New-York tribune., 1918-02-17
Neutrals Saved
From Draft by
New House Bill
Nationals of Friendly Ma
tions Who Have Taken Out
First Papers Exempted

WASHINGTON, Feb. l6.-Amend-
ment of the draft law so as to exempt
citizens or subjects of neutral coun-
tries who have declared their intention
to become American citizens is pro-
posed in bill prepared by the War
Department in conjunction with the
State Department and introduced TO-
day by Chairman Dent of the House
Military Committee.
Secretary Lansing advised Mr.. Dent
that the State and War departments
"are strongly Of the opinion that, from
the standpoint of international rcla-
tions, it is highly undesirable that the
existing law should stand unmodined
as evidence Of a disregard of treaty
obligations or even a supposed rule of
international conduct heretofore OBJ
served by other governments"
Secretary Lansing estimated that,
counting out citizens or subjects of
treaty countries who, it is assumed,
should be exempted, the proposed
amendment would exclude about 10000
men, of whom not more than so per
cent and probably not less than 80 per
cent would be found eligible for mill
tary service.
OF the 10000 he estimated that one
half are citizens of Mexico and about
40 per cent are subjects Of Scandina-
Wan countries.
Neutral Countries Protest
Secretary Lansing's letter revealed
that many neutral countries already
have made insistent protests against
conscription of their nationals, causing
embarrassment to the governments; that
the President has found it eXpedient.
Tor international reasons, to discharge
from the army neutral nationals under
certain circumstances, and that the
present law has been used abroad as a
medium of irritation by enemy propa-
Eandists.
Secretary Lansing said the loss Of
man-power involved seemed to him Gin
consequential in view Of the other con-
slderations at stake in our foreign re-
lations"
"All aliens Except alien enemies)
who had declared their intention to be-
come American citizens were by the
selectivc service act made liable to
military service in the same manner as
SiVi~eiiS " VIC ONlIeu SJateS, Sald the
Secretary's letter. "Thc act contained
no provision preserving the treaty
stipulations by which this government
had become obligated TO exempt the
nationals of Argentina, Costa Rica,
Honduras. Italy, Japan, Paraguay, Ser
tia, Spain and Switzerland from mill
tary service in the United States. 1t
made the declaration of intention the
determining factor of such liability, al
thOt30h trnu ~
several treaties which specifically stipu-
late that the declaration of intention
shall not of itself affect in any way the
nationality of the declarant, that dec
laratlOn of intention does not confer
American citizenship upon the declar-
ant or release him from his prior al
legiance.
apparently there never has been
any intention on the part of the gov
eminent to regard such persons, gen.
orally, otherwise than as aliens.
Many Complaints Received
at was not to be unexpected. there.
fore. that the Department Of State
should receive numerous and insistent
requests from the diplomatic represen-
tatlves of neutral countries for the dis
charge of their nationals who had been
conscrlpted. In some cases such re-
quests were based upon our treaty stip
ulations to exempt the aliens in cues
ton from military service. In other
cases requests, little less insistent. were
based on the asserted practice of ma
tlons to exempt from military service
IN internal conflict resident nationals
OF foreign countries. In still other
cases requests were founded upon
treaty provisions which expressly re-
serve the alien nationality of persons
who may declare their purpose to be-
come citizens of the United States, but
who have not completed the act of
naturalization.
"On account of the number and in
slstence OF such requests, and consid-
cring the grounds upon which they
were based, the President has found it
expedient in the conduct of foreign re-
lations to indicate his willingness to
discharge neutral aliens in certain cir
cumstances after they have been
brought to within his jurisdiction as
commander in chief of the army, by in
duction into the military service.
"Such induction, howaver, which is a
necessary prerequisite to discharge by
the President, constitutes in reality a
violation of the treaty obligations and
the accepted international precedcnts
ypYn which ths protests Of foreign
- a ~ ~