Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-12-22

ana any COMPANY "lllSi uoeoiA
play ball with the Government Is
likely to find itself without orders,
especially in competitive situations.
But since there is no legal foun-
dalton for the banning OF exports TO
two countries which do not nave
the technical status of belligerents
and thus are not subject to Ameri-
can neutrality laws, the question is
being asked why Russia and Japan
are not classed as belligerents by
formal proclamation, thus ending any
legal complications. The answer is
that to classify Japan as belliger-
ent would mean that China would
have to be so treated also and that
to classify Russia as belligerent
would mean that American aid IN
the form of exports to Finland
would become illegal too.
Precisely this kind Of development
was foreseen by President Roose-
welt last spring and summer when
he insisted that the embargo power
should be discretionary with the
Chief Executive and that he ought
to be permitted to apply it against
any nation as circumstances may
require. Congress, on the other
hand, felt that this was too great
power to delegate.
Whose Responsibility?
Now. however, the President Is
accomplishing the same purpose by
persuading American producers OF
war supplies to take voluntary &C
ton, and a request from the Gov
eminent here becomes tantamount
to a command. At the moment
public opinion in the United States
would seem to favor Finland as
against Russia and China as against
Japan. But the precedent of vesting
In the Executive the power to make
such decisions, especially when rela-
lions are involved with powers which
might resent the action, is one that
is beginning to arouse considerable
interest Should such distinctions
as between belligerents be presi-
dental or congressional response
bility? The war between Japan and
China is one of the most terrible in
all history. The war between Fin
land and Russia is no phoney affair.
Under international law. Russia,
Japan, China and Finland are
plainly in the belligerent class. and
If they are, then the neutrality laws
recently passed by Congress mean
that all four countries must be per-
mitted to buy in the United States
and come and get their supplies.
Russia. Japan and Finland could
probably obtain shipping facilities
to carry their goods from American
shores. China would not be able
to do so.
The concern of the United States
for China is traditional, but at the
moment America is trying also to
exert pressure on the Toxic gov
eminent to secure respect for the
rights of American citizens in terri
tories now claimed by Japan IN
China proper. There is reason to
believe that the Japanese them
selves are divided on the subject Of
future relations with the United
States, one faction-the civilian
group in the government-favoring
an ending of the war in China and
a new treaty of trade and COM
merce with the United States to
substitute for the one recently abro-
gated, and on the other faction, con-
sisting of militarists, insisting that
relations with Germany be main
tanned and the war In China con-
tinued. irrespective of American
protestations.
Time Ripe for Action.
When Congress reconvenes it
seems certain that Japanese-Amer-
lean relations will be reviewed.
Strictly speaking, the time is ripe
either to legalize the embargo or to
indicate clearly that no embargo
should be applied, depending on how
Congress views the problem of new
treaty with Japan. Moral embargoes
have been resorted to largely be-
cause Congress has not been in
session since the situation became
acute. But with both houses of Con-
gress here in another fortnight the