Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-26

There is an English expression which
was born before the United States had
uttered it's Declaration of Independ-
ence: 1.-The glorious uncertainty of the
law"
That may be the basis of prosperity
of a certain class of hard workers,
called lawyers-from ambulance chasers
to diplomats-but it has been also the
basis of wars and rumors Of wars,
from time irnmemorial.
II it we're not for the ludicrous dis
parity of size and strength-to say
nothing of the multilateral treaty-"the
glorious uncertainty" of international
law might now be leading to war be-
tween the land of twins and the land
of dry "Shylocks" over the recent cap
ture, arrest and restraint of a lorry of
contraband drink, destined for the
Siam legation, which was halted be-
sween Baltimore and Washington.
What a picture is suggested by that
alleged invasion of the diplomatic i'm
munity of Siam! "Oh, East Is East, /"
etc, but when it met with an "efti-
Gent" Occidental policeman. all the
prophecy of Kipling went a-glimmering
Does not every constable know that the
King and Ministers Plenipotentiary and
ENJOYS extraordinary can do no wrong,
in the face of the Volstead and Jones
acts? What would be the outcome in
diplomacy IL now the Minister from
Siam were to receive the Jones penalty
in spite of his immunity!
* X y
First. of course, the policeman who
arrested the driver of truckload OF
intoxicating liquor must be hung and
quartered, for ignorance OF diplomatic
identity excuses no man. Where was
his natural instinct which should diff
ferentiate between Yankee citizens and
"furrinerS" who are above the law?
A fictional attorney for Siam ad-
dresses the law:
May it please the court, would call
YOUR honor's attention to the estab-
lished rule of international law, as laid
down by Moore, volume ~. page 634:
Ignorance of the official character
of a person entitled to diplomatic I'M
munity does not excuse an officer VINO
violates such immunitieS by arreStlng
the person possessing them
your honor will easily recognize the
reasonableness of such law, in this
age when clairvoyantS cut such a figure
in police doings. Any officer who Is not
able to spot a diplomat in the colored
gentleman who drives lorry is f1t for
treasons. stratagems and spells.
Furthermore mean Moore, with
out intending a vile pun-the principle
is expanded as follows:
1.-The statutes of the United States
provide severe punishment for all such
violations Of diplomatic immunitles OF
the representatives of foreign states;
and the courts of the United states,
acting in harmony with the principles
of public law, as recognized by the
Government. have, in more than one
instance, held that the law does not
make knowledge an ingredient In an
offense against diplomatic immunity"
So argues the learned counsel.
The argument Of the eloquent ficti-
tious counsel to the effect that law does
not assume the existence of knowledge
Is supererogatory. For has 1t not been
demonstrated and proved to unnum-
bered juries beyond a reasonable doubt?
That is "the glorious uncertainty OF
law?" If the law were certain and
plain, why lawyers?
Let the counsel proceed:
your Honor viii bear with me
"Object. Your Honor.
Objection overruled. Proceed, Coun-
sci.
Your Honor will bear with me in
citing a precedent which eliminates
this contention that where ignorance is
legal, it's rank folly to be knowledgeful,
even for a policeman. In July, 1892, an
attache of the Swiss legation in Wash
ington was arrested at Bay Ridge. Md,
on the verbal complaint of a woman
who had lost her pocketbook and
suspected this stranger OF having taken
it-not knowing the difference between
a diplomat and-that kind of a fellow.
"The efficient deputy locked up his
prisoner and refused to transmit tele-
gram to the Department of State seek
ing identification and release. The
deputy searched the pockets Of the
diplomat and heaped obloquy, or some
thing, all over him.
apologized to Switzerland, and then the
Governor of Maryland apologized to
Switzerland and fred that ignorant
deputy.
"What could be a closer precedent
than that, for our humble amends to
glorious Siam? We may see double, II
that cargo ever gets abroad over the
land, but seeing double Siamese may
be only a revival of the famous twins.
again going to and fro on the earth
like the devil once did"
(P. S.-The lady found her pocket
book In her handbag, so not even o
diplomat had stolen 1t. poor thingD
But. by apology. the Swiss navy was pre-,
vented from bombarding the Capital
and burning the White House, as once
did another little nation. to which we
had failed to apologize. We must choose
between plenty of apologies and naval
preparedness. Ten cruisers? thousand.
rather than ten apologies! Millions for
defense, but not one bottle for apologies!
putting the question. that Is full OF