TaÌˆgliche Omaha tribuÌˆne. [volume] (Omaha, Nebr.) 1912-1926, 1916-01-08

N SINEtI -
the transfer OF an enemy vessel 10
a neutral flag after the outbreak Of
hostilities."
International law fully acknowledges
the validity of such transfer made
in good faith. But there was no
such question in the case of the
transfer OF the Hooking. The Hook
ing had never been en- enemy yes
sci. She was purchased by an Amer
lean company from a D~ane-pur-
chased by n neutral from another
neutral.
No belligerent has a right on any
ground to object to the transfer to
American registry of any neutral
ship. 1t was, however; alleged the
American Transatlantic Steamship
Company was backed by money fur
nished by gentlemen whose national
ity is offensive to Britons.
Let it be noted that, even if this
were the case, it would afford no
ground whatsoever upon which the
Hooking might be made a British
captive. 1t is not a crime for Ger
mans to invest their money in an
American enterprise, There is no
Federal statute, there is probably no
enactment in any State in the Union,
which forbids the investment of for
eign capital of any national deEom-
nation in American enterprises.
There is no International law that
forbids citizens of one nation from
Investing in business in another ma
ton. There is nothing harmful to
the interests of the United States in
having foreign money invested here;
the investment of foreign capital in
our enterprises is, IN the contrary,
beneficial.
There is, Of course, nothing in the
law that prohibits foreign ownership
of stock in corporations owning and
operating vessels under the Amer
lean flag. 1t would be a very poor
lew if there were. Tibet, Hayti or
Siam might deem it good policy to
| foibid the investment of foreign
money in native enterprises; but en-
l%ightened policy invites foreign
capital, assures it protection-and
then fulfills the assurance,
The American Transatlantic Com
pany is an American corporation, the
Members of which declare there is
no German capital invested in it.
Even if there were, the fact would
give Great Britain no right to touch
the ship; it is to the advantage of
the United States to have German
capital as well as British, French or
any other kind OF capital invested
in American business enterprises.
There would be as much Justice
in Germany con6scating the Penn
sylyania Railroad because a large
amount of capital invested IN that
carrying concern is English, al there
is in Great Britain's seizing the
Hooking or the Genesee on the
ground that German capital is in
vested in them,
1t is a Just complaint that the
Mexican Government does not pro-
feet American capital invested in
Mexico; is the United States pre-.
pared to sink to the Mexican level
by refusing to protect foreign capital
invested in legitimate business car
lried on under the American flag?
The registration statute under
which the Hooking took its place as
an American vessel was the Act of
August IS, 1914. Under this act the
American Transatlantic Steamship
Company furnished the United
States Government with a certificate
Of its organization, and the names
Of its president and managing direct
ors, all OF whom were citizens of the
United States.
BY the capture of the Hooking the
British Government served notice
upon the Government of the United
States that upon its mere assump-
ton, or its mere allega ion, money
belonging &c persons of a nationality
disagreeable to E%nglishmen was in
vested in a ship, that ship might be
made a prize by a British cruiser
Wherever caught. hailed into a Brit
i.h port and throw. into a British
prize court.
That was the situation up to a day
or two ago. 1t was desperate enough,
in all reason. But it has now be-
come Infinitely worse, for the Hook
ing, after having had nailed upon her
mainmast in Halifax harbor an Adj
miralty notice giving her eight days
in which to show cause why she
should not be condemned as a good
and lawful prize" has been denied
even that mercy.
There is to DE no prize court;
there is to be no hearing; the Hook
ing is declared confiscated-prc-
sunahly under His British Majesty's
Order in Council of October 20,
1915.
What is that Order in Council of
October 20? Article 81 of the De-
claration Of London provided that
the character Of a vessel, namely,
as to whether it Is an enemy vessel
or a neutral vessel, is determined by
the flag which she is entitled TO fly.
The Declaration Of London, drawn
up under the inspiration of the Brit
ish Government, and signed by it
February 20, 1909, was, at the be-
ginning of the present war, namely,
by an Order in Council of August
20, 1914, readopted and put in force
by His Majesty's Government. How
ever on October 20, 1915, at the
Court of Buckingham Palace, pres
ent, the Kings Mos Excellent
Majesty lin Council, it was declared
that it was no longer expedient to
abide by the said Article 81.