Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-05-06

Note Before Cabinet.
The unofficial copy WAS laid before ths
cabinet One chief point for consideration
seemed TO be Germans reference 10 the
immunity OF merchant vessels recog-
nized by international law" This WAS
regarded ae having possibilities Of relat-
ing 10 the dispute over questions Of arna-
ment end alleged instructions n the Brit
ish admiralty To merchant captains TO At
tack submarines.
Tho fret impression in official circles
was that the fun text did not much re-
lieve the unfavorahle impression created
by the opening portions. although II WAS
admitted that tho new instructions 70
submarine commanders would have 10
be weighed and considered very care-
fully before their aeceptability 70 this
government could DO determined.
Position OF United states.
Tho recent declaration Of tho State
department on the statue Of armed NOR
chant ships touches upon this point II
held; ISIS.
1T IL necessary for belllFerent war
ship 10 determine tho status Of nm armed
merchant vessel Of an enemy encountered
on the high seas. since tho rights Of life
and property Of beiligerents and neutrala
on board the vessel may be impaired II
its status IL that of an enemy warshlp.
The determination Of wAr-like char
Aeter must rest IN no case upon pre-
sumption. but upon conclusive evidence,
because the responsibility for tho de-
struotion Of life and property depends on
the actual facts Of the case and cannot
bs avoided or iessensd by = standard or
evidence which belligerent may an
Douncs as creating a presumption Of hos
tile character On the other hand TO
safeguard himself from possible liability
for unwaTranted destruction Of life and
property, tho bolligsrant should IN tho
absence OF conclusive evidence act on
the presumption that an armed merchant
man IL Of psAceablo character.
A presumption based solely on the
presence OF an armament on a merchant
vessel Of an enemy 70 not sufficient
reason for bslligoront TO declare II TO
be n warship and proceed to attack IL
without regard TO the rights Of the per
sons on board. Conclusive evidence Of a
purpose 10 use the armament for ag-
erosion is essential Consequently an
armament. which neutral government.
seeking 10 perform ita neutral duties,
may presume 10 be intended for aggreI.
sion, might. in fact on the high seas
be used solely for protection.
neutral government has no oppor-
tunity TO determine the purpose Of arma-
4aaaaf Tiara
IA evidence in the ships papers or other
proof az 10 Its previous use, 80 that the
government IA justified IN substituting
an arbitrary rule Of presumption In ar
irving at the status Of the merchant
vessel on the other hand, belllgerent
warahlp can on the high seas test by
actual experience the purpose Of an
armament on an enemy merchant vessel
and so determine by direct evidence the
status Of the vessel"
summary Of Declaration.
Summarizing tho status Of a merchant
ship on the high seas. the declaration
held.
1.-THE status Of vessel as warahlp
on the high seas must be determined only
upon conclusive evidence Of aggressive
purpose, In the absence Of which Il Il
10 DO presumed that the vessel has a
private and pcacable character and u
should be 80 treated BY an enemy war
ship"
The declaration. however, recognized
that armed merchant ships might be act
Ing under instructions TO attack enemy
warships and made this provision:
"a vessel engaged internationally n
commerhce and under commission o.
orders OF its government imposing .
penalty in pursuing and attacking enemy
naval craft Possesses status tainted
with q hostile purpose. which II cannot
throw aside or assume at will. II should
therefore ha considered as an armed
public weasel and receive the treatment
Of warahlp by an enemy and by neu
trails. Any person taking passage OF
such a vessel cannot expect immunity
other than that accorded persons who
are on haard a w9rahip."
THIS declaration was issued as a state
rnent Of this governments attitude "
"a tA a a