The New York herald., 1922-01-04
HAS RESERVATION
Modification of Root
Measures to Define
Merchantmen May
Be Sought.
APPROVE PIRACY LAW
BaIfour Amendment for
Five Power Prohibition
of Horrors Endorsed.
FULL AGREEMrA ( LIKELE
Adhesion Of Italy and Japan
Expected to Be Announced
Immediately.
FULL AGREE,rA ( LIKELT

WASHINGTON, Jan. 3 (Associated
Press) The American proposal to
prohibit use of submarines against
merchant vessels, now the - 1omi-
nant issue of the ar citations
has been accept gi1ciple lE
France, but her delegates hdve re-
served final approNa pending ds
cussion of the precise Iane1 90 OF
the declaration.
British acceptance previously had
been given. and although neither the
Italians nor the Japanese had re-
ceived final instructions tonight
there were indications that neither
Rome nor Toxic would interpose Sc
rious objections if the proposal re-
ceived Frances full approval.
status of Merchantmen.
The exact nature of the French
reservation was not revealed, but the
impression was gathered in some
quarters that it might concern such
definition of the terms of the
declaration as would make it clear
just what conduct would be expected
from merchantmen in view OF their
immunity from submarine attack.
Should that point be raised an in
teresting and many sided discussion
might result. for in several quarters
there has been apparent a tendency
toward the opinion that the term
merchant ships" should be strictly
defined with express stipulations as
TO whether merchantmen are to be
permitted TO arm and whether it is
to be permissible to disguise var
ships as vessels of commerce.
The French delegation, however. in
making known it's acceptance in
principle has emphasized that it not
only agrees to the original proposal
OF Elihu Root that the new prohibit
ton on submarine warfare become eff
fective when all nations have agreed
to II. but also TO the amendment OF
Arthur ]. Balfour. which would make
the prohibition Immediately effective
as between the five great Powers.
At the same time the French have ac-
cepted the additional Root declaration
under which any submarine commander
violating the rules OF international law
would be liable 10 trial for an act or
piracy In regard TO this also accept
ances still are awaited from the other
foreign governments. IT is possible the
delegates instructions will be suffi-
ciently complete. however. 20 permit
a meeting OF the naval committee Of the
whole tomorrow.
Activity behind scenes.
The French acceptance was communi-
Gated to Secretary Hughes by Anbas-
sador Jusserand late to-day. while the
formal proceedings OF the conference
" ere passing through another period OF
outward inactivity but while develop
ments that touched on several other inn
portant issues Of the Washington nego-
tiations were stirring behind the scenes.
In discussing tonight the French ac-
ceptance of the submarine restrictions.
Nir. Sarraut declared that his Govern
ment accepts frankly not only - y
resolutions but Mr. Balfour's
In respect to the second or
Asked n e would be ne TO
discuss the resolutions"
I'VE accept fully the spir -eu-
lutions. which includes ais1 tIs tr
OF the second one with ..r. BaIour
addition The naval experts will give
the resolutions a precise form so that
there may be a clear understanding OF
them"
Previously strong misgivings an
peared TO have arisen IN the minds of
various delegates as 10 tho prudence
OF accepting Mr.. Balfour's suggestion
that the submarine prohfbifion bc ac-
ccpted now by the five Powers without
waiting for the universal consent
which Mr. Root said was necessary {,
make q fresh addition TO intcrnationa
law Naval people were said TO b
thinking OF the need for clear and even
elaborate definitions OF the meaning
OF the resolution and the naval ducs.
tions opened up TO a. The resolution
provides that submarines shall not be
used as commerce destroyers under any
circumstances.
some Moot Questions.
Some OF the questions raised are
these:
IL submarines may not attack COM
nerce carriers. may they be attacked
by capital ships or lighter sea sur
face warships or by airplanes or by
mines or by any device employabls
other than by submarines?
Are merchant ships free 20 run
down or attack submarines. or can
they be converted into auxiliary
naval craft having all the appearance
OF merchant SHIPS. although really
armed. or can merchant shirs en-
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