The Farmington times., 1916-01-21
URGES REVOLUTION
IN NEUTRAL RIGHTS
Lansing Declares Code Should Favor
Countries at ePace Instead of
at War

Washington, D. c., Jan. 16.-Sec-
retary of State Lansing, acting as
member of the recently organized
American Institute of International
Law, which is composed of five emil
nent publicists from each of the 21
American Republics, has suggested to
that body a study of the question Of
neutral rights and neutral duties.
This suggestion was conveyed by Mr..
Lansing in a memorandum, the text
of which has been made public by DR..
James Brown Scott, president of the
Institute and a member of the Unit
ed States Board of Neutrality.
Present Code Defective
The text of Secretary Lansing's
memorandum follows:
"At the first meeting of the insti-
tute / had the honor to direct atten-
tion to the imperfect code of rules
which define and govern the relations
between belligenents and neutrals.
These rules which have grown up dur
ing the past 125 years and have been
in some cases differently interpreted
by the courts of different countries,
have been frequently found made
quate to meet new conditions of war
fare, and as a result every war has
changed, modified or added to the
rules, generally through the process
of judicial decisions.
"The prize courts of belligerents
have thus become the interpreters of
belligerent rights and neutral obli-
cations, and their interpretations ev-
, idence an unconscious prejudice aris-
ing from overappreciation of the need
of the belligerents. Writers on in
ternational law have relied upon these
prize-court decisions in dealing with
the subject of neutrality so that they
have laid down rules formulated indi-
rectly from a belligerent's point of
view. In addition to these influences
affecting a code to goevrn the conduct
and treatment of neutrals, interna-
tional conferences and congresses
have generally confided the drafting
of rules relating to belligerenr and
neutral rights to military and naval
experts who naturally approach the
subject from the belEgerent's stand
point.
Neutral Rights Disregarded
i Thus judicial decisions, text writers
and international agreements have
given sall the advantage to the bellig-
erents and have shown little regard
for the rights of neutrals.
at would appear that it is time to re.
verse this process of treatment of the
subject of neutrality and to deal with
it from the point of view of the neu.
tral.
| l would, therefore, suggest that q
committee be appointed to study the
| problem of neutral rights and neu.
trail duties seeking to formulate ir
terms the principle underlying the re-
! lations of belligerency to neutrality
rather than the express rules govern
ing the conduct of a nation at wal
to nation at peace.
Thinks Work Timely Now
II would further suggest that the
subject might be advantageously di-
vided into two parts, namely, the
rights of neutrals of the high seas
and the duties of neutrals dependent
upon territorial jurisdiction.
an view of the past year and half
Of war the present time seems partic-
! ularly opportune to study this ques-
tion and this institute being compos-
ed of members from neutral nations,
4 is especially fitted to do this from the
proper point of view and with the
definite purpose of protecting the lib
erty of neutrals from unjustifable re-
strictions on the high seas and from
the imposition Of needless burdens
in preserving their neutrality on land"