Omaha daily bee., 1916-03-13
COUNTRY is RIGHT
IN VIEW OF LAW
Prof. Maxey Of University Of Ne
braska Says Administration
Takes Sane View.
DRYDEN DEPLoREs PERJURY

Dwelling on the recent edict of the
Teutonic nations in regard to the
right of merchant vessels to carry
arms, Prof. Edwin Maxey Of Lincoln,
head Of the international law depart
ment at the University OF Nebraska,
yesterday evening in an address be
fore the Omaha Bar association on
the occasion of its quarterly meeting
and dinner asserted that II the bel
ligerents have the privilege Of telling
us to get off the seas, the assumption
would be that they have the right to
tell us to get off the earth, which, he
added, he for one was not ready
to do.
There is no question" continued Prof.
Maxey, ''of the right OF one belligerent
warship to sink without warning the war
ship of another belligerent nation: but II
cannot he assumed that these belligerent
warships have the right TO proceed along
the same lines in regard to merchant yes
sells, with noncombatant crews unframed
and not expected to be ready for actual
warfare. whether there are passengers
aboard or not"
Questions of the War.
Prof. Maxey's subject was Some Legal
Questions Raised by the Present War"
He declared that the time has passed
when a country can disregard interna-
tional law by playing the part OF hermit.
oontending that when we once do away
with the relations existing between ma
tions we will then become ruled by the
mob.
Prof Maxey expressed himself as be-
lieving that in the conduct of this coun-
try since the world war began, and par
ticularly IN the crises between this and
other nations. United States officials have
in the main been in line with the beat
of what is TO be conceived as interna-
! tional law.
Although he chose for his subject tho
general one Of Legal Questions Raised
by the Present War" he explained that
his address could probably more appro-
priately be interpreted as The Rights
and Duties OF Neutral"
Way to Reach Agreement.
Raising the question whether the marine
law is out OF joint with the necessities
of modern warfare, the professor con-
tended that It should be adjudged by con-
ferences Of neutrals and belligerents.
Insofar as concerns citizens of the
| United States, the belligerents OF all ma
tions should conform to all laws" he
asserted.
In speaking of the Lusitania case. Prof.
Maxey averred that it could have been
settled at the time by arbitration under
certain conditions, but 1t was out of the
question because the United States
wanted assurance that Germany would
cease such style of submarine warfare In
the future. which assurance Germany was
unwilling to give. He observed that II is
impossible to arbitrate with a man who
is attacking you with q sharp instru-
ment.
Outlook IL Dark.
| Prof. Maxey said that IL assurances on
certain questions relating to international
| law are not soon forthcoming. 1t is diff
cult to foresee how friendly relations with
the nations in question can be continued.
He said that the sale of munitions to
belligerents is in good order as long ms
| the neutral Individual or privately owned
companies), do not discriminate. But,
he remarked. the neutral must sell te
anyone wanting munitions
He assorted that a war between differ
ent countries has no more claim to cut
off communication with a neutral thar
for the neutral to seal itself up hermetlc
ally. The neutral should not give up tc
the whim OF nations that cannot settle
their differences peacably. he added.
THE United States" Prof. Maxey as.
serted. has adopted the policy of going
practically unarmed and making plans
/
should stand for Rule.
Speaking further Of the munitions ques
ton. he said that in his opinion the
United States should be tho last to agree
to any change in the present rule about
belligerents buying such munitions of war
no matter IL they were shells. foodstuffi
or what not.
In the matter of neutrals making loanI
TO belligerents. he pointed out that wheI
the neutral governments make the loaI
themselves It is unlawful. but in the cas-
OF private individuals and citizens It 81
not. He said that the rights in sucl
cases were the same as In selling muni
| tions.
Remarking about the Appam case. Prot
Maxey pointed out that II the captur,
was made by individuals or a privatel!
owned raider. It was not legal. whereas
just the opposite was the case II II wal
by a belligerent war vessel.
The merchant vessel. according t
Prof. Mexey. has the right in commor
with individuals TO arm in self-defense.
this right is taken away. he said, ther
the use OF the sea for commerce becomes
very dangerous.
In Prof. Maxeys opinion. the Unitet
States as long as the war lasts, will prob
ably insist on the belligerents oonforrninI
to established rules, as the best manne
Of promoting universal justice.
Laity and the Lawyer.
John y. Dryden OF Kearney, president
Of the Nebraska State Bar associati ton
was the first speaker. He addressed the
members Of the Omaha bar on the sub.
ject, The Lawyer as Vie wed by thC
| Laity."
The lawyer is largely TO blame for the
prevalence OF the crime OF perjury" Mr.
Dryden declared. The consensus OF
lopinion, OF those most competent to Judge