The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-09
DEMANDS j. S.
BAR ALIEN USE
OF OUR FLAG
Rep. Martin Urges House to
Act on Lusitania
Incident.
STATE DEPARTMENT
WATTS FOR REPORT

WASHINGTON, Feb. S.-Reprcsenta-
tive Martin Of South Dakota, Republic
can, made reference in tho House
debate to-day to the action of Capt
American flag as means OF escaping
German submarines. lie demanded
that. the United States should enter a
vigorous protest with Great Britain
and he advocated the enactment of a
law penallzing foreign ships that used
the American flag without authority.
Tho American flag will become an
object Of d'srespect throughout the
world IL bclligercnt countries may iy
our colors with lmpunity" said Mr..
Martin. CONGRESS AT this session
should pause long enough to pass Law
prohibiting the use Of our flag on any
vessels not OF the United states. The
law hould make II an offerce for the
master OF any foreign vessel. whether
of belligerent or peaceful nation. to
fly our nag and the penalty for n VIC.
laton Of tho statute should include
confiscation OF the ship upon It's return
to American Jurisdiction"
Referring to the Lusitanin incident
Mr.. Martin continued:
In my opinion such 4 use OF our nag
wHs a serious violation or the comfy
which prevails among civilized nations.
! think II VIII appear from the most
casual cons!derat on that the failure Of
this country TO protest AGAINST this un-
Tssa. a
this way IL tacit consent to their use
and must he so interpreted by the bel
iigerent Powers
we should vigorously protest II our
flag is not to become an object OF dis
respect"
No Action ON Use Of Flag.
No action was taken AZ the state
department to-day with reference to
tho course Of the captain of the Lust
tania In flying the American flag to
escape destruction by German sub
marines. and IL was indicated that none
will he taken for the moment.
me state Department mas not yet re-
ceived any report on the Incident from
Ambassador Page. though il was learned
unofiicially to-day that such a report
is on the way. II is certain that moth
Ambassador
report has been received
Neither was any action taken with
regard to the German Admiralty's wa
zone decree II now appears that
further consideration Of this issue will
be deferred until tho Department has
received officially tho text of the memo
randum on the subject issued Saturday
by the Berlin Foreign Office. and which
Ambassador Gerard is forwarding
Both issues were much discussed at
the state Department to-day. however.
Mnister Rappard OF the Netherlands
and Minister Brun OF Denmark called
to learn the views Of the United States
They were informed that this Govern
ment has not taken any position on
either matter and that there was
nothing for It to communicate 10 other
neutral Governments at this time
Representative Flood of the House
Committee ON Foreign Affairs called on
Secretary Bryan in the afternoon and
they discussed tho issue.
Mr. Bryan had hut one answer TO all
Inquiries on these subjects: Under
consideration" He pronounced az "un-
necessary" many OF tho questions ad-
dressed TO him.
No Legislation Here.
Inquiry further tended 10 show that
not only has the United States failed
to enact any legislation or take any
position AUTOMATICALLY covering the
exact case Of the Lusitania but that
the practice has been generally counte-
nanced az q ruse de guerre and more
or less to be expected IN war. American
Warshtps and merchant ships have fire.
quontly adopted an alien flag for pur-
poses Of deception IN time of war and
have been deceived by enemy vessels
using the same device, The Confederates
used this ruse In the civil war and
the Confederate steamship Oneida
slipped past tho Federal warships at
Mobile under tho British flag
The rule Of the United States navy
and other navies with regard TO the use
of an alien hag to conceal Identity is
that the vessels true colors must be
holated before II opens fire on an enemy
vessel This rule has been always Oh
served.
There are precedents for protest by
the United States Government against
vessels flying the America. flag CON
tinually through all their voyages in
and out Of port without authority to do
40 and against foreign vessels flying
ensgns or house flags closely resembling
or Identical with the American flag, but
no precedent has been found for any
action by this Government in the case
of the Lusitania, where tho flag was
displayed only temporarily and for the
sole purpose of avoiding capture while
In particularly dangerous zone.