New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-09
State Department Tries to
Conceal German Viola
ton of Nations Law
BERLIN STRIVING
TO REVIVE TREATY
Measure Tnvalidated by
Seaman's Act Gives Ma
tiOnals 9 Months Grace
from The Tribune Bureaul

when the real facts about the deten-
ton of Ambassador Gerard by the Ger
man government came to light.
The State Department learned
through its agents in neutral coun-
try contiguous to Germany that the
suspicious which have filed official
minds for several days were well
founded, and that Mr.. Gerard had. in
fact, been refused passports BY Ger
many until Ambassador Bernstorfi )
safe return should be assured.
This procedure is in highhanded de-
fiance of all international laws and
precedents touching the invlolablhty
of the persons of ENJOYS. Not since
the Dark Ages has a nation resorted
to such procedure, it is declared by
diplomatists.
Although international law recog-
nizes no excuse or pretext for detaln-
ing an ambassado whenever he desires
TO leave the country to which he IS
accredited. there was an effort on the
part of State Department officials 10
minimize and excuse the offence on
the ground that Germany did not
understand that the German ships IN
this country had not been seized
State Department Hides Facts
Not only that. but there was an
effort for several hours after the Off
cial news of Mr.. Gerard's detention
was received to deny that such in
formation had come. 1t was inferred
from this attitude that the State De-
partment would do nothing to exact
an accounting from Germany for the
unprecedented violation Of the laws Of
embassy.
Although hundreds of American citi-
zens in Germany besides the ambassa-
dor and his suite have been detained
illegally. il appears TO be the policy At
present to submit rather than take any
action that might be regarded as pro.
vocative.
The ofrensiycness of this action is
heightened by the fact that for five
days the State Department has been
exerting every effort in behalf Of
Count Won Bernstorf and his suite and
the German consus. The British and
French governments were appealed to
for safe conducts. The French govern
ment communicated its consent yester-
day and the British to-day.
The State Department went so far
as to ask of Great Britain as a special
concession on behalf of Count Won
Bernstorff that his ship, the Scandinav-
ian liner Frederik VIII, be allowed to
pass 10 the north OF the Shetland ISL
ands instead of putting in at Kirkwall
in accordance with the British block
ade regulations. Great Britain as
sented to the proposal and suggested
as an alternative that the vessel call
at Halifax for inspection.
Bernstorff's Contention Ignored
Count Won Bernstorff had said that
he could not pass through the Ger
man blockade on his return trip. But
the United States. which does not rec
ognize thai blockade, was not bound
to bend to his preference in the matter.
II might have obtained a safe conduct
with the stipulation that Bernstorf
call at Kirkwall. and made him choose
between that and remaining on this
continent. The British government
also was not compelled to accede to
the request for a deviation from the
usual procedure.
Mr.. Gerards refusal TO enter into
any sort of negotiations with the Ger
man Foreign Office is approved by the
State Department as the only possible
course for him TO pursue in view Of his
status of private citizen. Any COM
munication from the German govern
ment regarding treaty or any other
subject would have to be carried out
through the Spanish diplomatic repre-
sentatives in Berlin, who are looking
after the interests Of Americans in
Germany.
The basis of the German proposition
TO reaffirm the old treaties, which,
among other things, provide that in
case of war the citizens of either coun-
try in the others territory shall have
nine months in which TO dispose Of
their property and leave, is found in
the fact that this course was necessary
TO continue the conventions in ex-
istence as result of the enactment
of the seamen's act by Congress sew
eral years ago.
Act Terminated Treaties
That act terminated all treaties con-
tanning provisions in conflict with the
new legislation for the protection OF
seamen. II was provided. however,
that other sections Of the treaties not
relating to the sailors might be con-
tinued in force if the governments with
whom these treaties we're made by the
United States expressed the willing
ness, to the exclusion of the objection
able matter. .
There has been no announcement OF
the American governments attitude
toward 2 formal reclamation of the
pacts. Officials already have made
clear that the spirit of the treaties will
be observed in the treatment OF Ger
mans in this country, though there is
some disposition to oppose any eX-
changes with Germany on the subject
Many Will Be Trapped
Most of the governments approached
consented to the alteration of their