Omaha daily bee., 1902-04-06

who directs me TO inform you that he has
requested an opinion from the attorney
general regarding the points OF law IN
volved In the matter 20 which Il refers and
has also ordered an immediate investiga-
ton Of the facts In the case.
The attorney generals opinion is dated
April 4, and says:
1t seems necessary to say nothing as to
the duties and covers OF the state officials,
except that they involve, Of course, the
exercise Of the usual civil means of pre-
serving the peace, I'm the improbable event
of its breach in the manner supposed to be
suggested by Pearson. / canno believe
that the latter contemplates taking the law
into his own hands in defiance or the state
and federal governments, nor does he
threaten to act without the presidents per-
mission, which II is needless to say he will
not receive. Neither can / believe he can
expect such permission. His object is OBJ
viously to bring before the attention OF the
government that he considers the proceed
ings of the British equivalent to Carrying
on war upon our territory.
The attorney general says that the prin-
cipal question, and a delicate one, is where
there has been a departure Of neutrality on
the part Of our government in this matter,
and Notwithstanding the urgency Of Pearson
and Governor Heard, he thinks this gov
eminent should not take any action without
due consideration by the president and his
advisors"
BolntH submitted Dg NnON.
He submits some tentative suggestions:
First, he says the sale of the contraband
OF wal supplies to a belligerent Is held, by
many eminent authorities. to be unlawful
and something which a neutral nation must
forbid to its citizens. but the weight Of
now fully agreed upon, is that a neutral
nation shall not give aid TO one of the
Carrying on with a belligerent
In the manner usual before the war Is not
giving such aid. The mere increased de-
mand for warlike articles and their In
creased quantity in the commerce does not
make that commerce cease to be the same
II does not seem to be settled that the
fact that the belligerent government Is a
purchaser makes the neutral governments
beiiigerent. The fact that neutral mer-
chants u give aid to the hssek G1lligerSs oes
not relieve their government from its
obligation to prevent, otherwise II would
cannon and powder. The difficulty lies In
drawing the line between right OF carrying
on and of governmental permission to carry
the obligation upon the government and
citizens of the neutral government to give
no aid to the belligerents.
DimcuIty I'm Solution.
The attorney general adverts at some
length to the difficulty in disposing Of these
cases, each different from the other and
without exact precedent, and he falls back
on the principle recognized in international
law that the preponderant characteristic
must control the determination. He enters
into long citation of cases in the nature Of
precedents and says in conclusion:
While discussions of such matters have,
as In the Alabama claims cases., principally
concerned war vessels and expeditions by
sea, II cannot be doubted that aid given
to an army ensased IN actual waters i
to a feet so engaged. as both equally In
volve a taking part by the neutral In fur
ligerent. Nor should the municipal laws
of England or the United States, or OF other
countries, by principally dealing with such
that aid can as we'll be given to military
operations of the belligerent the one way
as the other by proceedings carried upon
From all that has been said l think 1t
may be concluded that In determining
whether a transaction of the kind referred
to. which in one respect is commercial.
in fact is not entitled to enjoy the rights
belonging to commerce, but is prohibited
ing an aid to one of the belligerents in
carrying on war against the other, the
criteria are practically impossible to specify
and enumerate in advance Each case that
arises must be considered in all Its cir
cumstances and determined accordingly.
In the case before us there is no state
ment of facts by you upon which to give
an official opinion as to the law, and l do
not understand that one has been re-
quested. A number of allegations and some
testimony have been sent me and they are
sufficient TO challenge attention. But the
first thing to be done is to ascertain
whether the allegations are true. l have
endeavored, as well as l could In advance,
to indicate the law to be applied to them,
and shall only add that among the points
by which to be guided are the systematic
character OF the transactions their greater
or less extensiveness, their persistence In
time, or the reverse, their governmental
character or the absence of 1t, their OBJ
jects and results. and principally, of course,
their relations, II any, with the prosecution
of the military operations In South Africa.