Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1916-05-10
would be reached before next week."
No Immediate Action.

WOUlu Oe IcdCLlcu OeLOIG IiCXI WS0h.
No Immediate Action.
The unofficial copy was sent TO Pres
ident Wilson as rapidly Az 1t WIS re-
ceived. He had no engagements today
outside of the cabinet meeting. which
was expected to be devoted almost ex.
clusively to the German situation.
The official text is expected to be
the sinking of the Lusitan!a. 1t was
generally expected hat whatever ac-
ton is taken by the American govern.
ment probably will come on that day.
hi president a already informed
congress Of his intention to break rela-
tions with Germany in case her reply
is unsatisfactory. and. therefore. 1t Is
believed he has decided not to go be-
fore congress again before taking ac-
ton.
Ono TaneIing Phase.
The unofficial copy was laid before
the cabinet. one chief point for COM
| sideration seemed to be Germany's
chant vessels recognized by interna-
tional law" This was regarded as hav-
ing possibilities OF relating to the dis
pute over questions Of armamen and
alleged instructions of the British ad-
miralty to merchant captains to at
4 tack submarines.
The first impression in official
circles was that the full text did not
much relieve the u~nfavorable impress
sion created by the opening portions.
although 1T was admitted that the new
instructions to submarine commanders
would have to be weighed and consid-
cred very carefully before their &C.
ceptability to this government :oMlt
! be determined.
How ". S. Stands.
The recent declaration of the state
department. on the status of armed
1 y, nrnh a. IL, 4 g i'm mr. ne, ,,NoN fhS -A~
1t held:
1T is necessary for a belligerent war
ship to determine the status of an
armed merchant vessel of an enemy
encountered on the high seas. since the
rights of life and property of belliger-
ents and neutrals on the vessel may be
impaired If it's status is that of an
enemy Warship.
The determination of warlike char
acter must rest in no case upon pre-,
sumption, but upon conclusive evi,
dence. because the responsibility fol-
the destruction Of life and property de.
ponds on the actual facts of the case
and cannot be avoided or lessened by
a standard Of evidence which a bel
ligerent may announce as creating a
presumption of hostile character. On
the other hand, to safeguard himself
from possible liability for unwarranted
destruction of life and property, the
belligerent should, in the absence Of
conclusive evidence, act on the pre-
sumption that an armed merchantmen
is of peaceable character.
"a presumption based solely on the
presence of an armament on a mer-
chant vessel of an enemy is not a suf-
ficient reason for a %belligerent to de-
clare it to be a warship and proceed to
attack it without regard to the rights
of the persons OF board. Conclusive
evidence of a purpose to use the arma-
ment for aggression is essential. Con-
s%equently an which q neu-
trail government seeking to perform its
neutral duties may presume to be in
tended for aggression. might. in fact,
on the high seas be used solely for pro-
lection. A neutral government has no
opportunity to determine the purpose
of. armament on a merchant vessel UNI
less there is evidence in the ships
papers or other proof as to its previous
use so that the government is Justified
in substituting an arbitrary rule Of
presumption in arriving at the status
Of the merchant vessel. On the other
hand a belligerent warship can on the
high seas test by actual experience
the purpose of an armament on an
enemy merchant vessel and so deter.
mine by direct evidence the status OF
the vessel" y e"