Evening star., 1938-12-11


into a general European war.
1T is clear that our neutrality law
with respect to the embargo of arms
- has no application to the present
situation. since that applies only in the
event of war between or among ma
tions. This Government, will, Of
course, scrupulously refrain from any
interference whatsoever in the un-
fortunate Spanish situation.
1--WE believe that American citizens,
both at home and abroad, are patrioti-
cally observing this well-recognized
American policy"
About the same time, the State De-
partment informed an aircraft manu-
facturer who inquired about the sale of
planes to Spanish faction that ut
seems reasonable to assume that the
sale of airplanes, regarding which you
inquire, would not follow the spirit of
the Governments policy"
One Shipment Escaped.
Despite the lack of legislation, most
munitions and airplane manufacturers
respected the Governments attitude.
According to the National Munitions
Control Board, only one shipment, in
Guiding eight secondhand airplanes and
an engine, actually reached Spain di-
rectly from this country before all ship
ments were banned by Congress on
January 8, 1887. This shipment just
slipped under the wire" before passage
of the resolution.
Even since enactment of the resolu-
ton, however, it is probable, the board
admits, that some arms shipments may
have reached Spain from America by
indirect routing through third countries.
indirect routing through third countries,
which agents of the Spanish factions
have used mostly as bases for trans
shipment, have co-operated with WASH
ington in attempting to prevent circum-
locutions of our ban on munitions for
Spain.
Two cases of attempted deception of
American licensing authorities recently
were revealed by the State Department.
In one instance an exporter attempted
to obtain licenses for the shipment of %
Bellanca planes to Greece. State De-
partment inquiries in Greece, however,
revealed that the aircraft really was
intended for trans -shimpeit to Spain and
no licenses were issued
In the second case so Gruman planes
we're ordered from Canadian company
| by an agent of the Spanish government
in Paris. Supposedly they were for the
| Turkish government. Upon investiga-
tion the National Munitions Control
Board found that Turkey had ordered
| no planes and that the documents pre-
sented for the licenses were forgeries.
Licenses were revoked, but not before
engines and parts for 40 planes had been
shipped from the United States to Can
ada and from there to Spain.
Resists Favoritism Pressure.
Repeatedly pressure has been brought
upon the administration and upon Con-
gress to repeal the ban on munitions to
the Loyalist government on the grounds
| that it is the legal government of Spain,
engaged in suppressing an insurrection.
However, Washington has stood by its
original decision not to aid either side
in Spain.
Japan's invasion of China, starting in
the summer of 1887 raised an even more
delicate problem for the administration.
Officially, no "state of war" exists be-
tween the two governments. Yet, from
any rational viewpoint, they are at war.
Under the revised act of May l, 1897,
full responsibility was placed upon the
President to decide when and where
arms embargoes should be applied It
becomes effective only when he shall
publicly announce that "state of war;
exists between two nations. Neither
China nor Japan has declared war.
Should President Roosevelt take the re-
sponsibility of formalizing and legaliz-
ing "state of war" when the two COM
batants had not done so?
Legalists may make a good case on
| either side of the question as to whether
Mr.. Roosevelt should have placed an
arms embargo in effect in the Far East
But pragmatically viewing the results of
proclamation of war, he has decided
that it is wiser not to issue one.
| JoP0A vvOulu DC OdllCTs
There were several reasons for this:
First, if America should declare that a
state of war" exists, Japan might read
lily agree, for it would obtain definite
advantages by doing so. Under interna-
tional law it could then blockade Chinese
ports with impunity and sink neutral
ships which endeavored to break the
blockade. It would cease to be financially
! responsible for destruction of neutral
property In China. AS American SYM
| pathy is frankly with China, the ad-
ministration did not wish to take any
step which would aid Japan.
Also-though this never has been ad-
mitted of1cially-the administration has
been fearful that an embargo on arms
shipments to China might lead to seri-
Gus anti-American riots among the Chi
nese with loss of life and destruction of
American mission and commercial prop
erty. The days of the Boxer Rebellion
have not been forgotten.
The only official step which the United
States has taken to restrict the ship
ment of arms to the Far East has been
to forbid their transportation in vessels
owned by the United States Government
and to declare that other merchantmen
carrying arms and munitions to the
| uo rripu Oriorto1S "d0 S0 of thoir nun