El Paso herald. (El Paso, Tex.) 1901-1931, 1917-03-06

/ be free to interfere with military oper-
atoms of belligerents OF even directly
assume the office OF judging as 10
the war means which are TO De en-
plOyed against enemies
BeIIIgereBts Can't Lover Arms to
, Neutrnis-
1T appears that IL also would be
fagranr MISUNDERSTANDING II q neutral
government, only to enable ITS SupJeets
TO travel on enemy vessels while they
as readily and even with lar greater
security could use neutral vessels,
should fail TO arms with a beligerent
power which perhaps was fighting for
its existence, not to speak Of the most
serious abuses for which the road
would be left clear if the belligerent
were TO be forced to lower arms De-
fore every neutral who desired 10 use
enemy vessels for his business or pleas
Ure trips.
Law of War on Land Applies.
Never was there the slightest doubt
that neutral subjects themselves have
To bear all the loss which they suffer
by entering on land territory where
wariike operations are taking place
There obviously is no reason 10 allow
different principles for war on sea
the more SO as at the second peace
conference the wish was expressed that
until the time when war on sea should
have found a settlement by agreements
the law in force for war on land should
be employed as far, as this was pos
sible, also for war on sea
Warning II Necessary.
In the spirit of what was previously
said. the regulation that warning must
Je given to a ship which is 10 be sunk
undergOes exceptions OF various kinds,
under certain circumstances; as, for in
stance as mentioned by the American
government. in cases OF flight and re-
sistance, when vessels may be de-
strOyed without warning, while in
other cases warning before the de-
parture Of vessel is necessary. The
Austro-HUng arian government can
therefore state what attitude sOever
the Washington cabinet may take in
regard to individual questions raised
here that il. as especially regards pro-
lection of neuralS against endangering
their lives. is essentially in accord
with the American government.
Wants Americans to BE safe.
But IL was not only satisfied to put
into effect in the course of this war
the conception represented by her but
beyond that il also accommodated its
attitude with painful care to the
thesis set up by the Washington cab
met and would feel inclined to sup
port II IN its endeayor TO secure Amer
lean citizens against dangers at sea
warmest philanthropy and by instruct
ing and warning those entrusted with
it.
Aiming Merchantmen Not Justified.
AS regards circular note 1862 of
last year, regarding the treatment Of
armed enemy merchantmen, the Austro-
HUNGARIAN gov ern m ent, II Is true. has
to state that. as already mentioned
previously, il is of the opinion that
the armihg of merchantmen. even solely
Tor defence against the exercise of the
right Of capture. is not established by
modern International law
"A war vessel IS obliged to come
into contact with enemy merchantmen
in a peaceful manner. It has TO way
lay the vessel by certain signals. TO
enter into communication with the cap
tain. to examine the ships papers. draw
mp protocol and. il necessary, take
an inventory, etc.
Can't Do So IL Menaeed
"Fulflment OF these duties presup-
poses naturally that the war vessel has
full certainty that the merchan imam. on
its part. also Will act peacefully. With
out doubt such certainty does not exist
II the merchantmen possesses arma-
ment which is sufficient to fight the
war vessel. 1t can hardly be expected
to discharge its duties under the muz-
zles OF guns. whatever their purpose
may be. without mentioning the fact
that merchantmen Of the entente DOW
erS. despite all assurance to the con-
trary. areas this has been proved
provided with arms for an aggressive
purpose and also use them for this
purpose
Armed Merchantmen Pirates.
1t would also be a misinterpretation
OF the duties Of humanity to demand
that crews of war vessels expose them
selves without defence to arms OF the
enemy No state could value its duties
of humanity toward the legal dPfeud-