The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-02-02
State University Professor
Calls Action Return
to Barbarism.'
NEUTRALS COMPELLED
TO'RESENT ATTEMPT
Fallacles in Berlin's Argu-
mer1ts Pointed Out. by
History Instructor.

! "A return to the barbarism OF mari
time warfare of a century ago." is the
way Professor Paul c. Phillips of the
State University characteristics the
probable outcome Of the declaration Of
the German government Of blockade
Of the allies ports. Professor Phillips
teaches international law at the uni
vcrsity.
"Since the blockade order of Ger
many violates the fundamental rights
of the United States as neutral. what
action can the government take?" was
the question asked Mr.. Phillips yester-
day.
Further protest is hardly to be con-
sidercd," he said. while it is possible
that Germany will not go the full
length of her order as far as u con-
Germs American rights, the govern
ment at Washington must prepare for
the literal enforcement of the decree.
To sever diplomatic intercourse is the
most apparent weapon. yet this would
leave no means for future negotiations.
Other acts of reprisal by the United
States might be to forbid German
boats the use of our ports or to declare
an embargo on shipments of all goods
destined to Germany, either Of which
would be a step in the direction Of
war.
0srmany's Reasons invalid.
Germany urges two reasons as
grounds for her blockade order. The
first Is that the British government is
attempting to starve the German peo-
pie regardless of whether they are
combatants or not. The second is that
Great Britain is violating the rights of
neutral countries; notably those of the
Netherlands and the Scandinavian
countries. The answer to the first Of
the complaints made by Germany is
that Great Britain is maintaining a
blockade of German ports and that,
since this blockade is effective. it is
marines have been able to break
through this blockade does not render
it ineffective. The escape of vessels
specially designed to evade blockade
restrictions does not invalidate the
blockade according to rules established
in our own civil war. There is no
doubt that neutral nations have a
right to object to the rationary system
which Great Britain has imposed upon
them, but their objections must be
based on injury to their own interests
and not on any hardship which Ger
many may suffer. In war time neu-
trail interests are not subject to the
consideration Of any belligerent.
Blockade Not Legal.
THE German note to the United
States proclaims q blockade Of the
British isles, France and Italy and
closes the open sea to commerce for q
distance of several hundred miles tc
the west and north Of Europe. Such 9
blockade cannot be regarded as lega
for the following reasons:
Five hundred submarines. Tho
maximum number Germany is reported
to have ready for operation, canno
possibly make such a blockade cffcc.
tive. and for 60 years it has been ;
universally admitted principle in inter
national law that a blockade to b,
legal must be effective. Germany i.
returning to the primitive practices o
the Napoleonic wars, practices which
finally involved us in the war of 1872
I'm the second place, there is M
principle of international law whicl
admits Of the blockade of the higl
seas. This Is the first time since tn
later middle ages that such principl
has been asserted.
The third point is that any attemp
to enforce such a blockade would no
only violate the laws of war but tn
whole SYSTEM Of neutral rights. Neu
trail vessels have right to go withi
the area that is declared closed by tn
German note. II they violate thes
orders. they can only be brought I
port and given trial. It is impossible
however, for Germany to give any sue
boats hearing. Enemy ships ar
subject to capture whenever found, bu
neutral citizens sailing in such ship
must be released promptly as soon a
they are placed in safety and neutrs
goods are not subject to confiscatiol
1t is impossible. Of course. for the Gei
man blockading forces to observe an
of these aprovisions while attempting I
force ~ blockade.
ut has been the tendency OF intel
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