Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-15
BY BLAIR BOLLES.


preparing diplomatic action in the
Robin Moor affair, has what the
American Government of the Will
son administration lacked-the basis
for strong public backing of the
firmest representations to Germany
in protest against the re-emergence
of the submarine as threat to
American neutral shipping. A clear
legal ground for protest exists today
that was absent in 1915 and its eX-
istence strengthens the Roosevelt
administration at home in the for
mutation of its policy on the Uboat.
Without this clear legal basis, the
Wilson administration moved slowly
In the submarine matter. 1t had
to feel its way.
The State Department of 1941 can
point to a plain treaty violation in
the Robin Moor case American dis
approval of vigorous diplomatic
course by Washington is Debated in
advance by the fact that Germany
in sending a torpedo into the Robin
Moor sent torpedo also into the
Vi UllC AOlluOlI naval VII
ference. The issue here is that
nation has repudiated its word. 1t
Is not new issue in connection with
Germany, but 1t is new issue in
connection with U-boats
Value Chiefly Domestic.
This clear legal basis for protest
probably will have small influence
in coping with the submarine ques-
ton, but its value is domestic, not
foreign. 1t may not make Germany
rue the Robin Moor sinking, but
the treaty violation has great value
as a unifier of opinion behind
strong American stand.
The question of U-boats and pub
lie opinion at home created prob
lem in 1915. Secretary of State
Bryan resigned in protest at the
vigor of the Governments projected
second note to Germany in regard
to the Lusitania sinking. His views
were held by many others In the
country.
On November %. 1886, Germany
the Germany of the NaZi Third
Reich. with Adolf Hitler, then as
now. chancellor-signedt the London
protocol. The Italy of II Duce also
is an adherent of the treaty.
Article Nv Specific.
Acting Secretary of State Welles
accused Germany of violating this
treaty in connection with the Robin
Moor. Article w says:
A warship, whether a
surface vessel or a submarine, may
not sink or render incapable of
navigation a merchant vessel with
out having first placed passengers.
crew and ships papers in place OF
safety. For this purpose the ships
boats are not regarded as a place
of safety unless the safety of the
passengers and crew is assured, in
the existing sea and weather con-
ditions, by the proximity of land,
or the presence of another vessel
which is in a position to take them
on board"
The passengers and crew of the
Robin Moor, they say, were set down
in the open sea in the ships boats
in no proximity to land.
The existence of this treaty does
away with all the incidental argu-
ments that ragged concerning the
use of the U-boat in the last war
chiefly whether contraband was on
board.
Parallel Develops.
old cfnrrr
old that the great nations of the
world thought, or pretended they
thought, that its problem was solved
by the London protocol. The sink
ing of the Robin Moor makes it
plain that U-boat warfare today Is
ago. Germany today is in one way
where Germany was Is years ago
blockaded on the surface of the
sea and hemmed within a continent.
The submarine helps overcome these
grave menaces to the aspirations of
the blockaded country.
Twenty-six years, one month and
two days ago the American Gov
eminent dispatched it's first protest
to Germany condemning the
U-boats' warfare against neutral
American shipping. The note of
May Is, 1915, signed by Secretary
of State Bryan a few days before
he resigned, marked the way for
a long series of notes on the same
subject which in time fashioned
a path to formal war for the United
States. Now the issue is with us
again.
In that previous era appeal
against the sub could be made only
to the generalities of international
law. There was then no specific
international attitude, legally glazed
over, toward the undersea boat.
Even at the postwar washington
Arms Conference, in 1921 and 1922,
the delegates hesitated to introduce
doctrines concerning submarines
into the accepted body Of interna-
tional law.
Bryan Revealed Unsureness.
Mr.. BRYAN wrote a note that
lacked real stiffness. He was pro-
testing the sinking of the British
ship Lusitania, with Americans
aboard; the sinking of the British
ship Falada, with Americans aboard,
and the sinking of the American
ship Gulflight, all by submarines,
and the airplane attack on the
American ship Gushing.
Mr.. Bryan was treading on new
ground and he trod unsurely.
Among other things, he wrote:
" 1t is clearly wise and
desirable that the Government of
the United States and the imperial
government of Germany should
come to a clear and full understand