New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-07

eminent in the second Ancona note
which said;
THE Austro- Hungarian government
can positively concur in the principle
that enemy private vessels so lar as
they do not fee or offer resistance
shall not be destroyed before the per-
sons aboard are secured
Insists Pledges Are Kept
The tone of the Austrian note IS
friendly. but the note itself in no way
modifies the stand taken by the Central
Allies under German leadership, though
IL states that officers are ordered TO
give warning wherever possible The
preamble says that the note is GUIDED
by a desire ito show the American
government that now, as heretofore
Austria strictly adhereS to the as
surance already given, and endeavors
by clearing up that important ques"
ton. because it touches the laws OF
humanity, to avoid misunderstanding.
The note reviews at length the
familiar structures on the Allied block
AIDE, and declares that while the dec
larations of unrestricted warfare are
apparently directed only against the
rights of neutrals, in reality they serve
toward the restoration OF those rights.
IL is pointed out that austria, IN the
previous notes reserved the rlght 10
bring I'D for future discussion diffcult
international questions which arse IN
connection with submarine warfare.
The note reafirms the Austrian be-
lief in the principles set forth by the
American government that enemy
merchantmen must not be destroyed
without precautions being taken Tor
the safety of the persons aboard. IL
continues:
"To this principle the belligerent
can only do justice by issuing warn
ing before exercising the right. mere
in he can choose the way which the
aforementioned thesis Of the American
government indicates, according TO
which the commander of the war yes
sci himself gives warning so that the
crew and passengers could bring them
selves into safety in the last moment,
or the government Of belligerent
states can, if this is recognized as an
inevitable necessity Of war, issue warn
ing of full effect also before the de-
parture of the vessel which is TO be
sunk; or, finally. II can, II II eStao-
fishes extensive measures against
enemy sea trade, employ a general
warning for all enemy vessels in ques-
ton.
No Warning to Armed Ships
"Ihst the principle according to
which care must be taken for the
safety of the persons aboard undergoes
exceptions the American government
itself recognized. But the Austro- Hun
garian government believes that de-
struction without warning is admisss-
BILE not only when a vessel fees or
offers resistance. IL appears-to men
ton only one example-that the char
acter of the vessel itself also must be
taken into consideration. Merchant
men or other private vessels which
carry a military garrison or arms
aboard in order TO commit hostile acts
of any kind may, according to valid
right, be destroyed without hesi'a'
In pointing out the objections to
warning vessels Just before sinking
them the note says: at must not be
overlooked that the rescue of persons
is almost always left TO mere chance,
as the only choice remaining is to take
them aboard war vessels, which are eX-
posed to enemy influence, or to expose
them in small boats to the danger OF
the elements, so that IL therefore cor
responds much better to the principles
Of humanity 10 prevent persons, by
timely warning, from using endangered
vessels. 1t continues;
Furthermore, notwithstanding. care
full examination of all legal questions
referring thereto, the Austro-Hunga-
rian government could not come TO
the conviction that subjects of neu-
trail states are entitled TO travel UNI
molested on enemy vessels.
1.-THE principle that neutrsls IN wal
time also should enjoy the advantage
of freedom of the seas refers only TO
neutral vessels. not 10 neutral persons
on board enemy vessels, because bellig-
erents, as is well known. are entitled to
prevent the enemy's sea traffic as far
as they are able Being in possession
Of the necessary war means and CON
sidering it necessary for the attain
ment of their war aims. they can pro-
hibit sea traffic of enemy merchantmen
on pain of their destruction, provided
they have previously announced this 70
he their intention, so that every one,
whether enemy or neutral, may be en-
abled to avoid endangering life.
Belligerents to Decide
Even if doubts should arise regard
ing the justihableness of such pro
cedure, and if the enemy should
threaten reprisals. then this would be