The Bridgeport evening farmer., 1916-04-27

absence of conclusive evidence, act on the presum ption that an armed | nerchantnnan is of peaceful charac- ter.
 Armament Not Enough. "3. A presumption based solely on the presence of an armament on a merchant vessel of an enemy is not a sufficient reason for a belIigerent to declare it to be a Warship and pro- ceed to attack it without regard to the rights of persons on board. Con elusive evidence of a purpose to use the armament for aggression is essen tial Consequently an armament which a neutral government, seeking to perform it's neutral duties, may presume to be intended for aggression might in fact an the high seas be used solely for protection. A neutral gov sernment has no opportunity to de- termfne the purpose of an armament on a merchant vessel unless there is evidence in the ships papers or other proofs as to it's, previous use, so that the government is justified in substi- tuting an arbitrary rule of presump- ton in arriving at the status of the merchant vessel. On the other hand a be11igerent SwarsIaip can, on the high seas. test by actual experience the purpose Of an armament of an enemy merchant vessel, and so determine by
 
 seL
 Rule of Presumption Summary:
 stThe status of an armed merchant vessel as a warship in neutral waters lsmay be determined in the absence of documentary proof or conclusive evidence of previous aggressive con the circumstances of the case.
 saFha Sfaf11H of s11ef7 vessel a warship on the high seas must be de- termineds only upon conclusive evil dence of aggressive purposes in the absence of which it is to be presum- ed that the vessel has private and peacefully character and it should be so treated by an enemy warshfp.
 Tn brief. neutral government may proceed upon the presumption that an armed merchant vessel Of bel ligerent nationality is armed for az gression, while belIigerent should proceed on the presumption that the vessel is armed for protection. Both of these presumptions may be over come by evidence--the first by secon- dary or collateral evidence, since the fact to, be established is negative in character; the second by primary and direct evidence, since the fact to be established is positive in character
 '"The character of the evidence up- on which the status of an armed raer-, chant vessel of beIligerent national ity is to be determined when visiting neutral waters and when trayersIng the high seas having been stated. it is important to consider the rights and duties of neutra1s and be11igerents as affected. by the status of armed mer- chant vessels in neutral ports and on the high seas.
 and neutra1s as affected by the sta tus of armed merchant vessels in neu- tra1 ports:
 ..1 It appears to be the estab1Ish- ed rule of international law that war ships of be1ligerent may enter neu- tra1 ports and accept limited hospi-, taIity there upon condition that they leave. as a, rule, within twenty-four hours after their arrival
 's2. Be1ligerent warships are also entitled to take on fuel once in three months in ports of a neutral coun- try.
 e3. As a mode of enforcing these rules a neutral has the right to cause belhgerent warships falling to comply with them, together with their offic- CTS and crews, to be interned during the remainder of the war.
 .s4 Merchantmen of beIligerent na- stiona1ity, armed only for purposes of protection against the enemy, arc en- titled to enter and leave neutral ports without hindrance in the course of legitimate trade.
 ss5 Armed merchantmen of beIIi- gerent nationality under a commission or orders of their government to use, under penalty their armament for aggressive purposes, or merchant men which, without such commission or orders, have used their arma-A ments for aggressive purposes are not entitled to the same hospitality in neutral ports as peaceable armed merchantmen.
 sSecond-The relations of beIli- gerents and /neutrals as affected by the status of armed merchant vessels on the high seas =
 .f1. Innocent neutral property on the high seas cannot legally be con- ffscated, but is subject to inspection by a belligerent- Resistance to in- spectipn removes Atizzs immunity and subjects the property to condemna- ton by prize court, which is charg- ed with the preservation of the legal rights of the owners of neutral prop- erty.
 Neutral property engaged in con- traband trade, breach of blockade, or unneutral service obtains the char acter of enemy property and is sub- jectt to seizure by a ,bel1igerent and condemnation by a prize court. /
 .s3 When hostile and innocent prop erty is mixed, as in the case of a neu- tral ship carrying a cargo which is fact can only be determined by in spection."
 ContraI1and Also Defined
 Innocent property, continues the memorandum, if 50 per cent. contrar band. either in bulk or value, finn presses it with enemy character and subjects 1t to seizure and prize court condemnation.
 'sEnemy property. including ships and cargo, is always subject to seizure and condemnation. There is no re- dress in the prize court. The only means of avoiding loss is by flight or resistance. Enemy ships, therefore, have the right to arm for purpose of