Evening star., 1915-02-08


velopment it might take.
''Under consideration was the response
of Secretary Bryan to questions regard
ing the purpose of the State Department
in the matter of the use of the American
flag by the Lusitania and the German
declaration of a war zone around the
British Isles.
Officials Are Reticent.
Evidently these matters are regarded
as too delicate at this juncture to admit
of free discussion in the press. for the
officials are reticent regarding the receipt
of any cables from the ambassadors at
London or Berlin dealing with these sub
jects, and are even indisposed to confirm
the accuracy of the press accounts In
relation to the various orders and de-
crees which, it is alleged. are pelng re-
eeived in this country.
There are some indications that the
State Department is contemplating the
treatment of these important matters
lar to that contained in Secretary Bry-
ans recent letter to Senator stone,
chairman of the committee on foreign
relations, defending the administra-
tion's attitude against the various
charges Of unneutral conduct that had
appeared in the press.
Senator Stone was a White House
caller today. He said that in his opin-
ion the flying Of the american nag oy
the flag" Senator Stone added that 1t
would be possible for Congress to adopt
resolution protesting against the in
cident, but that he thought 1t q mat
ter to be handled entirely by the ex-
ecutive branch Of the government
Naval Officers Cite Rule.
Naval officers recalled that the navy
regulations permit warship to fly an
other flag than its own. but specifi-
cally provide 1t must be- hauled down
and the ships own flag must be hoist
ed before a shot Is Aired. There are
many incidents in naval history where
that has been done, the latest being
the German sea rover Emden, which
hoisted the Japanese nag just before
making a daring raid at Penang. Ex-
Derts in naval procedure recalled no
case. however. where d merchantmen
was involved
It was recalled in naval circles here
manding the cruiser Charleston. on his
way to the Philippines with a convoy
of troops. stopped and captured Guam
he ordered the Japanese flag to be
Of his fiotilla- He signaled this mes
sage to the steamers Australia. Peking
and Sydney. merchant ships under
charter to the government and in use
as troopships:
Passing signal station at Guam.
Charleston will hoist japanese colors
others vessels same, or none.''
The deception was aided by the fact
that the Charleston was similar in ap-
pearance to the japanese cruiser Naniwa.
and the manual in use at the Naval War
College justify the use of other flags on
warships.
Quotation From Manual.
The Navy War College manual says:
1.-THE regulations of the United States
Navy state that the use of a foreign flag
to deceive the enemy is permissible, but
that 1t must be hauled down before a gun
is fired, and under no circumstances is an
action to be commenced or a battle fought
without the display of the national en-
sign"
The records of international law
however. contain few Instances in
which the use of a foreign flag on a
One instance. though not in time of
war. came up during the term of Secre-
tary Sherman in the State Department.
in which the London oBard of Trade in
tervened to stop improper display of a
United States flag.
These are Secretary Sherman's words.
"A line of steamers plying between
England and the United States under
the British flag has for some years
past used the United States union Jack
as Its house flag. Upon inquiry being
made by the ambassador at London. the
British board Of trade intervened in
virtue of its authority in matters OF
shipping and navigation, and I am just
informed that the line in question has
been constrained to adopt another dis
tiuctlVe house flag"
Brazilian Incident.
In May, 1908, the American minister
to Brazil brought to the notice of the
Brazilian government the fact that a
brazilian line of sailing vessels was
using a house flag resembling one OF
the ferns of the national ensign of the
United States. The complaint was re-.
ferred to the navy department of Bra
zil, and the American minister was
subsequently informed that the Bra
lillian firm owning the vessels in uues-
ton had ordered another flag to be
substituted for that which had been
in use,
In 1900. however. a naval regulation
WAS issued at the instance of Rear Adj
miral Stockton. head of a board reyis.
ing the code. absolutely prohibiting tn.
use of either neutral or enemy flag
for purposes Of deception. But very
soon d1teT tHe or the order
and before it had found general circu.
latlon. the attention of President
Roosevelt was drawn to it by some na
val officers of high rank. who pointed
out that it had been the practice for
time immemorial. and was perfectly
legitimate warfare. to make use OF =
neutral flag to APPROACH either an enemy
ship or his batteries or to run down =
prize with the single condition thai
before hostile shot was fired the neu-
trail flag must come down and the trns
standard be hotsted. President Roose
welt was moved by those arguments In
promptly rescind the new regulati tions.
which gave place to the one now ex.
tant.
Successful Use of Neutral Flag.
A celebrated case of the successful
use of neutral flag during time OF
,..ar IS q Classic In naval lisfoex II