The age-herald., 1898-04-25
NO LIST PRESCRIBED OFCONTRABANDGOODS Governments Attitude on Priva- teering Not Yet Settled. PRONUNCIATION AT MADRID As 10 Spain's Position in Regard to the 0ues- ton Discussed by the Officials of
 the State Department
 Yesterday
PRONUNCIATION AT MADRID

Washington, April 24.-The promulgatien at Madrid through the Official Gaceta as to the attitude of that government regarding pr1vateering and the question whether or not coal shall be held contraband of war. was discussed by the state department of- hcials today. In response to questions put to him by representative of the Associat- ed Press, Judge William L. Penheld, the solicitor of the department made the fol- lowing unofficial statement, which he sad is not to be regarded indicating in any way the action and policy of this govern ment, but is given for the information of merchants and shippers.
 'This government has not yet officially prescribed a list of articles which it will treat as contraband of war If Spain has taken any such action it is not yet made public.
 Each government is competent to pre- scribe it's own list for the guidance of it's own authorities. Such list is conclusive upon the government making it and upon all neutral nations in the absence of any disregard of the treaty rights and of in- ternational law. Any gross disregard of such law treaty obligations would per- haps provoke the interposition of any neu- tral state affected.
 Until such time is prescribed the ques-
  traband of war will be governed generally by the law of nations specifically by the treaty stipuations by the belligerant cap tor and the neutral state to whose subject articles belong.
 NO DEFINITE RULE.
 International law gives no hard and fast rule for the determination of the question whether articles eontraband, except the general rule that all articles of es- fallt rli ilra ha or m for an enemy's use are contraband.
 Many articles, provisions, coal, etc., are of an equivocal character and If destined for the enemy's use are deemed contra band. It follows that if such lists should be prepared by the United States and Spain they may be identical or may be widely di- yergent, depending on the policy of each government. The action of each government will bind only itself and its own prize courts bind only itself and its own prize courts and neutrals. The question whether con- traband or not might depend upon whether the captors were Americans or Spanish. Shippers in neutral vessels would not only consider the character of the goods shipped, but whether destined for American or Spanish ports or whether the goods are included in the list denounced as contra band by one the other state.
 ''This government has already announced that it will not resort to privateering. Spain has announced the same policy. In view of these facts SpainS further announce meuf that she will treat our privateers as pirates is Brutum Fulmun, worthy of Don Ouixote. The Spanish government has published its intention to exercise the right of search. The right to do so is undoubted. But the right can be lawfully exercised only for the purpose of determining the na- tionaIity of the ship and it's destination, whether its goods are neutral or enemy, whether contraband or not and whether It's conduct is un-neutral or neutral.