Evening star., 1921-12-30

governmental superior, should be DEEM
ed to have violated the laws Of war
and should be liable to trial and punish
ment as if for an act of piracy, etc:
Having regard to some experiences of
his own country in tae late war. and
especially to one occasion when twenty
Canadian nurses had been drowned as
the result of the torpedoing of hospi-
tai ship and the subsequent sinking OF
the ships boats. he could say that the
feeling Of his country was strongly in
favor of the proposal that any person
guilty Of sucn conduct, whether under
the orders Of his government or not,
should be treated as pirate and brought
to trial and punishment as such.
Mr.. Hanihara said:
THE Japanese delegation Is in en-
tire accord with the substance OF ar
ticle Of the proposed resolution. AS
regards the suggestion whether 1t is
not advisable to refer the matter to q
committee of experts for drafting,
am rather inclined to follow it. not
that we have any particular point in
mind on which we have observations
to offer. but merely in order to make
it sure that it leaves nothing to be de-
sired as to its precise wording. We
may instruct the committee to exam
Inc 1t in this sense and not to touch
the substance Of it.
Mr. Root Explains.
Mr.. Root said:
Senator Schanzer has asked some
questions, to which shall reply.
First. AS to the agreement OF ar
ticle I of the resolutions now before
the committee with the second article
relative to the prohibition of making
use Of submarines as commerce de-
stroyers. which he deems inconsistent
with article I.
Article I is a statement of exist
ing law; article II. if adopted. would
constitute a change from the existing
law and therefore it is impossible to
say that it is not inconsistent. II 1t
were not inconsistent there would De
no change. Article II could not be con-
sistent with article I and still make
change.
Senator SchanZer also suggests
that the resolution be completed. in
cluding definition of merchant
Ship Throughout all the long history
Of International law no term has been
better understood than the term
merchant ship
TT could not be made clearer by
the addition of definitions. which
would only serve to weaken and con-
fuse it. The merchant ship. Its treat
ment, it's rights. it's protection ana
its immunities are at the base OF the
law of nations. Nothing is more
subject we call merchant ship.
Believed Legally Correct.
Now with regard to the proposal
to refer this matter to committee
of lawyers, far be 1t from me to
say anything derogatory OF the
members Of the profession of which
1 have been humble member LOT
more years than I care to remember.
They are the salt Of the earth; they
are the noblest work of God; they
are superior in intellect and authority
to all other people whatsoever. But
both this conference and my own life
are approaching their termination.
do not wisbzkhese resolutions to be In
lawyers after We adjourn.
II supposed, when we adjourned
yesterday and after what had been
said concerning the opportunity FOR
critical examination, that the different
delegations would call in their own
experts and ask their advice with re-
gard to this resolution, which is now
the only one before the committee. l
had supposed that the experts in in
ternatiC nal law brought here for the
purpose of advising would have been
asked whether this was correct
statement of the rules and that we
would have here today the results Of
that inquiry.
II would like to say that am en-
titled to know whether any delega-
ton questions this statement of exist
ing international law. You are all in
favor of the principle of the resolu-
ton if it is correct. Does this or does
exists? II it does you are all in favor
of it. What, then, hinders its adop-
ton?
Prescribed Rules.
Senator Schanzer. in describing the
action of submarines with regard to
merchant vessels. repeated on his own
behalf the very words of this resolu-
tion. The very words-ipsissimis
verbis-of this resolution may be
found in Senator Schanzer's remarks.
My respect for the learning. expe-
rience and ability of the various dele
gates around this table forbids me to
doubt that every one here is perfectly
familiar with the rules and usages as
stated in the first clause OF article 1.
This does not purport to be a codi-
fication Of the laws of nations as re-
CARDS merchant vessels or to contain
all of the rules. 1t says that the fol-
lowing are to be deemed among the
existing rules of international law.
The time has come to reaffirm them.
II. "A merchant vessel must be or
dered to stop for visit and search to
be captured
DO we not all know that is true?
It is long established principle.
2. "A merchant vessel must not be
attacked unless 1t refuses to stop for
visit and search after warming
"3. "A merchant vessel must not be
destroyed unless the crew and pas
sengers have first been placed in
safety
"Is there any question whatever as
to the correctness of these state
ments?"
Turning to one of the British legal
advisers, Mr.. Root asked: "Mr. NAL
Mr.. Malkin replied that in principle
there was no doubt at all.
Regarded Elementary.
"As Mr.. Lodge remarks to me-"
continued Mr.. Root, this is only ele-
mentary. The object of the resolu-
tion is to form something which will
crystalline the public opinion of the
world. 1t was made perfectly simple
"Then follows a principle of vital
Importance on which I challenge
denial II all the lawyers in the
world should get together they could
not decide the question more con-
world says that the submarine is
not under any circumstances exempt
from the rules above stated, and. if
so, they cannot capture merchant
vessels This is Of the greatest i'm
portance. That is negation of the
assertion of Germany in the war
that If a submarine could not capture
q 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. 1t was the