Evening star., 1915-02-05
MOORE FAVORS CHANGE
IN CONTRAbAND LIST
Former Counselor of State Depart
ment Advocates Elimination OF
Term Conditional.
SAYS Effect on Commerce Would Be
Appalling. Should Hostile
Fleets Contest the Seas.

John Bassett Moore, former counselor
of the State Department. and ho'eo au
thority on international law. says that
in the next conference OF the nations
conditional contraband" should De
abolished and !; single list OF contra
band agreed upon so that the risk OF
capture may be openly borne by 'hose
who may voluntarily assume IT,
In q signed statement. he dlrects at
tcntion to the fact that i'll The Hague
conference Great Britain proposed that
tho principle of contraband should oe
abandoned Il altogether and that twenty
six nations supported this proposition'
while but five. the United States
France, Germany, Russia and Monte
negro, voted against it.
1T is appalling to reflect. says MI.
Moore, what would be the presehl
state of our commerce if controi OF .ie
seas were contested by hostile heets-
Defines Unneutral Acts.
After defining unneutraI acts and dis
cussing the beIligerent right of visit,
the history OF "contraba band" and inter
national legislation covering the rules
of b!ockades. the right of visit. search
and detention, Mr.. Moore suggests
plan of solution, saying:
The interests of commerce cannot pe
properly conserved under such coiId'. .
tions. and it is highly desirable tha'
when nations come again to deal col
1ectiveIy. as they will be Obliged TO 40.
with this question of contrapand, coIi-
merciaI interests. which are now re-
ceiving instruction in the laws OF war az
an expense not wholly attributable TO
the legal profession, should take thelr
part in bringing about just solutioH
such a solution must, in my opinion,
,lNolf nf
principle of contra band, at any rate IN
the adoption of n plan embracing tl)
the abolition of conditional contra
band and 60 a single list having oeeh
agreed upon. in the cooperation OF neu-
trails and bclligerentS in the certinca1
tion OF the contents Of carGoes. so that
IHc risk of capture may be openly
borne by those who may voluntarily
assume it, and harassiag searches ana
,'ctcntionS no more be heard OIL
New Menace to Commerce.
! new menace to neutral commerce
that has developed during recent years
through floating mines at sea is COM
pared by Mr.. Moore to the discharge OF
i.roiectiles and explosives from air
ships. He says:
The second Hague conference sought
t. restrict this evil by a convention
relative 10 the laying of automatic con-
tact Mines by which it was forbidden
az to lay such a mine unanchored. un-
less it was so constructed as to become
harmless an hour after it ceased to pe
under control. CD to lay it unanchoreo,
unless il was to become harmless as
soon as ii broke loose from its moor
ings, or go to use torpedoes which dld
not become harmless when they had
missed their mark. 1t was expressly
forbidden to lay automatic contact
mines off the coasts and ports of the
enemy with the sole object of inter
cepting commercial shipping. This
convention was signed by thirtyseven
powers, six making reservations, ana
has been ratified by twenty-one, tour
making reservations
The convention also contained
stipulation to the effect that its pro-
visions should not apply except pc
tween contracting parties. and then
only if all the beiligeTents' were
parties to 1t.
May Prevent Binding Force.
This stipulation alone may deprive
the convention of binding force in the
present war in Europe; but we may
safely affirm that the employment OF
contact mines in the open sea is for
hidden by international law.
The seas outside territorial waters
ave the common highway OF nations,
and none of them has the right to
render the use of that highway lnse-
cure.
AS 4 Dlethod Of warfare this must
b.. regarded not ouly as an atrocity
which no nation is at liberty to per-
Ictratc. but also as I, direct violation
Of a clear international right which
governments are justified in asserting
on all occasions.
Burtons Resolution Adopted.
senator Burton's. resolution request
ing the State Department to furnish in