Evening star., 1939-09-08

ternational law
insofar as de- DAVID Lawrence.
mands for damages are concerned
or the inclination of the Federal
Government to make protests to
belligerent powers.
American citizens thus are pro-
hibited under existing law from
travelling on belligerent ships 80
days after the existence of a state
of war has been proclaimed among
foreign states, but should an Amer
lean citizens life be lost, his family
could make a claim for damages
against foreign government, and
the Department of State would sup
port the claim.
In the case of the Athena a
British ship, the exact details of
what damage was inflicted on Amer
lean citizens have not been officially
reported, but families of the in
jured or drowned have a right to
insist that the American Govern
ment take the matter up and secure
reparation from the German gov
ernment.
With respect to cargoeS OF Amer
lean goods shipped on belligerent
vessels. the United States Govern
ment does not give up the right to
protest against torpedoing of mer-
chant ships carrying non-contra-
band exports from the United States
to any foreign countries.
Makes Task Easier.
The existence of domestic statutes
makes easier the task of the Ma
tional Government, in that it can
be assumed by the people generally
chat America will not 60 to war on
account of loss of lives of Americans
travelling on belligerent ships or on
account of destruction of cargoes.
But in the last European war, the
United States set forth the doc
trines and principles interpreting
historic precedents of international
law, and claims were entered against
foreign governments for losses sus-
tained by American citizens.
There is no doubt that the Amer
lean protests are considerably weak
ened, internationally speaking, by
the formal laws and regulations gov
erning the export of war supplies or
travel. but the rights of neutrals
are what the neutrals assert them
to be in intercourse with foreign
governments and are not abridged
by domestic police regulations.
There is, of course, a broader
ground for protesting against the
destruction of the steamer Athena
by German submarine, and that's
the humanitarian side. American
citizens were homeWard bound and
the vessel was not, therefore, carry
ing contraband to any belligerent
country. All torpedoing done with
out warning was protested vehe-
mently by the American Govern
ment in the last war and there has
not been anything said by the United
States since to indicate that warn
ings about not travelling on the high
seas in foreign ships diminishes the
interest or concern of this Govern
ment with reference to the slaughter
Of innocent lives.
Would Protect Rights.
When Congress comes back into
special session, which is expected
to be shortly, there may be resolu-
ton adopted instructing the Depart
ment of State not to forfeit any
rights hitherto asserted by neutrals
or to give up any claims for dam
age recognized by international law,
Notwithstanding the application of
neutrality laws to the activities of
American citizens at home or on
the high seas.
Delay in calling the extra session
seems to be related to a desire to
get some kind of an agreement in
advance as to what may be taken
up. If Congress is to come back and
refuse to do anything about amend
Ing the existing neutrality law, there
would be no point in Mr.. Roosevelt's S
asking the members to return here
In advance of the regular January
date for meeting.
Senator McNary, Republican lead
er, has indicated in an interview
tiioe Nool0 llhC W oCC tSS
consider amendments to the neu-
trality law and then go back home.
There is no doubt that substantial
majority existed for revision of the
neutrality statutes at the last ses-
sion and only the threatened fill
buster prevented action.
With the outbreak of the war in
Europe, there will be many Senators
and Representatives who will insist
on doing nothing about revision on
the ground that it might mean a
possible involvement for America,
whereas, others in Congress will take
the view that failure to revise will |
mean, as does the existing law
already, that Germany will have an
over Great Britain and
France with respect to a source of
supply. There seems no way to
avoid some action or inaction by
Congress which will be construed
rs in some way related to the issue
of the war abroad.
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