The Birmingham age-herald., 1915-04-12
Sends Note of Protest Against Alleged Acquies- ence of Washington to
 Order In Council
SAYS THIS COUNTRY HAS ACCEPTED ALLIES VIOLATIONS OF LAW
The German 4 x~ 4ssador Makes Public emoran- dunn Urging .st Muni- tion Expor Spo Allies
 Be Sssped

oC
 Washington, II.--count von Bernstorff, the rman ambassador, made public tonight the text of tho note he recently presented to the state department declaring thnt "If the American people desire to observe true neutrality they will find means to stop the exclusive exportation of arms to one side. or at least to use this export trade as a means to uphold the Legitimate trade with Germany. espe- eiaIIy the trade In foodstuffs." The memorandum was prepared at the German embassy and while it does not call for a reply the state depart will be delivered probably within the next few days.
 The ambassador informs the United States that contrary to the real spirit of neutrality an enormous new indus i try of war material of every kind is being built up in this country and that this is supplying only Germanys enc mics, fact which is in no way modi- I lied by the purely theoretical willing ness to furnish Germany as well if IL ere possible
 Text of Note
 The text Of the memorandum fol- lows
 The different British orders in. council have altered the universally recognized rules of international law in such a one e-sided manner that they arbitrarily suppress the trade of neu- tral countries with Garmanss Already prior to the last order in council the shipment of conditional central ans. especially foodstuffs. to Germany was practically impossible. In fact, prior to the protest which the American gov ernment made in London on December 2S, 1914. not a single shipment of such goods for Germany has been effected from the United States. Also for the lodging of the protest and as far as Is known to the German embassy only one such shipment has been attempted by an American skipper. Ship and 1 cargo were immediately seized by the British and are still detained at d British port. As a pretext for this un- warranted faction the British govern ment referred to a decree of the Ger. man federal council concerning tl,e wheat trade, although this decree only covered wheat and flour and no other. foodstuffs, although imported food stuffs were especially exempt from this 1 decree and although the German gov ernment had given all necessary guar antees to the United States goyeril- ment and had even proposed spe- eial organization in order to secure these foodstuffs for the exclusive cor- sumption of the civilian population l Violation Shown The seizure of an American shin under these circumstances was a vio- lation of international law. Neverthe- less the United States government has not yet obtained the release of the ship, nor has it after eight months of war succeeded in safeguarding the le- l gitfmate American trade with Ger many. such delay, especially when the supply of foodstuffs is concerned, seems equivalent to complete failure. II IS therefore to be assumed tha. the 1 United States government has accent ed England's violations of information al law
 Furthermore has to be considered the attitude of the government of the United States concerning the question of the exportation of war material The imperial embassy hopes to agree 1 with the government of the United l States in assuming that with regard to the question of neutrality there is not only the formal side to be consid- cred but also the spirit in which neu- trality is enforced.
 "Conditions in the present war arc diff 1 ferent from those in any former wars l For this reason 1t Is not justified to point at the fact that perhaps in former wars Germany furnished beIligerents with war material. Because in those former cases the question was not whether any war material was to be furnished to the l belligerents, but merely which one of the competing countries would furnish it. In the present war. with the exception of the United States all countries capa- ble of noteworthy production of war material are either at war themselves or completing their armaments and lave accordingly prohibited the exportation of war material. Therefore, the United States of America is the only country ina posi- tion to export war material. This fact ought to give new meaning to tie idea of neutrality, independent of tine formal law.
 Instead of that and in contradistinc- tion with the real spirit of neutrality m enormous new industry of war materials of every kind is being built up In the United States. inasmuch as no- nly the existing plants are kept Lusv and en- larged. but also new ones are continually founded.
 "The international agreements for the protection of the right of neutra:s origi- nate in the necessity of protecting the existing industries, of the neutral ccun- ltries. They were never intended to en- lcourage the creation of entirely new in- dustries in neutral states. as for instance the new war industry in the United States which supplies only one party of the beligerents.
 Supplying Enemies
 I 'In reality. the American industry IS supplying only Germanys enemies. T fact which is in no way modified by the lpurely theoretical willingness to furnish
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