South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-10-11
Sub Question
Is Up to US.
Allies Told

( International News Service:
WASHINGTON. oct II. - The
text of the American memorandum
replying to that of the allied gov
ernments regarding treatment OF
| beTigerent submarines in neutral
ports is as follows:
The government of the United
States has received the identical
memoranda of the governments of
France. Great Britain, Russia and
Japan i'm which neutral governments
are exhorted Ito take efficacious
measures tending to prevent bellig-
erent submarines, regardless of their
use. to avail themselves of neutral
waters. roadsteads and harbOrs. -
These governments point out the
facility possessed by such craft TO
avoid supervision or surveillance or
determination of their national char
acter and their power Ito do injury
that is inherent in their very ma
ture," as well as the additional
facilities" afforded by having at
their disposal places where they
can rest and replenish their sup
plies
Want Submarines Held.
Apparently ON these grounds. the
allied governments hold that sub
marine vessels must be excluded
from the benefit of the rules here
fore accepted under international
law regarding the admission and So
iourn of war and merchant vessels
in neutral waters. roadsteads or har-
bOrs. any submarine of a belliger-
ent that oane enters a neutral har
Dor must be held there" and there
fore, the allied governments '''warn
neutral powers OF the great danger
TO neutral submarines attending the
navigation of waters visited by the
submarines Of belligerents."
I'm reply the government of the
United States must express its sur
rise that there appears TO be an
endeavor of the allied powers to de-
termine the rule of action govern
ing what they regard as a novel
situation" in respect 10 the use of
submarines in time Of war and TO
enforce acceptance of that rule. at
least i'm part, by warning neutral
powers of the great danger TO their |
submarines in waters that may b.
visited by belligerent submarines.
Existing Rules Sufficient.
In the opinion of the government |
of the United STATES the allied |
powers have not set forth any cir
cumstances. nor is the government |
of the United states at present |
aware of any circumstances con- |
corning the use of war or merchant |
submarines which would render the |
existing rules of International law |
inapplicable to them.
In view of this fact and of the I
notice and warning Of the allied /
powers announced in their memoir |
anda under ACKNOWLEDGMENT it is |
incumbent upon the government Of |
the United States to notify the
governments of France. Great Brit |
ain, Russia and Japan that. so far ,
as the treatment of either war or
merchant submarines in American |
aters is concerned. the govern
ment of the United States reserves
its liberty Of action i'm all respects
and viii treat such vessels as. in its
opinion. becomes the action Of a |
power which may be said to have
taken the first steps toward estab- |
fishing the principles of neutrality
and which for over a century has
maintained those principles i'm the
traditional spirit and with the
high sense of importantly i'm which
they were conceived.
Duty of L. =. Alone.
Tn order however. that there
should be no MISUNDERSTANDING as
TO the attitude of the United states
the government Of the United States |
announces to the allied powers that |
it holds il 10 be the duty OF bellig-
erent powers TO distinguish between
submarines II neutral and beIliger-
ent nationality and that responsible |
ity for any conflict that may arise |
between beIigerent warships and
neutral submarines on accoun, o.
the neglect of "a belligerent TO so
distinguish between these classes Of /
submarines must rest entirely upon
the negli gent power.