: 1
J
i
I
1
BRITAIN HOLDS IIS
POLICY JUSTIFIED
American Protest Declared
Untenable in Law or Inter
national Equity.
I CIVIL WAR CASES CITED
fnlted i-Utee, Saj Sir Edward
i 1 Grey, Then Developed, Applied
i and Enforced Doctrine of
t
tlnooaa Toyase,
front Inned TTem Wrt r.
pies of blockade to the peculiar cir
cumstances with which we are con
fronted."
"I need scarcely dwell," wrote Sir
Edward, "on the obligations incum
bent upon the allies to take every step
in their power to overcome their com
mon enemy, in view of the shocking
violation of the recognized rules and
principles of civilized warfare of which
he has been guilty during the present
struggle."
Foe Accused of Atrocities.
Sir Edward then refers to atrocities
In Belgium, poisoning of wells in
n.rmn Southwest Africa, use of
poisonous gases against the allied
troops in Flanders and finally the
sinking of the Lusitania, to show
"how indispensable it is that we should
leave unused no justifiable method of
defending ourselves."
Coming down to the question of the
allied blockade of neutral ports the
note continues:
"In the various notes which I have
received from Your Excellency, the
right of a belligerent to establish a
blcckade of the enemy ports is ad
mitted, a right which has obviously noJ
value save insofar as it gives power
to a belligerent to cut off the sea
borne ports and imports of his enemy.
-The contention which I understand
the United States Government now put
forward 1 that if a belligerent U eo
circumstanced that hla commerce can
pass through adjacent neutral ports as
easily as through porta In his own ter
ritory his opponent has no right to in
terfere and must restrict his measures
of blockade In such a manner as to
leave avenues of commerce still open
to his adversary. This Is a contention
which His Majesty's government feet
unable to accept and which seems to
them unsustainable either In point of
law or upon principles of International
equity.
Kaadasacatal Ylolatlea Admitted.
-They are unable to admit that a
belligerent violates any fundamental
principle of International law by ap
plying a blockade In such a way as to
cut off the enemy's commerce with
foreign countries through neutral porta.
If the circumstances render such an ap
plication of the principles of blockade
the only means of making it effective.
The Government of the United States,
indeed. Intimates Its readiness to take
Into account 'the great changes which
have occurred In the conditions and
means of naval warfare since the rules
hitherto governing legal blockade
were formulated.' and recognises
that the form of close block
ade with Its cordon of ships In
the Immediate offing of the blockaded
ports is no longer practicable In the
face of aa enemy possessing; the meana
and opportunity to make an effective
defense by the use of submarines, mines
and aircraft.
"The only question, then, which can
arise. In regard to the measures re
sorted to for the purpose of carrying
out a blockade upon these extended
lines Is. whether, to use Your Excel
lency's words, they "conform to the
spirit and princlplea of the essence of
the rules of war.' and we shall be con
tent to apply this test to the action
which we have taken. Insofar aa It haa
necessitated Interference with neutral
commerce.
CI II War Precedent Cited.
Etr Edward Grey then refers to the
American Or 11 War blockade of 3000
miles of coast with a small number of
vessels and recalls how the United
States finally took recourse to block
ading "neighboring neutral territory
whKh afforded convenient center from
which contraband could be Introduced
Into Confederate territory and from
which blockade running could be facil
itated." "Your Excellency will no doubt re
member." writes Sir Edward, "how. In.
order to meet thia new difficulty, the
old principles relating to contraband
and blockade mere developed and
the doctrine of continuous voyage
was applied and enforced, under which
goods destined for the enemy terri
tory were Intercepted before they
reached the neutral porta from which
they were to be re-exported.
"The dlfBcultles which Imposed upon
the United States the necessity of re
shaping some of the old rule are some
what akin to those with which the
allies are now faced In dealing with
the trade of their enemy. Adjacent to
Germany are various neutral countries
which afford her convenient opportu
nities for carrying on her trade with
foreign countries. Her own territories
are covered by a network of railways
and waterways which enable her com
merce to pass aa conveniently through
porta la such neutral countries aa
through her own. A blockade limited
to enemy porta would leave open routes
by which every kind of German com
merce could pass almost as easily as
through the ports In her own territory.
Retterdaaa la Uerssaa Oetlet.
"Rotterdam Is. Indeed, the nearest
outlet for some of the Industrial dis
tricts of Germany. It seems, accord
ingly, that If It be recognised that a
blockade is In certain casea the appro
priate method of Intercepting the trade
of an enemy country, and If the block
ade can only become effective by ex
tending it to enemy commerce paasing
through neutral" ports, such an exten
sion la defensible and in accordance
with princlplea which have met with
general acceptance.
The note then refers to the case of
the British ship Springbok, seised by
United Statea cruisers in the Civil War
while bound for the British West
Indies, because her cargo, tt was
charged, was to be transshipped to
the Confederate States. The Supreme
Court of the United Statea sustained the
seizure against the condemnation of a
group ot prominent International law
yers, although the United Statea and
British governments took the broader
view and recognised the development of
the older method of blockade. No
pretest was made by Great Britain.
"What Is realty Important. In the
general Interest." says the note. "Is that
adaptations of the old rules ahould not
b-e made unless they are consistent with
the general principle upon which an
a dun led belligerent right la baaed. It
Is also essential that all unnecessary
Injury to neutrals should be avoided.
frlBtla Carefully Observed.
-With these conditions It may be
safely affirmed the steps we are taking
to intercept commodities on their way
to and from Germany fully comply. We
are Interfering with no goods with which
we should not be entitled to Interfere
by blockade if the geographical posi
tion and the conditions of Germany at
present were such that her commerce
pasaed through her own porta. We are
taking the utmost possible care not to
interfere with commerce genuinely
destined for or proceeding from neutral
countries. Furthermore, we have tem
pered the severity with which our
measures might press upon neutrals by
not applying the rule which was in
variable in the old form of blockade
that ships and goods on their way to or
from the blockaded area are liable to
condemnation.
The note then reviews at some
length the various forma In which
blockades have been maintained, to
show there has been no uniformity of
practice in essential points, and de
clares: "The one principle which Is funda
mental and has obtained universal
recognition la that by means of
blockade a belligerent is entitled to
cut off by effective means the sea
born commerce ot his enemy."
UaUtatloa Net Reeegalsed.
Consequently, Sir Edward argues. It
Is Impossible to maintain that the right
of a belligerent to intercept the com
merce of his enemy can be limited in
the way suggested in the American
notea on the subject.
There are many cases," he says.
"In which proofs that the goods were
enemy property would afford strong
evidence that they were of enemy
origin or enemy destination, and It is
only in such cases that we are detain
lng them. Where proof of enemy own
erahlo would afford no evidence ot
such origin or destination we are not
in practice of detaining the gooa.
Sir Edward's not closes with the oh'
serration that figures of recent
months show that the Increased op
portuniUea afforded by the war for
American commerce have more man
compensated for the loss of the Ger
man and Austrian markets. We shall
continue to apply these measures with
every desire to occasion the least pos
sible amount of Inconvenience to per
sons engaged In legitimate commerce,"
In the supplemental note, which la a
reply to the American caveat giving
notice that the United Statea would
not recognlxe the orders-ln-councll In
lieu of International law. Sir Edward
Grey writes he does "not understand
to what divergence of views as to tne
principles of law applicable In cases
before the prise court the Government
of the United States refers, for I am
not aware of any condition existing be
tween the two countries as to the prin
ciples of law applicable In cases before
such courts."
Prise Court la Dossestle Affair.
Sir Edward compares the rules gov
erning British prize courts to the rules
applied by American courts, referring
especially to the American case ot tne
Amv Warwick before the United States
Supreme Court, where It wae held that
"prize courts are subject to tne instruc
tion of their own sovereign. In the
absence of such Instructions their Juris
diction acd rulea of decision an. to oe
ascertained by reference to the known
nowera of auch tribunals and the prin
ciples by which they are governed r.n-
der the public law and tne practice w
nations. It would appear, therefore,
th, the nrinclnlea aDDlled by the prize
courts of the two countries are Iden
tical. -
The suDDlemental note then proceeas
with a long legal argument to demon
strate the practicability of a prize
court's being governed by International
law and at the same time oy muniapi
law in the form of ordera-in-council.
it finally cornea to the case of the
steamer Zaraora in the present war. In
which the British prize court deciarea.
The nations of the .world need not
be apprehensive that orders-ln-councll
will emanate from the government of
thia eountrv In such violation of the
acknowledged laws or nations id n
Is conceivable that our prise triDunais.
holding the law of nations in reverence.
wuM feel called upon to disregard
and refuse obedience to the provisions
of such orders."
RIcht of Arbitration Open.
file Edward then points out that the
legality of the orders-ln-councll or ot
the measures taken under them have
not vet been brought to a decision in
a prize court, but be reminds the United
States that "It is open to any uniim
States citizen whose claim Is before
th nrlze court to contend that any
order-ln-council which may affect bis
claim Is Inconsistent with the principles
of International law and is tnereiore
not binding upon the court. If the
nrixe court declines to accept hla con
tentions, and If. after auch a decision has
been UDheld on appeal by the Judicial
committee of His Majesty's Privy Coun
cil, the Government of the United States
considers that there is serious grounu
for holding that the decision Is incor
rect and infringes the rights of their
citizens. It is open to them to contend
that It should be subjected to review
by an International tribunal.
The celebrated Matamoros cases of
the Civil war then are cited to show
that the Supreme Court of the United
Statea held It had the right to re
verse the decisions of the prise courts
and that "there was no doubt of the
Jurisdiction of an international tribunal
to review the decisions of the prise
courts of the United States, where the
parties alleging themselves aggrieved
had prosecuted their appeala to the
court of last resort,"
If the United States should be dis
satisfied with decisions or British
prise courts aa sustained by the privy
council, the British government is
prepared to concert with the United
States, "in order to decide upon the
best way of applying- the principle to
the situation which would then have
arisen."
To the American note In the case of
the steamer Neches. which summarily
demanded the expedltioua release of
the American-owned goods detained
under the orders-ln-council. "the inter
national Invalidity of which the Gov
ernment ot the United Statea regards
as plainly Illustrated by the present
Incident," Great Britain replied that.
while these acts of the German gov
ernment continue (sinking neutral as
well as belligerent merchant ships. Ir
respective of destination or origin of
cargo and without proper regard of
safety of passengers or crew) It seems
neither reaaonable nor just that his
majesty s government should be pressed
to abandon the rights claimed In the
British note and to allow goods from
Germany to pass freely through waters
effectively patrolled by British ships
of war."
Great Britain offers, however, to
make special examination In the Neches
case if hardship had been Inflicted.
The British reply. In short, is a de
clination to allow free passage to
goods originating In Germany or In a
territory under German control. The
general cargo of the Neches originated
In Belgium.
Captain Macgenn Is on Vacation.
Captain T. J. Macgenn. master of the
steamer Breakwater, leaves tomorrow
on the steamer Beaver for San Fran
cisco, and expects to spend three weeks
on a vacation. Captain Hardwirk. who
ran between Portland and Cooa Bay for
a time on the steamer Alliance, when
the latter vessel was in the Gray fleet.
arrives from the South today to take
command of the Breakwater. Captain
alaesrenn says that before again nav
igating the Breakwater he may visit
Vancouver and Victoria. B. C
Hawaiian who deoend for a Urine en tha
pearl-dlvins Industry are bavins a hard
ima aa a result of the war. The entire ab
sence of a European market Is siren aa tba
main cauee. Toursaay laiana is a center el
the industry.
'....I ... i,..na.?..l
IS
; IJL. W NEV I , . . j 1 MURAD1 """Ufa IU- Xffi-S Ml I H
FROM OCEAN TO OCEAN Kr!!p-J
From Lakes to Gutf-N.-S.-E.-W.- . ' ARK. frTM:
In every state and territory of oar country VtAb J "WSV MuiwMi'k Mm
In the big cities and the big; open spaces ' ' - MURAD 2? GA?4iVi&S3;f
, In every little town where there are men who appreciate i -i- i j WlmylS
J "tiie better things of life ' w MJ?UoV f II '
". You Will Hear the Praises of Murads .
I The most enthusiastic, far-reaching- and lasting success ever fVlUR- -A ""jjljlljtjt. ilf' 1 1 If-
, won by a high-grade cigarette. ,fiig?ijS -"A liflll!o5vw'l ! i'f
No other high-pade dgarette ever delighted sniarqr Ameti- rrWMfmlilliitMffi TlN 1 Till 1Ix5t
! This is conclusively shown by the fact that Murads are by far trli IH llllllllllllil III l lf:
; the greatest seller of all 13 Cent, 20 Cent and 25 Cent Cigarettes villi il 1 T if I lli ffilijlW -fell l ill III! I lH
I GUARANTEED BY A WHOLE NATION'S VERDICT im B
T "Che
LENIENCE IS ASKED
British Editor Urges America
to Be Generous.
IRRITATION IS ADMITTED
Disaster to British Cotton Indus,
.try During Civil TVar Compared
With Present Situation Af- '
"fectlng That Staple.
LONDON, Aug. 4. In an article ad
dressed to. America, the Morning; Post
says:
"We have been compelled as an In
cldent of war. in that struggle for na
tlonal existence which we are now
waring-, to interfere with the commerce
of America, in common with that of all
neutrals, so as to prevent our enemy
from obtaining from neutrala tnose
articles necessary to the prosecution
of war.
"This duty has been peculiarly Im
posed on Kngland because of her pre
dominant naval strength. We should
have betrayed our allies, we should
have been guilty of treachery to them.
had we not exerted our full power
against Germany. In performing our
duty we brought certain financial
losses to America, and it Is only natural
that Americans should feel irritated;
that they at times even 'question the
Justice of our actions.
"Yet we must ask them not to look
at the matter entirely through their
own eyes, even from the standpoint of
their own material Interests, but toler
antly, generously. Justly to understand
our position.
The Post refers to the blockade
against the south during the American
Civil War which brought disaster to
the English cotton Industry and the
failure of England to declare cotton
contraband In the present war, which
the writer terms a "mistaken kind
ness" out of consideration to the United
Statea and its people.
"Surely the United States will not
add to our burdens." continues the arti
cle, "or weigh humanity against money,
nor have we that fear. Americans
have given too many proofs of their
Idealisms and have so repeatedly made
sacrifices to sustain their principles,
that they will not, we are sure, in this
great crista, allow material considera
tions of passing msgnttude to Indi
viduals, but no more than a grain of
sand In the scale of civilization, to
Imperil the world's future."
COTTOX OTE TO COME LATER
Decision to Treat Staple as Contra
band Not Irrevocable.
LONDON. Aug. 3. The recent diplo
matic correspondence between London
end Washington concerning delays to
American commerce and Great Brit
ain's orders-ln-councll will be pub
lished here tomorrow.
The Foreign Office explains that all
phases of the controversy between the
United States and Great Britain, ex
cept with cotton, are covered In the
British notes, and that when a decision
is arrived at on the cotton situation it
is probable that a note on thia sub
ject will be sent to Washington.
No question at the present time has
gtven the government here more vex
atious moments than cotton. The gov.
ernment already haa Indicated that Its
decision not to- treat the staple as
contraband is not Irrevocable, but it
Is not yet convinced thst the proposed
alternatives might . not cauae more
trouble and friction than the present
system of detaining cotton which is
suspected of having an enemy country
for Its destination.
The correspondence concerning the
seizure of the American steamer
Nechea while bound from Rotterdam to
the United States with a cargo of Bel
gian and German goods already has
been followed by positive results, as
several of the consignments originat
ing in Belgium which were aboard that
steamer have been released and banded
over to the American claimants.
Official circles here are not optimistic
that the British replies will end the
shipping controversy, but It Is felt that
the negotiations will not' come to an
Impasse, aa the government haa ex
pressed its willingness to submit the
differences between it and the United
States to arbitration If an agreement
is found to be impossible.
WATER RIGHTS DEFINED
Government and Individual Rank
Same, Says Xew Blexico Board.
SANTA FE, N. M., Aug. 3. That the
United States stands on the same foot
ing as a private individual under the
state rules governing water applica
tions was held by the State Board of
Water Commissioners today 'in re
versing the ruling of the State Engi
neer and approving the application of
the Arlington Land Company to use
the waters of the Chama and Brazos
rivers. Upper Rio Grande tributaries.
The engineer held the applications
could not be granted, on the general
ground that they would conflict with
the prior rights of the United States
for the Elephant Butte project. The
board held that this could not be con
sidered, because the Government had
failed to file the required formal pro
test with the state.
RABBITS MOW GRAIN FIELDS
Grasshoppers, Too, Invade Baker
District: Farmers Rush Harvest.
BAKER,. Or.. Aug. 3. (Special.) A
sudden Invasion of rabbits In the grain
fields of Pleasant Valley, a rich agri
cultural district near Baker, is making
the success of the season's crop ex
tremely doubtful. The animals are of
the "blacktail" variety, and with grain
ready to head, have descended on the
fields and are doing the mowing them
selves in a most thorough fashion
Almost simultaneously with the at
tack of the rabbit army has come a
plague of grasshoppers, and with the
two together threatening ranchers are
bending every effort to hasten the
harvest.
DAMS ARE WASHED OUT
( Continued From First Page.)
Firemen tried to rescue them, but lost
their lives in the attempt.
Every store In State street, the main
business street of the-city, is flooded,
and at least 50 houses are reported
washed away.
The Jareckl manufacturing plant has
been washed away, and 20 automobiles
that were In the garage went with It.
A girl standing on the banks of Mill
Creek was carried to her death when
the bank caved in.
John Higgins, of 207 East Eighth
street, was the first Identified victim
of the flood. His body was recovered
from Mill Creek.
Wreckage Plied 70 Feet High.
Wreckage was piled 70 feet high In
the heart of the city, and at midnight
the water had receded somewhat, but
the estimate of 25 dead wa still main
tained. , ,
Tl.. Ann mtm y-ioA a f TwCntV-elehth
street and came down through the Mill
Creek v alley, a stream running; iu5u
the eastern section of the city.
a vtnth ,i,ut In tha center of the
city, half a dozen houses were washed
away and piled up In tne patn or toe
waters. Scores of people were buried
under the debris at that point. At a
late hour their fate was still uncertain.
The rain that preceded the flood
started with a heavy thunder shower,
and continued for several hours until
the cloudburst. The water in Ml)l
Creek began to rise nt 7 o'clock. The
i. nnMl anrf an hour later
the people began to flee, but by S:S0
o clock tne run rorce oi mo no nmtn
those who tarried.
Llfeaavers Called Out.
LIfesavers have been called from the
lifesavlng stations at Lake Erie, and
anH rtn1omen under the direc
tion of Mayor Stern made every effort
for the rescue of thn Imperiled and the
comfort of the homelesa and distressed.
t . . ..tim.r.tH at miHnlirht that
2000 persons were homeless. Telephone
service was so enppiro inai mt wum
of relieving the distr.-ssod and rescue
was seriously Impeded.
RAINS CAUSE HEAVY DAMAGE
Meadvlllc, Tltnsvllle and Other
Towns Suffer Serious Loss.
MEADVILLE, Pa Aug. 3. North
western Pennsylvania suffered heavily
by heavy rains tonight. Nearly every
street In Meadville was swept by floods
and business houses in the center of the
city were Inundated.
Cambridge Springs reports the heav-
What Would You Do?
The Woman you married
was faithless?
The Bosom Friend you
trusted was false?
The Child you adored was
not your own?
THESE VITAL QUESTIONS ARE ANSWERED IN
The Faithless Wife
or
DR.RAMEAU
at the
ST AR i
lest rainfall In its history. All streets
were flooded and the business section
suffered serious loss.
Titusville reports heavy Tains and
Cochranton suffered heavily. Much
damage was done throughout Crawford
County.
PALESTINE FACES FAMINE
Loss to Fruit, Due to War, Is Placed
at $30,000,000.
pHTT.AnELPHIA. Aug. 3. Fruit
growers of Palestine stand to lose 130.
000.000 because of the European war,
according to a letter received here from
. - - - i - j 0-Anaw,l pnmmluloner of
UCl'l fS 3 ivin bwv.
commerce, with headquarters at Jaffa,
and made pudiic toaay.
The letter says trees are dying for
want of watering and for want of
petroleum to spray them. The region
has been visnea oy iocubu im
tation is ruined. The loss at Jaffa and
its vicinity alone is estimated at $30,
000,000.
"The Ottoman government seized
every bit of petroleum we had on hand.
This was a heavy blow to us." the let
ter says. "Most of the men have been
drafted into the Turkish fighting ranks.
and the women have worked heroically
to save the crops. Unless something
is done, and done quickly, we fear
famine and starvation."
According to experts, the force qf the
rotation of the earth on the gyroscopic com
niu which haa been adoDted by the United
States Navy is 291 times as great as the
force of magnetism on tne magnetic tweaie.
Last Day Today
(Positively No Longer.)
Marguerite
Clarke
In the Delightful Comedy
Seven Sisters
Children's Matinee-
All Children Up to 15 Years
Admitted for 6c From 2 to
6 P. M. Today.
Paramount Travelogue No. 15
- DONT MISS IT
PEOPLES
TODAY LAST TIME TO SEE
LOIS MEREDITH
IN
HELP
WANTED
AN INTERESTING DRAMA IN
FIVE REELS
ALSO
ONE-REEL COMEDY
10c 11 A. M. TO 11 P. M. 10c
TOMORROW
HAZEL DAWN
IN
"NIOBE"
Emergency
Luteal
V
You can have a light sub
stantial meal ready in a f co
mmutes without fuss or
preparation if the after
noon call, the matinee or
the picture show brought
you home late.
Booth's Sardines enough
for four are the first aid in just
such a domestic dilemma.
The price is only 20c a can..
Have a can or two of each
variety on your pantry shelves
ready for these unexpected!
times.
BOOTH
' B
CRESCENT
RAND-
Ready to serve no heating. And they're
our to (ix times larger than the ordinary Sar
dine. They're called Sardines only because
Uncle Sam says they belong to the Sardine
family. They are bis in size and appedzinsly
delicious. i
i
They come packed In three sauces tomato,
mustard and soused, six to eight in a can,"
enough for lour.
Be sure to ask your grocer for "BOOTH'S
Sardines. Accept no others. There's no sub
stitute in kind or Quality.
Ask for the Recipe Book
You will be surprised and pleased with the
many suggestions in this little book for dainty
meals which you can prepare in ten minute.
Your grocer will have a copy
Packed by
Monterey Packing Co,
San Francisco, Calif,
8. W. HUGHES CO INC.. Distributors.
813 Morgan Blag., rortuua, ur.
An Unfailing Way
to Banish Hairs
(Beauty Notes)
TJgrly hairy growths can be removed
In the privacy of your own home, if
you gel a small original package of
delatone and mix into a paste enough
of the powder and water to cover the
hairy surface. This should be left on
the skin about 2 minutes, then removed
and the skin washed and every trace
of hair will have vanished. No harm or
inconvenience can result from thia
treatment, but be sure you buy real
delatone. Adv.
Phone Your Want Ads to '.
THE OREGONIAN
Main '7070. A 6093
t