Evening journal., 1917-01-08
Working OUT new
CODE TO Protect
NEUTRALS' RIGHTS
CcontInued From First Pagel

ever again TO have "Lusitania" case
involving neutrals.
II will try to prevent such trespass
on neural rights as Great Britain mas
practiced in her mail seizures. deten-
ton OF neutral ships and the ike.
II Is the contention Of President Will
SON and Secretary Lansing that the
nresent "imperfect code Of rules de-
dninp relations between belligerents
and neutrals reflect "0ver-appreclalioh
of the needs of the belligerent."
They believe the process OF treatns
the subject of neutrality should be re-
yersed and dealt with from the point
OF view of the neutral
As a result. Secretary lansing some
months ago requested the American
/ Institute Of International Law 10 study
the nroblem OF neutral rights and du-
/ tics. "geeking to formulate in terms
the nrinciple of underlying relations
| ~ bellieerency to neutrality rather
than the express rules governing lne
conduct of a nation at war to natioh
at peace
Tod g. was learned, "a project
will he submitted January % at la
vana as a basis Of approaching as
rlINE1On Oh Why's anu hA'Ah'
out Lansings suggestions.
Details of the project are WIN WIN
held, pending the meeting OF the insu-
tute In Havana, which was called there
with the invitation Of the Cubah gov
ernment. Lansing recommended now
ever. that the subject be divided mo
two paris. namely, "the rights OF neu-
trails ON the highseas, and the duties
Of neutrals dependent upon terrroria'
jurisdiction
eThe institute. being composed OF
nentral nations. rs especially fitted "a
do tbis from the proper point Of view,
Lansing said in his communication
Dand with ihe definite purpose OF pro-
tectine The liberty OF neutrals from
uniust fable restrictions on the hlgn
seas and from the imposition OF neea
less burdens IN preserving their neu'
uality on land"
II Is pointed out today that th'
=. present work IS not done Tor the pur
,, pose OF enforcing any new code
e upon tho helligerents should the pres
I ent war continue. but to be put torti
l. when peace comes as a substitute To-
Q present rules which, according t'
b President Wilson, have made the 20
Z sitlon OF neutrals In this war well
nigh intolerable."
+ Secretary Lansing, when he sug
e gested a study of the isubiect by TN
institute. set forth in a memorandum
e the following opinions based upon ex
u periences suffered by this governmen
= In its diplomatic intercourse VII
II belligerents since 1914:
4, 'rhese rules Cgovering relation
y between belligerents and neutrais
n which have grown up during the pas
u 125 years. and have been IN som
4 cases differently interpreted by cour'
4 OF different countries. have been fr'
quently found inadequate to met
!, new conditions OF warfare. and as
result every war has changed, mod
a. aed or added to the rules. general
u through the process Of judicial dec
NJ sions.
as .aThe prize courts OF belligeren
tn have thus become the interpreters
CT belligerent rights and neutrals al
ne their interpretations evidence OF 1
TO conscious prejudice arising from owe
appreciation OF the needs OF the be
-" lAhNANh
ial .sWriters on International law hs
X relied upon these prize court decisie
G. in dealing with the subject Of neutrali
iis 80 that lhey have laid down rules Il
mulated indirectly from belligeren
to point Of view. In addition TO these
at huences affecting a code TO govern
conduct and treatment Of neutrals,
Mt ternationar conferences and coneres
err have generally confded the drafting
I'M rules relating to belligerents and n
tral rights to military and naval
perts who naturally approach the s
iect from the belligereut's standpoint
The american Institute OF Inter
tional Law includes five representati
from each Of the twenty -one Nol
I'M South and Central American countr
ltl Flihu Root Is honorary president of
~ institute. and James Brown Sc
president. The American members
eludc Root, Scott, Robert Bacon, Sc
tary lansing and Leo S. Rowe.