Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-04-07

who directs me to inform you that he has
requested an opinion from the Attorney
General in regard to the points of law in
vowed in the matter to which it refers. and
mas also ordered an immediate investiga-
ton of the facts in the case"
Views of Attorney General.
The Attorney Generals opinion is dated
April 4. He says:
ut seems necessary to say nothing as to
the duties and powers of the state Of
Louisiana, except tLai they involve, of
course, the exercise Of the usual civil means
of preserving the peace, in the improbable
event OF Its breach in the manner sup
posed to be suggested ~ Pearson. I can
not believe that the latter contemplates
taxing the law into his own hands, in de-
nance Of the state and federal govern
ments; nor does he threaten to act without
the Presldents permission, which, 1t is
needless to say, he will not receive. Nor
can DelleVe that he expects any such per-
mission. His object is doubtless to bring
1orcibly to the attention of the government
that he considers the proceedings of the
our territory" =.
The Attorney General says that the prin.
clpal question. and a delicate one, Is wheth-
er tnere has been departure of neutrality
on the part of our government in this mat
ter and notwithstanding the urgency of
PEARSON and Governor Heard. thinks this
government should not take any action
WIN mature consideration by the Pres
ldent and his advisors. He submits some
tentative suggestions: First, he says, the
sale OF contraband or war supplies to a bel
iigerent Is held Dy many eminent authori-
neutral nation must forbid to its citizens
but the weight Of authority is the other
way.
Law Regarding Neutrality.
"A rule Of law now fully agreed upon is
that neutral nation shall not give aid to
one or the belligerents in the carrying on of
war. Carrying on commerce with q bellig-
erent In the manner usual before the war
Is not giving such aid. The mere increased
demand for warlike articles and their in
creased quantity In the commerce does not
make that commerce cease to be the same
as before the war 1t does not seem to be
settled that the fact that the belligerent
government is a purchaser makes the
neutral governments permission of the
commerce a departure from the obliea-
tfon to give no aid to the belIieerent The
fact that neutral merchants give aid to the
Dell1gerents from motives of gainseekfng
does not relieve their government from its
obligation to prevent, otherwise 1t would be
lawful to supply warships with coal, can
non and powder. The difficulty lies in
drawing the line between the right of car
rying on and OF governmental permission to
carry on the commerce usual before the
war and the obligation upon the govern
ment and citizens Of the neutral govern
ment to give no aid to the belligerents"
Inc 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
upon the principle recognized in interna-
tional law that the preponderant character
istics must control the determination He
enters into long citation of cases in the
nature of precedents, and says in conclu-
sion:
while the discussion of such matters
has, as in the Alabama claims cases. prin-
cipally concerned war vessels and expedi-
tons by sea, 1t cannot be doubted that aid
given to an army engaged in actual war
rare STANDS upon the same footing as aid
given to fleet SO engaged. since both
equally involve taking part by the neu-
trail In furthering the military operations
of the belligerent. Nor should the munich
pad laws Of England and the United States
or of other countries by principally dealing
with such vessels and expeditions obscure
the fact that aid can as well be given to
military operations Of the beiIieerent the
one way as the other, by proceedings car
ried upon the neutral territory.
Each Case to Be Decided Separately.
From all that has been said. 1 think
that 1t may be concluded that in determin-
ing whether a transaction of the kind re-
cial in character. is yet not entitled to en-
joy the rights belonging to commerce. but
is prohibited to the neutral nation and it's
people as being an aid to one of the bellig-
erents 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 circumstances and determined accord
ingly.
I'm 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 1 do not
understand that one has been requested
number Of allegations and some testi-
mony 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 / have
endeayored as well as I 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 char
acter of the transactions. their greater or
less extensiveness, their persistence in time,
or the reverse. their governmental character
or the absence Of 1t. their objects and re-
Suits and principally. of course their rela-
tiens IL any, with the prosecution of the
military operations In South Africa"