Evening star., 1941-09-29
Neutrality Act
Only Slightly Altered
Writer Argues That Bon
On Cosh-und- Cory Law
Hos Been Only Major Change
Bu Bertrdnt Benedict.

By Bertram Benedict.
The administration is sending up trial
balloons on repeating, or at least amend
ing, the Neutrality Act of 1899. Many
persons both in and out of Washington
seem to be saying: "Shucks, we've whit
tied away so much of it, why not let all
of it 60 by the board?"
The cold fact, however, is that most Of
the main prohibitions Of the Neutrality
Act still stand as enacted. These are:
American vessels may not carry pas
Sengers or cargo to any belligerent No
into combat area. American merchant
vessels trading with any foreign state
may not be armed"
Another prohibition concerning the
war is contained, not in the 1889 Neu-
trality Act, but in the 1910 Draft Act
and National Guard Act. This is the
prohibition against sending selectees,
National Guardsmen and the Reserve
personnel outside the Western tHemis-
phere Except to possessions of the
United States.
The one central provision of the 1889
Neutrality Act which so far has been
expressly nullified is this one: mo goods
might leave the United States for any
belligerent except Sh-and-carry-tha
is, they had to be fully paid for and had
to be carried in foreign vessels"
Connected with the above prohibition
is the one which forbids belligerents to
float loans in the United States or to
get credit in the United States for pur-
chases. On paper, this prohibition still
stands, but in actuality it is of no
effect.
That is because the Lease-Lend Act of
1910 allows war supplies or other goods
(including vessels) to be sold or lent by
the United States Government to any
nation whose defense the President
deems necessary to the defense of the
United States. With this agreement,
Great Britain does not need to float
loans or get private credits in the United
States.
Another prohibition which the Lease
Lend Act removed was to be found, not
in legislation of 1899 or 1910, but in the
6dTllcI UCulIduty SIdlutCS Va VIC SAi-eNN
States and in international law. This
required the interning of belligerent
warships if they remained in the United
States ports more than 48 hours. The
Lease-Lend Act authorizes the repair
and outftting in the United States OF
vessels of belligerents whose defense the
President deems necessary to the oe-
fo,eo ~ tho ITpited States
To some of the above prohibitions of
the Neutrality Act exceptions were
made in the act itself. For instance,
American vessels were allowed to trade
with Canada under any circumstances.
Also. goods other than such direct war
supplies as arms and munitions might go
| in American ships to a belhgerent
| through any port in the South Atlantic,
| the Pacific Ocean or the Indian Ocean.
The Robin Moor, torpedoed in the South
| Atlantic, was carrying indirect war sup
| plies to Africa.
Other restrictions contained in the
Neutrality Act are not fat prohibitions,
| but depend upon the decision OF the
President. For instance, it is left to the
President talso to Congress- to proclaim
what states are belligerents.
Now, Japan, China and Russia are
| certainly belligerents. But the President
| has not so proclaimed them In other
words, whatever may have been origi-
| nally the intent Of the Neutrality Act,
American vessels may legally carry direct
as well as indirect war supplies TO Rus
| sia and China. (Supplies to Japan have
been cut of by presidential action in
restricting exports and in freezing Japa-
nese credits in the United States)
To those who criticize the President
| for thus allowing at least the original
| spirit of the Neutrality Act to be vio-
lated, his defenders point out that Con-
| gress also has the right to proclaim any
state a belligerent. And Congress has
failed to do so in the case of Japan. Rus
sia and China. Therefore, say the
Presidents defenders, he is acting as
| Congress wishes him to act and, there
fore, everything is as it should be.
The President has not proclaimed that
the British Empire is at war, only the
United Kingdom. Canada, South Africa,
| Australia, New Zealand and India Ac-
cording to Attorney General Biddle the
United Kingdom comprises England,
Scotland, Wales and Northern Ireland.
Hence the United States does not con-
slider that British possessions and COL
onies (other than Inda) are at war,
even though the British government so
regards them.
Also, it is left to the President to pro-
claim what is and what isn't a war zone
He has proclaimed one In the waters
around the British Isles and also in the
Mediterranean. The European war zone
does not include Iceland. A war zone
was proclaimed in the Red Sea, but the
| proclamation was subsequently rescinded
Many persons think that the Neutrality
Act forbids also American citizens to
such travel which ultimately embroiled
the United States In war with Germany
in 1917, after Germany had torpedoed
| British vessels on which Americans were
sailing, without making due provision
for their safety.
But the prohibition in the Neutrality
Act on this subject is not fiat, but is
left with the President That is, Amer
ican citizens are forbidden to travel on
vessels of belligerents except under such
regulations and with such exceptions as
the President may proclaim. So far the
President has made exceptions for Amer
leans who are refugees returning from