF
exiscing plants, hut the creation Of new
factories as well as the diversion OF
large numbers of workmen from a
branches of trade-in short, wide
spread change in the economic life Of
the Countrywide right of the Amer
can government can from no quartcl
be disputed to decree an embargo OF
this obviously enormous export of wa
material which is VIGOROUSLY for the
| exclusive benefit of one of the bellig
erent parties.
Suggests Passage OF Law
"Thc United States government
could meet with no rCproof If it were
| to avail itself Of it's competency, eN 81
if it took recourse to the passage Of {
law in accordance with its ronstitu ioo
| Even if il proved correct in principle
| that a neutral state may not chance
| the law, in force within it's iuriSdic
| tion concerning its attitude tOward b |
ig"r"nts during the war, there is how
ever, AN exception to the princirlc a
| is clearly shown in the preaml r. O
the thirteenth Hague convent on -
'whrr" experience has shown the ne" =
sitv for such change for the protection
Of tn" rights Of that power.
"This rHsr arises for the Unite,
States Ln,"rnmcnt by the mere far
| that Austria hungary as well as Ger
many or" cut otT from any commercial
| intcrr, ups" with the United State
without the -, is'cncr of legal groun'
legally rir,rti"" lJorkade.
'To the possible objection that al
| though American industry is willing I,
supply Austria hungary and GERM ~
~ we'll H. Grrnt Britain and her al!ios
the lnlt"d States is not able to carry
on trad" in the consequence of the wa
| situation. II NAV we'll he mentiOne,
| that III" 'uit"d States is without do ID
| in a position to remedy the ahOvPhP
srrh"d condition. It would be entirel'
sufficient to hold ont to the adversarie
| Of Austria Hungary and Germany tn
| inhibition of the export of foOdstuff
and iaN materials if the lPgitimat,
trade in these articles between tn
| Union ard the two central powers i
not permitted
Enlist Starvation AS Ally
''If the Washington cabinet coul'
find il 'rIf prepared to act in this dircr
| tion II would not only follow the tradi
! tional WAYS upheld in the United State
| "a safeguard the freedom of the seas
| but it would also offer the great serv
ice Of defeating the criminal enheavo
| Of IN" "u"mcs Of AustTia-Hungary an
| Germany ~ enlist starvation as an ally
- n" imperial and royal govern
| m"nt IN tn" spirit of the excellent r.
IHti"u> whirh never ceased to exist be
| tween the Austro. hungarian monarch
and the I'",t"d States of America, an
IN the nam" Of sincere friendship, pei
mits itself to make an appeal to tn
government Of the Union to submit t
careful examination the point of vir'
hrr"lmi rturr taken in this most in
| pOrtamt question and consider the stat.
mrnts given herewith.
The rev ision Of the present att
| tudr Of the government Of the lr'o
to ag"c" with the views proff"rrd J.
tn" lrrrrrinl and royal governm' II
wouId ut ouly be (arrording TO Nh
conviction Of the imperial and ro,a
government within the scop" Of III
rights md duties of a neutral govern
| mrmt lut also in tn" direction Of tho>
rrin, lI.Ir, prompted by huwan.tv a.
! the love Of peace which tn" Tint"
STATES h"s ever written upon her al
NOR -