New-York tribune., 1921-12-30
Real Submarine Limitation

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Real Submarine Limitation
Submarine limitation not being OBJ
tainable in the way first proposed,
Mr.. Hughes and the American dele
CATION, refusing to be discouraged,
have promptly submitted another
proposal--the second in many re-
spects promising more than the first.
Not only is a more specific defni-
ton of international law provided
for in the Root resolutions, but there
are the highly important additions
Nat it shall be piracy for a sub
marine to disregard international
law and that it shall be no defense
to plead that an illegal sinking was
authorized by home government.
This means that unless there is due
visit and search and unless the
crews and passengers of merchant
vessels are placed in safety those
who man submarines need to fear
the gallows.
The firm enforcement of these
rules would end the general use of
submarines as commerce destroyers.
Only in exceptional cases could
submarine attack merchant vessel.
For specias purposes, particularly
those relating to defense, submarines
may continue to be built, but as COM
merce destI@y yers their, teeth would
be drawn. The undersea rover, with
a radius of thousands Of miles, would
be practically out of business.
But would international law if
thus defined be respected? Many
are skeptical as to this. But once
the rule were explicitly established
that submarine which attacks
without warning is piratical and
that its crew may be treated as
pirates, then danger would be dimin-
ished. Many influences will con-
spire to induce nations, even those
without scruples or morals, to be
careful. If the Root resolutions
had been definitely and clearly in
ternational law in 1915 the Ltsi-
tania slaughter would scarcely have
occurred. Germany's pleas were not
convincing, but she was at least able
to confuse our then government.
AS q war vessel submarine is
no more terrible than is a battle
ship or battle plane. 1t is capable
of performing valuable defensive
and scouting work. 1t is against it's
use as commerce destroyer that
the world RACES, for if used as
commerce destroyer it is almost nee
essarily barbarous. One way of pre-
venting its use as commerce de-
stroyer was to limit it's size. thus
preventing long cruises. The other
way is the method of the Root res
olutions-by new penalties for illegal
practices.
What objection can any country.
especially any of the countries whose
delegates are assembled at Washing
ton, make to writing the Root reso
lutions into international law? All
have loudly cried out against SUBJ
marine piracy. They have said that
their submarines, if built, were to be
merely defensive war weapons. How
can they now, by significantly re-
serving the right to use them as
commerce destroyers, nullify their
professions? To consult home gov
ernments concerning an important
addition to international law is
proper enough, but what reason can
the home governments put forward
as basis for non-consent?
And what excuse can the small ma
tions uncover to Justify a refusal to
adhere? Even though these small
nations do not expect to be belliger-
ents. they will be belligerents and in
terested as such in the maximum of
sea freedom. Not even Germany or
Russia would dare stay out and thus
confess to malevolent intent.
World opinion has sufficient potency
to make conditions highly uncom-
Portable for any nation that insists
on the right to sink on sight and
without leaving trace.
The American delegation. re-
pulsed on one flank, is to be con-
graduated on its prompt bringing of
even heavier guns to bear on the
other flank.
Arguing With the Cyclone
Ex-Representative Cordell Hull
the new chairman of the Democratic