The Waterbury Democrat., 1941-02-19


 words, the neutrality act has worked.
 Right now, there are only two cases which the criminal division of the Department of Justice has on record for violation of the act. They're interesting cases, too, in that they show how ,trivial incl dents have been given careful check up to prevent complications.
 First is the case of Capt. Hector Leon Marie Vanderdonck, Belgian by birth, skipper of the good ship Vile De Namur, formerly U. s. merchantmen but transferred to Belgian registry early in the war. Captain Vanderdonck became a United States citizen back in 1920 but, being a sailor, he never lived in the United States much and, &C., cording to his own testimony, he thought that his American cit1- zenship had lapsed. So, last June his vessel loaded with war supplies, he sailed her out of New York har- Dor under the Belgian flag for Havre, France. He got his ship through the blockade safely, unloaded, and was back in the United States in July.
 The case came to the attention of the Department of Justice, and 1t began an investigation. Tn January, Vanderdonck was indicted and is awaiting trial in New York. When he will be tried is a question. The principal witness in the case was also a seafaring man, and right now he's on his way to Australia and doesn't know whe nhell be back. PENALTIES
 PLENTY STIFF
 Second case on the D. J. list is that of an engineer with the round Irish name of Frank McElherron who shipped out of Savannah, Ga., last July on the Greek vessel Nicolau Virginia. An international miXup of names like that would seem certain to get into trouble, and MsElherron got it. Out of port, the master changed his course and took the vessel through the combat zone. It was reported, and McElherron, being the only American citizen in the crew, was brought to trial in Phila- delphia. Since it wasn't the engi- neer's fault, however, the court let him off with one-day sentence and then suspended the sentence.
 Principal reason there have been no more important cases than these is that penalties for violation of the neutrality act are rather steep $5O,OOO or five years in prison for 8 ship owner or master who takes vessel into the combat zone, $10,000 or two years in prison for individuals who get into it.
 When the act was first passed, there were a number of cases of mariners caught in midocean, out ward bound. With no newspapers available to tell them they could not do that, they went into the com- bat zone. Once out, back home, and with the law explained, there were no further violations and no prose- cutions.
 But new cases which may event. ually cause trouble are those of the pilots ferrying combat planes from the United States to England. Two routes have been followed, the northern by way of Newfoundland, and the southern by way of Bermu- da and thence nonstop to England. D. J. UNDECIDED
 ABOUT PILOTS
 Special passports permitting travel in combat zones can be issued of course by the State Department un- der the neutrality act. Willkie got one, newspaper foreign correspond ents get them, and business men with sufficient reason for travel abroad.
 If a pilot ferrying plane to England is shot down on the way, it's his neck that is broken and per- haps no one can be prosecuted for that. Pilots flying from Canada to England can't be touched, if the U. s. government doesn't know about It officially. Pilots might be given spec ially validated passports, but It would take a court to rule II that was winking at the neutrality act.
 Department fo Justice hasn't de- cided yet whether it would prose- cute. Whether flying @ plane over a combat zone constitutes conveying in the same sense that running a destroyer through combat zone would be, is one of those nice queS- tions lawyers like to argue.
 The whole situation does show that slowly but surely, we're drift ing a little closer, day by day, to participation in trouble. How pub lie opinion would react if one Of those ferrying pilots were shot down and captured is something you'll have to decide for yourself.