The New York herald., 1921-12-30
ROOT POINTS TO LUSITANIA
IN CONDEMNING SUBMARINE

he had set forth for submarines as well
as other naval craft.
THE public opinion of the world says"
he said. "that the submarine Is not
under any circumstances exempt from
the rules above stated. That Is ne
cation Of the assertion Of Germany In
the war that IL submarine could not
capture a merchant vessel In accordance
with established rules the rules must
fail and the submarine was entitled to
make the capture. The public opinion
Of the civilized world has denied this and
has rendered Its judgment in the action
that won the war. IL was the revolt OF
humanity against the position OF Ger
many that led to Germany's defeat.
MY friends and colleagues this Is
real life we are dealing with here. This
is no perfunctory business for COM
mittee of lawyers. 1t Is o. statement of
action and for undisputed principles uni
versally known and not open to discus
sion. put in such form that 1t may crys-
tallize the public opinion OF the world.
that there may be no doubt in any fu-
ture war whether the kind of action
that sent down the Lusitania Is legiti-
mate va. or piracy.
I'VE cannot justify ourselves in sep
arating without some declaration that
will give voice to the humane opinion
of the world upon this subject. which
was the most vital, the most heartfelt.
the most stirring to the conscience and
to the feeling of the people of all oui
countries of anything that occurred dur
ing the late war. / should be ashamed
to go on with this conference without
some declaration. some pronouncement
which will give voice to the feeling and
F,,~ fOv- <ha xruto
zation of the opinion of mankind in the
establishment of a rule which will make
1t plain to all the world that no man
can commit such an act Gas the sinking
of the Lusitania) again without beinH
stigmatized as pirate
Rehearses Assembly Rejection.
Mr.. Root briefly rehearsed the rejec-
tion by the assembly of the League of
Nations OF the proposal of the advisory
committee Of jurists assembled by the
council of the league that "a conference
for the advancement Of international
law" be created.
THE door was closed" he said
Where do we stand? Is this not to be a
world regulated by law"
Mr.. Root said there was no adequate
law to govern submarines, aircraft or
move" His resolution, he said. proposed
to restate ''the rules of war that have
been trampled under foot. flouted and
disregarded."
SIS there a delegation here" he con-
tinued, that can afford to go back to It's
own people and say to them Upon the
proposal being presented to us we re-
ferred 1t to a committee Of lawyers and
adjourned?'
II am not going to be buried under a
committee of lawyers myself and these
rules cannot be buried under them.
Either we speak clearly and intelligently
the voice of humanity which has sent US
here and to which we must report. or
that voice will speak for itself. and,
speaking without us. will be our con-
demnation.'
Mr.. Root said he opposed reference Of
the resolution ito committee of law
yers or to any other committee"
IL ask for vote upon 1t here" he
said.
Warns Against Haste.
also opposed reference to a legal corr
mittee, but warned against haste He
pointed out that read literally para
graph 3 of Article /. would mean
that even merchant ship which re-
fused to stop when signaled by a sub
marine could not be attacked until hei
passengers and crew had been olaced In
safety. He also said that Article II. had
not disclosed its relation as PROPOSE
eventual substitute for Article /. until
Mr.. Root had explained its purpose.
Senator Lodge declared that "sirn-
pucity OF statement" was the first airr
ir reafsirming the rules of warfare and
that the Root resolutions accomplished
that object. He supported Mr.. Roots
argument and opposed reference to a
legal committed. saying there were In
the delegations those able TO put the
statement as 10 submarine rules IN
proper form.
What should like TO see done by the
conference" he said, rs to decide on q
policy-we can easily take care of
amendments suggested.
This policy has been presented and
will not down. The world to-day wants
an unequivooal declaration against the
sinking of the Lusitania. l know the
opinion Of my country.
What will be the alternative If We
fail to reach this decision? We shall
leave the door of uncertainty-open
to the type Of man commanding the
submarine which sank the Lusitania-
open to the people who wish to wage
war in that way
II hope and pray that the
world may hear the voice of this con-
ference speaking clearly against the
continuance of the use of submarines
for the destruction OF merchant ves-
sells and innocent lives, those of wom-
en-. children and noncombatants"
IruAnvxunnH Cnnrur~
Senator Underwood expressed hearty
concurrence" with Mr.. Roots views.
II believe we have now reached at
this table, he said. "the dividing of
the ways as to what the conference
stands for Arc we to proclaim that
we are still tied to the dead body of
the war that is past, or that the civ
ilized nations OF the world desire to
attain and accomplish new ideals OF
peace. that we intend to put war be-
hind and peace ahead?
"If we are only met here for a
temporary armistice, IL we are only
temporarily tired of war. with our
treasures exhausted--if we agree to
fly the white flag for a few years unit,
we grow strong for war again, let us
adjourn now and let the horrors of
the next war teachh statesmen the
lesson which is necessary. that civil
ization may progress toward the ideal
of permanent peace.
'If we are met here only 10 save