The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-03-14
GUNS TO GUARD
MUNITION SHIPS
Treaty Of 1899 Recognizes
Right of Craft to Carry
COntraband.
ARE LIABLE TO SEIZU RE
But Germany Must Conform to
Rules Of "Visit and
Search"
ARE LIABLE TO SEIZU RE

OF American merchantmen to fire on
sight at German submarines in the
barred zone was reafhrmed definitely
and authoritatively to-day at the State
Department. The only development
which can now change the orders under
which American naval gunners will op-
crate would be an announcement by
Germany of the abandonment Of her IL
legal submarine decree Of January 81.
Secretary Lansing regards this decree
directing submarines to sink all ships
without warning and without providing
for the safety of lives on board as tanta.
mount to announcing that the U.boats
In the barred zone have an illegal hos.
tile Mission to perform and that they
Will not follow the recognized practice
of visit and search. Their mere appear
ance therefore indicates to TIE mer.
chairman that they are under orders to
attack without warning. The sunners
aboard the merchantman therefore are
justified In at once firing in self.defence.
Secretary Lansings reference to the
armed guard" which 10 to defend Amer
lean ships was further elaborated to-
day. 1t was admitted that it would be
placed aboard all American merchant
men and would be aboard ships carry
ing munitions to the Entente as well as
other American vessels.
Treaty Gives Rights.
Its object, 1t was emphasized, would
rot be to protect the munitions but to
protect the American ships and the lives
of the persons on board. The fact that
II practically would serve as a protection
tn the munitions Is due. 1t is explained.
to the recognized right Of American
ships to carry contraband In their cargo.
This right, 1t was pointed out, was spe-
officially recognized by Germany In the
treaty Of 1893. Germany admittedly has
the right to hold UP the ship and detain
the contraband cargo under interna-
tional law. But she has not the right
Illegally to destroy the ship.
The armed guard will consist OF
young commissioned naval ofiicers, war
rant officers, gunners and gunners'
mates, according to the manner in which
officers and men are selected for par
ticular duty aboard each American ship.
These officers and men will be detailed
for duty as occasion arises. Instruc-
tions also will be given them before the
ship leaves for the barred zone.
The reports In naval circles that off,
GERS of the rank Of lieutenant were TO
be selected for big liners has led to a
rush of applications from officers of this
rank. Expert gunners and gunners'
mates are also applying for the perilous
duty. Men in service Of the navy want
to be detached from aboard ship to man
the guns. The selections will be made
with particular reference to individual
sailings, II is explained. and the most
expert probably will be detailed to the
RrSt ,,acSApCar lioerS IN hro ye
the German menace.
While the Navy Department was con-
sidering the detailing of these men re-
ports came in Of further U-boat activi-
ties against ships carrying Americans.
The sinkings OF ships are now withheld
by the British Admiralty SO far as de-
tails are concerned. But in cases where
American interests are involved reports
are permitted to bc made to the State
Department.
Lansing Explains Treaty.
Secretary Lansing to-day pointed out
that Germany under the treaty Of 1888
recognized the right of American ships
to carry munitions OF war. subject. OF
course to their legitimate detention by
a German war vessel which might in
tercept the ship. 1t was further ex-
planned that the treaty of 1893 was still
In force and that Germany had recog-
nlzed this clearly when the settlement Of
the Frye case was made with the United
States in accordance with provisions of
this treaty.
% Article Kill Of the treaty states
"And in the same case of one of the
contracting parties being engaged In
war with any other power. to prevent
all the difficulties and misunderstand-
ings that usually arise respecting mer-
chandise OF contraband, such as arms
ammunition and military stores Of every
kind, no such articles carried in the
vessels, or by the subjects or citizens of
either party, to the enemies OF the other,
shall, be deemed contraband. so as to
induce confiscation or condemnation and
a loss of property to individuals. Never
theless It shall be lawful 10 stop such
vessels and articles and to detain them
for such length Of time as the captors
may think necessary to prevent the In
convenience or damage that might ensue
from their proceeding, paying. however
a reasonable compensation for the loss
such arrest shall occasion to the pro-
prietors."
Under the rules Of this treaty Ger
many would have the right to hold up
an American liner and remove the con-
traband It In explained. International
law makes this right incontrovert,b.e e.
and should a German warship intercept
the st. Louis or the st. Paul, for OK
annie. and carry out the visit and
search rule. there would be no question
of using the ARMED guard" But in
the barred zone. where Germany has an
nounced its intention to sink wlthou,
warning and has demonstrated that in
tent!on in scores OF cases, all V-boats
will be regarded as intent on lawless
attack and subject to be fired on at
sight.
American Among Survivors.
Consul Frost at Queenstown reported
the sinking without warning of the Bel
gian relief ship Storstad and the sinking
Of the Cunard non-passenger shin Folia,
hound from New York for Avonmouth
Seven lives were lost when the Folia
was sunk without warning. She was
torpedoed early Sunday morning of
Rams Head. County Waterford. Sur
geon w. G. Cove of Nashville, Tenn,
was the only American aboard. He was
among the survivors landed at Bristol
this morning.
The details concerning the sinking of
the Belgian ship showed particular dis
regard of the C-boat commander for the
fate of this charitable mission or for the
lives OF those connected with IT, John
Roy Christian of Seattle. Wash, was
Continued on Second PoSs