Evening star., 1936-02-02
Continued From Third Page, }

1LS own procedure, ana, OF course, may
use only small portion Of this time,
but, on the other hand, it may ex-
liaust the full year if it deems it
necessary. Meanwhile the two parties
are estopped from opening "hostil1-
ties" The two governments reserve
"the right to act independently on
the subject matter of the dispute after
the commission shall have presented
its report" But this is only after
the report Is rendered, and 1t goes
almost without the saying that no
self respecting nation will act counter
to the findings of the commission
then.
But how could this treaty and its
international commission be invoked
in the present situation? Suppose the
United States exports pressure upon
American shipping companies indebted
to the Federal Government as it was
reported in the press on November %,
1885, impliedly threatening that acean
carriers engaged in carrying certain
raw materials to Italy (and Ethiopia)
might have difficulties in future finan-
cial arrangements with the Govern
ment, and that Italy objects to this
as an unneutral act directed prima-
rily at her. since Ethiopia can secure
these materials from other sources
closed to Italy by the sanctionist ac-
tions of the League of Nations. Sup
pose Italy claims that the action just
mentioned or the action. proposed by
Secretary Hull week earlier, when
he declared that trade with Italy Cor
Ethiopia) in such commodities as oil,
copper. trucks, tractors, scrap iron
and scrap steel lis directly contrary
to the policy of this Government =
as it Is also contrary to the general
spirit of the recent neutrality act'-
suppose Italy should claim that such
trade prohibitions contravened the
treaty of commerce and navigation
between Italy and the United States,
signed at Florence, September 26, 1871,
and still in force. Either of these
questions might result in controver-
sizes which could properly be SUBJ
mitted to the International Commits
sion created by the treaty of 1914.
And-what is more to the point-while
the commission would be considering
the validity of 1taly's claim, the United
States would be obliged by treaty to
refrain from hostile acts.
Legal Grounds Numerous.
upon what legal grounds could Italy
base such claim in the cases lust
mentioned? The treaty of 1871 pro-
VldeS (article - that there shall be
between the territories of the high
contracting parties reciprocal liberty
OF commerce and navigation" and that
Italian citizens in the United States
ana citizens of the United States in
Italy, shall mutually have liberty to
enter with their ships and cargoes all
Inc ports of the United States and of
!taly, respectively, which may be open
TO foreign commerce.
IL proVldes, moreover (article ~,
tnat the citizens of neither country
shall be liable in the territory of the
other to any embargo, nor shall thev
oe detained with their vessels. cargoes.
merchandise or effects" for any pub
NC or private purpose whatsoever"
without lndemnification, previously
agreed upon when possible. Not only
tnis' nut the two nations agree (ar-
tlcle % that whatsoever kind of prod.
uce, manufactures or merchandise Of
any foreign country can be from time
10 Time lawfully imported into ItaIv
IN Its own vessels, NAV be also i'm.
pol.eu III vessels OF the United States
and they further agree that
WhateVer may be lawfully exported
ana re-exported from one country in
!1s own vessels, to any foreign country
Mdy IN the same manner be exported
ana re-exported in the vessels of the
other country y"
ms is strong language indeed and
4uiee comprehensive, but the parties
diSo agree (Article 13l that in case a
esaee OF war exists between one of
them (read "Italy') and a third mower
Veao 'Ethlopia"o, this shall not ex-
cept IN the cases of blockade and con-
traband of war, affect the ne,,tro,
Iulilhierce OF the other" (read "the
Unl1ed States). Moreover (Article
1o)' The liberty of navigation and
commerce secured to neutrals bv tho
stlpulatlons of this treaty shall extend
10 all Kinds of merchandise. excentino
tnose only which are distinguished bv
tne name of contraband of war" Ana
What was included under the term
contraband of war;? The treatu
makes this quite clear. "And in order
10 remove all causes of doubt and mis-
understanding upon this subject the
contracting parties expressly agree and
declare that the following articles and
uo otners, Shall be considered under |
..i.e denomination" Their follow four
categorles: /. Cannon and other arms |
ana their ammunition and all other |
tnlngs expressly manufactured for
Ine use OF these arms. 2 Infantrv
oeits' implements of war and defensive |
weapons, and clothes for military |
use; 8. Cavalry belts, war saddles ana
holsters; 4. And generally all kinds
OF arms and instruments of iron steel |
ofass ana "copper" or of any other ma
eerlaS manufactured, prepared and
formed expressly to make war by sea
Or land" ~ 00"
Consulted U. S. in 1915.
VI course, there has been much
advancement in the manufacture of
arms and ammunition for war mr.
poses since 1871. The World War
showed tnat there is probably no sec
tlon OF the international law of war
"a Such an unsatisfactory state as that
OF contraband of war" And vet
"nen the Italian government was nre'
parlng its list of contraband durino
the World War, it remembered th;s
treaty OF 1871 and its obligations
hereunder and refrained from adding
10 tnlS mentioned above without con.
sulting the United States. On Nav
a. 1918, the Italian Embassy in WASH
mgton notified the Department of
state OF the United States that the
nst which it was preparing would "in-
ciude goods not enumerated in the list
OF contraband Of war contained in
Article Is" OF the treaty of 1871, be-