The age-herald., 1902-04-06
Attorney General Knox Renders Opinion But Says He's
 Without Facts
THINKS II WORTHY OF
 CAREFUL CONSIDERATION
Admits That Furnishing Supplies Gan Be Construed Into Giving Aid to a BeiIigerent Nation-There
 Are No Precedents.

Washingt on, April 1.-The state depart ment today made public the correspon- dence that has so far taken place between the United States government and the Governor of Louisiana, representing the latter's statement respecting the ship ment of live stock and supplies for the British army in South Africa from Chal- mette, La. There are three principal let ters and a number of appendices. The principal letter is one from the Governor of Louisiana, dated March 29, touching the conditions at Chalmette; reply from Secretary Hay, dated April 4, announc- ing that he should order an investigation (which will be made by an army officer), and long opinion from the attorney gen. eral On the legal points involved in the Chalmette shipments.
 Governor Heard's letter already has been outlined fn the press dispatches. He begins with statement that he had re- turned from the Mayor of New Orleans a copy of letter from Secretary Hay, call ing his attention to a threat of Samuel Pearson to commit breach of the peace in New Orleans" and referring that let ter to the Mayor for consideration. Mir. Pearson's letter is one heretofore pub lished, dated at New Orleans February l. and addressed to the President, calling attention to the condition of affairs at New Orleans and Chalmette.
 Out of the City's Jurisdiction.
 The Mayor transmitted this correspon- dence to sle Governor of the state on the ground that the acts complained of were permitted in the parish of St. Bernard by which Jurisdiction was out of the city au- thorlty. The Governor wrote to Sheriff Nunez of that parish in regard to the matter. The sheriff's, reply a part of the Governors, is dated St. Bernard, La February 2S. and reports concisely that the mules and horses were being loaded at Chalmette for the British government either directly or indirectly, but the load ing was done by longshoremen of the city of New Orleans, supervised by English men who might or might not be officers of the army. Certainly there was no one there in uniform In conclusion the sheriff says:
 Fhere is no such thing as a British post with men and soldiers established at Port Chalmette So far as the recruiting of me3 is concerned, I am sure I can certify that 1t Is not being done In the parish of St Bernard As I understand it. the only men taken on the ships are the muleteers who are employed In the city of New Orleans.
 T have always endeavored to enforce observance to the laws of this State as well as to the laws of the United States. therefore should you inform me that said shipments are contrary to the law, I will certainly prevent any further violation of the law
 Are for the Army.
 Governor Heard says it is conceded by the British officers themselves that the animals were for the British army in South Africa. He says
 'rhe Burghers of South Africa are making a fight for their homes and lib- erty, which cannot but appeal at least to the sense of fair play of the American people. As the executive of the common wealth of Louisiana, whose peoples have always been ardent lovers of the Boons, I cannot but feel that the establishment and maintenance of a base of war sup plies for the British army upon her soil place upor me a grave responsibility. These mules and horses shipped from Port Chalmette, as claimed, are indis- pensabie to the operations of the British army. hence they must be considered as contraband of war, of greater value than arms and soldiers, that England can so easily furnish from within her borders"
 The Governor says it is his opinion that It is the function of the national govern ment and not of the State to enforce obedience 70 the neutrality laws; yet if such duty belongs to the state where the violation occurs. he would not hesitate .o act as the law may warrant, and calls m the Secretary of State for his views on the matter
 Gen. Campbell Stuart There.
 In a postscript to this the Governor reports the arrival in New Orleans of Gen. Sir Richard Campbell Stuart an
 TD.,t%s %s-1.,a frtrt nf fY, spection of the transport service in the vicinity of New Orleans. He also en- closes d number of newspaper clippings and statements from individuals as to the operations of the British remount serv- ice transcript of the proceedings in court and a number of letters from indi- viduals protesting against the continual tion of the animal shipments. The most innnortant of these probably is an af- Adavit of one Toures, setting forth his epeagement for service on the trans mort Milwaukee, signing articles before the British vice consul, being assigned to duty by Lieutenant Thompson of the yeomanry of the British army, and act ing under his orders. went to Capetown, thence to Durban, where horses were de- Hvered to British officers in uniform and where the men were not allowed to go ashore unless we would agree to sign with the recruiting officer and join the British army" He also alleged that the Milwaukee was commanded by army of- hcers.
 In reply to the Governor Secretary Hay states:
 q have received your letetr of the 29th of March and submitted 1t to the Presi- dent. who directs me to inform you that he has requested an opinion from the At torney General in regard to the points of law involved in the matter to which it refers and has also ordered an immediate investigation of the facts in the case.'
 Attorney Generals Opinion.
 The Attorney Generals opinion is dated April 4.-He says:
 .1t seems necessary to say nothing as to the duties and powers of the state of- fcials, except that they involve Of course.