The Washington times., 1915-02-07
THE LUSITANIA'S FLAG

If the Germans succeeded in in
venting something new in "war
zone" that includes a vast area Cf
the high seas. the captain Of the
Lusitania has done quite as well in
forcing the naval authorities to ad-
nit that there is nothing contrary
to international law in the vessel Of
a belligerent flying neutral flag in
order to escape capture. The Lusi-
tania, on her way from New York
to Liverpool, received wireless warn
ing against German submarines in
the Irish Sea. From Queenstown
around Ireland and through the Irish
Sea she therefore flew the Stars and
Stripes, and according to accounts
went at the highest speed.
This performance suggests to the
innocent lay mind a grave impro-
priety; yet the authorities seem
agreed that nothing wrong has been
done. The British merchant ship
ping act specifically gives to the
ships of other countries, when those
ships are at war, the right to use
the flag of Britain when Britain is
a neutral in order to escape capture.
The regulation on this point says:
II a person uses the British flag and
assumes the British national character
on board a ship, owned in whole or in
part bv persons unqualified to own
British ship, for the purpose of making
the ship appear to be British, the ship
shall be subject to forfeiture under this
act. unless the assumption has been
| made for the purpose of escaping cap
ture by the enemy, or by foreign
ship Of war in the exercise OF belliger-
ent rights.
That is to say, England would per-
nit an American ship, if America
were at war, to use the British flag
in order to escape from an enemy of
America; therefore England assumes
that the right to use the American
flag is enjoyed by British vessel
in like circumstances. 1t seems at
first curious that Great Britain, the
greatest naval power, should permit
such a right to minor naval powers.
But it is to be remembered that
Great Britain is also the greatest
shipping power, and the enjoyment
of such right by her ships is like
ly to be o. more advantage to them
than to any other power. Great Brit
ain relies on her naval power to take
care of the naval power of any en-
emy, despite all stratagems; she
wants all possible stratagems to be
available to her merchant shipping
because of it's transcendent import
ance to her.
Such a rule, if accepted by the
maritime world, gives the maximum
Of advantage to Britain because she
sails almost half the shipping of all
the world. 1t does not give even
proportional advantage to any other
nation, because the chance of fool
ing the British navy with a neutral
flag is small; British naval ships are
too numerous, blockades by them are
too we'll supported. Of course, the
use of neutral flag by belliger-
ent's ship does not protect that ship
from capture bv the enemy, if the
enemy knows it is only a ruse. The
Lusitania would have been just as
legitimate prize for German cruis.
er. despite that she flew the Ameri,
can colors. But the German cruiser
would have wanted to be absolutely
sure that the flag was only ruse
it would not have done to take ths
chance of sending an American shir
to the bottom of the Irish Sea.
. In this matter of using neutra
flags, it has not been forgotten tina
: the Germans themselves gave th'
. first shock during this war to tn
minds of the nautically unsophisti
, Gated. The cruiser Emden, whil'
she was still pursuing her daring
, career of commerce destruction en-
, tered an Indian ocean port, fyini
the flag Of Japan, and with a dunn
my funnel in place to mislead FIR
, ther as to her real character. Thu
caparisoned. she boldly maneuvere
t herself into a position whence sh
: was able to sink two or three vessel
e and escape. 1t is now explained tina
+ while she used the Japanese flag i
n order to gain an advantageous posi-
:. ton in the raid, she hauled it dow
S and hoisted the German ensign be
S fore the first shot was fired.
i This, likewise, it appears, is re
n quired by international war usages
S though it does not seem very salts
5, factory rule. The vessel that come
J. alongside under a flag that lull
suspicion, might as well begin firin
n without bothering. to change fiag'