The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-03-06


In the coarse o. the entire war Aus
tro-Hungarian war vessels have not
sunk one enemy merchantmen w.tn-
cut previous II only general. warning.
Various Interpretations.
'Tht repeatedly mentioned thesis OF
the United States government also al
lows various interpretations. insofar.
namely, a. Il Is doubtful whether. as
n asserted from various sides, only
resistance iustlfles the destruction Of
~ vessel with person aboard. or re-
slstance Of another kind as II shown
II the crew Intentionally neglects TO
take the passengers into boats-the
Anconla case-or II the passengers
themselves refuse 10 enter boats. Ac-
cordin5 TO the opinion OF the Aussro-
Hungarian government. the destruc-
ton Of a warned vessel without res
cuIng the persons aboard Is admls-
sable In cases OF the latter kind be-
cause otherwise Il would be left 20
the individual passenger 20 nullify the
right OF bciiigercnts TO sink vessels.
Moreover. Il may be pointed out
also that there Is ro unanimity as
regards IN what cases the sinking OF
neutral merchantmen OF all IL admis-
sable. The obligation to issue a warn
ing Immediately before sinking ves-
aels leads. acccrding 90 the opinion
OF the Austro-H Hungarian government.
on the one hand TO harshness which
coutd be avoided. on the other hand.
n Is under the circumstances calcul-
ated to injure the justified interests OF
hellleerents. In the first place, Il
must not be overlooked hat she res
cue OF persons Is almost always left
to mere chaLcc as the only choice re-
naming IL to take them aboard war
vessels which are exposed to any en-
emy influence, or to expose them in
small boats 10 the dangers OF the ele-
ments; 50 hat Il therefore CORES
ponds much better 20 the principles
of humanity TO prevent persons by
timely warning from using endangered
vessels.
Neutral Persons Rights
Furthermore Notwithstanding care
ful examination of all legal questions
referring thereto. the Austro- Hungar-
ian government could not come to the
conviction that subjects OF neutral
states are entitled e travel unmolest-
ed on enemy vessels.
The principle shat ncutrais in wal
time also should enjoy the advantages
OF freedom OF the seat refers only u
neutral vessels, not TO neutral persons
on board enemy vessels. because bel
lig~erents. as Is well known. are en-
titled TO prevent the enemy's sea traffic
as far as they are able
The definite attitude OF the Aus
irian government Is stated In the fol
, lowing terms The Austro-Hungar
ian government can suppose that tbs
| washington cabinet will agree vita
these explanations which. according
to the Aussro-Hungarian government
! conviction. are unassaiiable: as other
wise. disputing their correctness
| doubtless would be iantamount &
saying-which certainly does not cor
respond 10 the opinion Of the United
| states that negtrals must be free C
interfere with military operation oi
| beiiis erents or even directly assum'
the Office OF judging a. 10 the wa
means which are "a be directes
lagainst enemies.
1T would also be a misinterpreta
tion OF the duties OF humanity TO de
mand that crews of var vessels expos
Themselves without defense 20 arm
of the enemy" the note states, ~
state could value its duties OF human
ity toward the legal defenders Of IA
fatherlend less than It's duties toward
subjects Of foreign powers. The Aus
ltro-Hnngarian government therefor
could have stated som conviction tina
It's promise made to the Nashingto
lcahinet did not extend. from the yer
beginning. TO armed merchantmen
because they, according TO the vail
lprinciple and right which restrict hos
%tiiities 10 organized forces, are 10 b
regarded as pirate vessels which ma
De destroyed
Views on Aiming Merchantmen.
AS history shows. II was neNt
lpcrmitted under general i~nternation'
law that merchantmen oppose IN
exercise Of the right OF capture b
war vessels. Even II n regulation
such kind could DE found, this woui
no. prove that vessels should be a
flowed 10 arm themselves. II mui
be taken into consideration that Oh
farming OF merchantmen would CON
ipletely transform warfare on the SO