Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-11
AMERICAN REPLY
TOPROTEST FROM
ENTENTE POWERS
No Reason Shown Why
Belligerent Submarines
Should Be Denied Use of
Neutral Ports.

. memorandum on use Of neutral waters
by belligerent submarines, the text of
which was made public by the state
department last night, declares the al
lies have failed to show why such YES
sells should be denied entrance to neu-
trail ports and that no circumstances
have been set fort. rendering the usual
provisions of international law inappli-
cable to underwater craft. The United
States reserves complete liberty of ac-
ton in dealing with belligerent subma-
rines.
No specific mention of the Deutsch-
land Is made in the memorandum al
though the allied communication is I'M
derstoo to have been prompted by the
failure of the United Sta es to consider
that vessel as having any characters
tics making her status different from
that of the ordinary merchantmen.
Surprise is expressed that there ap-
pears to be an endeavor en- the part of
the allied powers to determine the rule
of action" in respect to the use of sub
marines and at the suggestion that
there is great danger in permitting neu-
trail submarines to visit waters that
may be visited by belligerent subma-
rines. The government declares that
responsibility for any conflict that
may arise between belligerent warships
and neutral submarines on account Of
the neglect of a belligerent to so dis
tinguish between these classes of sub
marines must rest entirely upon the
negligent powers"
The memorandum, originally sent 20
France, Great Britain, Russia and ia
pan on Aug. 81 in reply to their identl-
cal memorandum of Aug. %, later was
sent also to Italy and Portugal. While
the allied communication was pub
lished some time ago the American re-
ply was not given out till yesterday
when the recent U-boat activities
seemed to make a public statement Of
the governments position imperative
TEXT OF MEMORANDUM.
The text of the American. memoran-
dun is as follows:
The government Of the United
States has received the identical mem
oranda of the governments os France,
Great Britain, Russia and Japan, in
which neutral governments are exhort-
ed to take efficacious measures tend
ing to prevent belligerent submarines
regardless of their use, to avail them
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 to do injury that
is inherent in their nature as well as
the additional facilities afforded by
having at their disposal places where
plies.
Apparently on these grounds the al
lied governments hold that submarine
vessels must be excluded from the BEN
eft of the rules heretofore accepted
under international law regarding the
admission and sojourn of war and mer-
chant vessels in neutral waters, road
steads or harbors; any submarine of
belligerent that once enters a neutr Al
harbor must be held there and, there
fore the allied governments warn the
neutral powers of the great danger to
neutral submarines attempting the
navigation of waters visited by subma-
rlnes of the helligerents.
"NOVEL SITUATION"
I'm reply the government of the Uni
ted States must express its surprise
that there appears to be an endeavor
of the allied powers to determine the
rule OF action governing what they re-
gard as a novel situation in respect
to the use of submarines in time of war
and to enforce acceptance of that rule,
at least in part, by warning neutral
powers of the great danger to their
submarines in waters that may be WIS.,
tied by belligerent submarines.
In the opinion OF the United States
the allied powers have not set forth any
circumstances, nor is the government
of the United States at present aware
of any circumstances concerning the
use of war or merchant submarines
which would render the existing rules
of international law inapplicable to
them.
I'm view of this fact and of the no
tice and warning of the allied powers
announced in their memoranda under
acknowledgment it is incumbent upon
the government of the United States
to notify the governments of France,
Great Britain, Russia and Japan that,
so far as the treatment Of either war
or merchant submarines in American
waters is concerned, the government Of
the United States reserves its liberty
of action in all respects and will treat
such vessels as. in its opinion, becomes
the action of a power which may be
said to have taken the first steps to-
ward establishing the principles Of
neutrality and which for over a CEN
tifry has maintained those principles in
the traditional spirit and with the high
sense of impartiality in which they
were conceived.
"In order, however. that there
should be no Misunderstanding as to
the attitude of the United States, the
government of the United States an
nounces to the allied powers that it
holds 1t to be the duty of belligerent
powers to distinguish between subma-
rines of neutral and belligerent ma
tionality, and that responsibility for
any conflict that may arise between
belligerent warships and neutral sub
90