Daily capital journal. (Salem, Oregon) 1903-1919, 1917-03-09
NECESSITY KNOWS NO LAW"


Bryan does not defend fbustering, but at the same
time he ustes the late successful in the senate He
takes the position that Americans should not be allowed
to travel beigeren ships Like most Of others of his
way of thinking, he does not make distinction as to the
kind of begerent ships If deliberately went aboard
Warship he would expect to be treated any other
person on her On peaceful begerent ships it is diff
ferent matter for under the rules Of civilized warfare
while the ship may be sunk, it required the lives Of
those board shall be saved This country has raised
protest against the sinking Of ships long the lives
of those board taken Of 1t has not asked
Germany to spare ship because there Americans
board, but only that the lives of such Americans
should not be taken England has established blockade
of German ports If ship undertook to that block
ade and SUNK no country could object so long as the
lives of n0combatans were spared and the vessels and
cargoes destroyed paid for If however, England in en-
forcing her blockade should sink merchant ships without
warning and sacrifice lives in doing this country would
sever relations with her just it has with Germany.
The trouble is that submarine warfare has come into
existence only recently and owing to its nature it is
difficult to comply with the rules of war without danger
to the submarines Germany this account has estab
lished tried to- rules Of her own, made to fit new
conditions international laws cannot be made by one
country but must be established by mutual agreement
Germanys leaders know this and while denying it, are at
the same time insisting Germany is fighting for her ex
istence and that this uses the of any that
will win 1t is one of those of Necessity knowing
no law" That is all there is to the German contention
AS bearing the submarine controversy the follow
ing synopsis of our only existing treaty OF commerce
and amity" with Prussia was prepared by Mr. s. E.l
Edmunds lecturer on international law at the ST. Louis
University Law school. Mr. Edmunds says:
The first treaty of
the country had found her consn
on Frederick the Great; the American negOot
o were Franklin Jefferson, John Adams This
revised in 1892 while John quincy Adams was our representative IN
In but
in 1925 Clay Ludwig Nedcrstcto
their instrument reaffming certain
the stated that Article MI of
treaty concluded Articles XIII XXV
inclusive OF similar concluded at Berlin in 1892 care hereby
with virtue as il they made Of the context of
Article XNIII those provisions
would like reatfimcd and expanded by our
represented by the German mpe) In the first place 1t
the contracting parties the merchants
collect their debts affairs may depart freely carrying
OH all ueirc effects moleaion or hmdroncc.''
woman scholars Fishermen arzans
peaceful occupations moifed places and also the humane
clnchel by this general declarations
Neither the peensc treaties any
M i het S @ rpni5 ~ o"d SnD whb ttev ore 70 ba nv y
Certain other provisions
nations with third power much
editors of the American particular the Article
MI 17S5 coimcd in 1928 has been found intensely interesting 1t
follows
contracting parties any
power subjects
of the remaining ncuter with the bgerent shall not be IN
terwted On the contrary in that in full the vessels of
the neutral party navigate freely to and from the ports and on the
the bgcen parties free vessels making free goods nomueh
neutral alo such things belong the
other; freedom shall be extended persons who shall be
they he soldiers in actual service Of such enemy
the treaty 1899 provide
se ps he owc q rroee" to H. aination II a prnt merchant
Of ship and cargo without further examination.
Il