Evening star., 1925-09-21
FRENCH HOLD BAN
ON FLYERS HASTY.
Think Kellogg Edict Recall
ing Americans in Morocco
UncaIIed For.
BY JOHN GUNTHER.

BY Cable to The Star and Chicago Daily News.
PARIS. September 21.--Somewhat
perrurbed by the Washington decision
forbidding American aviators from
continuing fighting in Morocco, the
French realize they cannot make an
official protest. yet they feel that
Secretary kellogg's edict was some
what hasty and uncalled for.
How soon Col. Charles Sweeny and
his companions will surrender their
planes is not yet known here. That
depends on the action of Maxwell
Blake, American consul general at
Tangier, who has the Job of serving
notice on the flyers that they must
quit.
The legal basis for the Washing
ton decision is considered shaky here,
since the flyers are not officially at
tached to the French army. but are
volunteers enlisted in the private
forces of the Sultan of Morocco for
protection of the Sultan's interests.
The French point out that by the
rules OF international law Add el. krim
is considered a rebel under the exist
ing treaties signed by Great Britain,
Spain and France to protect Morocco.
the French force being a punitive ex-
pedition only.
Copyright 1928, by Chicago daily New.)
State Department Silent.
State Department officials had moth
Ing to add yesterday TO the disclosure
that Consul General Blake at Tangier
had been directed to call the attention
OF American aviators operating with
French forces against the Riffian
tribesmen to two sections of the re-
vised statutes which their service
might violate. There appeared to be
little probability that the matter
would be pressed in any other way.
The sections cited are numbered
s2s2 and 4o90. The first is designed
TO prevent recruiting of foreign
armies under American jurisdiction
and provides for fines for Americans
VINO enlist themselves or procure the
enlistment of others. The second ex-
tends American Jurisdiction in regard
specifically to territory where extra
territorial treaties carry with them
American laws.
In the absence of any formal ex
PLANTATION. the situation to be pointed
out to the American flyers appears
on the face of the statutes to be that
while there may have been no pro-
vision of law which would have oper-
ated to prevent their enlistment in
france or elsewhere outside of Amer
lean Jurisdiction, American law pre-
sumably does apply to Morocco, where
extraterritorial treaties provide the
basis OF American legal jurisdiction.
AS TO any of the group who went from
the United States for the specific pur-
pose of enlisting, apparently the law
providing for fine does apply with
out regard to where service was to be
rendered.
Further Action Delayed.
Whatever purpose the Government
may have in calling these statutes to
the attention of the flyers, it has not
yet taken any steps whatever to 20
beyond that gesture. Consul General
Blake was told merely that 1t might
be well to lay the text ofNthe two sec
tions before them, and there is moth
ing to indicate that the State Depart
ment has even set it's own legal ex-
perts to work to determine what
further might be done In some Off
cial quarters doubt was expressed that
legal action could be brought against
all the airmen, If against any, In view
OF all the circumstances.
The department has not disclosed
what prompted it to take up the mat
ter. 1t is assumed, however, that pro-
tests from American citizens have
been received raising the question as
to whether there was legal ground
for action to curb the American flyers
activities. That served to disclose the
old statutes to which attention has
been called.