The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-06
KEEP OUT WAR ZONE
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powers hesitated. Only then and after
long and careful consideration of pros and
cons did they begin to return ike Tor
like and attacked the enemy on the sea-
AS the only ones of the belligerents who
had dom everything to secure the existing
the freedom of the seas, they felt with
panied hearts the law of the hour which
But they took this step to fulfill the para
mount duty towards their peoples and
principle OF the freedom of the to be
Victorious. The proclamations which they
issued last January are apparently directed
only against the rights of neutrals. IN
reality they serve towards the restoration
necessarily violated and which, i they
were victors they would destroy forever
Thus the submarines which are crudsi1 *
peoples who need the sea-and what people
does not want coasts that me ,, da atata ls
in the glory of their newly won freedom
can fly freely over the ., seas s,,s anrouDce-
lnent will echo everywhere neutral peoples
live and that it will especially be under,
States whose most ilustrious representa-
tive has during the war. defended with
as the highway of all nations
Design to Break British rule.
s..If the people and government of tho
United States keep in mind that the plock-
abe proclaimed by Great Brltalh Is not
only meant to wear down the central pow
prs by starvation but aims at subJectihg
tho seas to her rule. establish IN this hef
tyrauny while the other hand, the block
AIDE of England and her all1eS only serves
to make these powers incline t"WifHs
peace with honor and Il guarantee TO al
nations OF the freedom or sea traffic aud
sea commerce aud thereby secNtSu eA-
istence then the question which of the TWO
partics has The right ON it's side is already
decided Tho the central powers nave no
desire in the war To- pei { i 1r antiticd ~
look To ncutruls to appreciate their efforts
to revise. in the interest of all. the prHn-
ciples OF international law ana equai rights
In replying now to the question put in
the American note of February Is, the
Austro- Hungarian government firstly re
marks that In the exchange of notes refer
ring 10 the cases Of the Ancona and the
Persin ii restricted itself to defining its
attitude to concrete questions which IN
dividunlIv arose without laying down its
Fundamental legal conception. put N us
note OF October 10, 1913, referring TO the
AnconA ease. it reserved to itself the right
to bring mp fer discussion ut Il later GATE
difficult international questions which arise
in connection with submarine warfare II
il now refers to this reservation ahu now
briefly discusses tile question Of sinking
enemy vessels to which that note refers. It
is guided by the desire to show the Amer
iran government that it now as heretoloFe
strictly adheres To the assurance already
important question arising from submarine
warfare
Approves safety for Those Aboard.
Z Above all the Austro- Hungarian gov
ernnent desires to emphasize that 1t IS also
its opinion that the thGss set up Dy tue
scented in various learned records, that
enemy merchantmen, apart from cases OF
be destroyed without precautions being
faken for the safety of tue persons aboard
forms so to say. the kernel OF the Whole
From the laws of humanity the gener-
al principle can be derived that when eN-
erutlng the right of destroying enemy
Merchantmen the loss OF human lifa should
as far possible be avoided; To this
principle the belligerent can only do Jus
fire by issuing warming before exercising
the right. Therein he tan choose the way
which the aforementioned thesis or the
American government indicates, according
10 which the commander of the war vessel
himself gives warning so that the crew
and passengers could bring themselves into
safety in the last moment or the govern
meut of belligergent states, can If this is
war issue warning of fun effect also be
fore the departure of the vessel which Is
to be sunk finally it can. if it establish
trade employ a general warning for all
enemy vessels in question.
IN Case of Armed Ships.
fThnt the principle according to which
care must be taken for the safety of the
persons aboard undergoes exceptions the
American government Itself recognized
Hut the Austro- Hungarian government be
Heves that destruction without warning is
admissible not tnly when vessel flees or
offers resistance. 1t appears-to mention
the vessel itself also must be taken into
consideration. Merchantmen other pri
vate vessels which carry garrison or
arms aboard i'll order to commit hostile
acts Of any Kind. may. according to valid
right. he destroyed without hesitation.
THE Austru- Hungarian government
need not call attention to the fact that the
bellgerent is released on all consideration
Tor human life ii his opponent sinks
enemy merchantmen without previous
warning rs happened with the Electra
tGerman) DubrOvnik (Austriunl Zagreb
tAustrian) etc. Whith has already been
the Austro- Hungarian government never
returned like for like, Notwithstanding its
ancontested right In the course of the
entire war AuStrO- hungarian vessels
have not sunk enemy without previous.
II only general warning.
NeutraIs on Enemy ships
The principle that ncutrals in war time
also should enjoy the advantages of free
dom Of the refers only to neutral
vessels. not to neutral persons board
well known, are entitled to prevent the
enemys sea traffic far as they are
able. Being i'll possession of the necessary
war means and considering it necessary
Tor the attainment of their aims, they
can prohibit traffic of enemy mer-
ehantmen on pain of their destruction, pro-
Fided they have previously announced this
as their Intention, that every one
whether enemy neutral may be enabled
70 avoid endangerinE life. Even If doubts
should arise regarding the justiffableness
u such procedure and If the enemy should
threnten reprisnls, then this would be nm
affair for settlement between the bellfger-
ents only.
In such eases ncutrals Lave no other
legitimate interest and therefore no other
legal claim. than that the belligerent in
form them in time of prohibitions directed
to the enemy, that. they can avoid entrust-
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