New-York tribune., 1904-08-05
Prssrrs RULING on ROOD.

Russia insists upon regarding fOodstuns as
contraband Of war. That Is the outcome OF the
case Of the steamship Arabia. That German
vessel set out from America for Asia. laden
chiefly with foodstuffs and railroad material
Nearly two-thirds Of the cargo was consigned
20 Hong Kong and the remainder 10 Japan
The Russians seized her and took her TO Nladi-
vostok The Russian government few days
ago Informed the American government that
the fate of vessel aud cargo would depend upon
the findings Of the local prize court. That court
Yesterday announced its findings. They are To
the effect that the foodstulfs and railroad ma
terial consigned 70 Japan ara contrahdnd ana
will be confscated and removed from the yes
SCI! and thar then the ship and the remainder
Of the cargo will be released
The findings OF a prize court are 20 he treate'i
with respect. They are not necessarily 10 he
accepted as final. hut arc susceptible of appeal.
and they are certainly not to be regarded rs
infallibly establishing principles precedents
Of international law \ prize court IS not an
international tribunal but national 1t IS not
impartial. hut emphatlcaly partisan. AT hest
il can do nothing but decide in accordance with
in. rules Of war proclaimed hy its government.
II they are not good international law, its d..
cisions VIII not he In tho present ease tho
court seems 20 have followed the rules laid
down at the beginning Of the war bv the Rus
sian government. under which ali foodstuifs and
railroad material, for whatever use they are in
tended, are 10 he regarded as contrarapd. That
is not good international Jaw. It has never
been agreed 70 by treaty or practised hy
common consent Of the nations. On the con-
trarv. II has almost universally and invariably
been denied. opposed ami resisted. especially by
America and Great Britain, and il does not
seem probable that it wills now be accepted
The accepted rule is that of tirotius. that pro
visions are sometimes cortraband and soma
times not, according 10 whether they are in
tended for the OF army and navy or of the
1or-combatGnt popula tion Yattel held practi-
cally the same ground Bynk7rshoek held that
provisions were contraband only when the
enemy was Likely 10 be reduced by famine.
Talin and Pother regarded food as not conira
band unless des,ired for q bocGadeI or he
si,Scd place Ry 'th, treaty Of Utrecht the
treaty Of A'x-ia- -Chapelle OF 174S t!.n treaty Of
Paris Of 17c3 the treaty Of Versailles Of 1873
and the commercial treaty of 1856 between
Great Britain and France, the list OF contra
band goods was strict!r confined 10 munitions
of war. IN lie treaty Of 1871 bctwern Cre!t
B-;,Gin aIit Russia il was expressly declared
jl.at only arms aud ammunition should he con
sidered contraband. and that 'all Other articles
whatever shall not he subject 10 confiscation'
We have already recalled the British attempt
In 1883 70 declare au provisions hound eor
France - he con:raband on the er1Cnd that
81 France WAS practically bockaded and b.
s!eSed ard rednciDie ~ famine. That attempt
WIS never approved ny America anl Great
Britain was in time compelled % Tecede from IT,
In treaty with the Cnitad States in 1894 the
British government agreed That. in view of the
difficulty "e determining "hcthcr food WAS or
was not eontrnhanl n any particular ease all
fcod seized siovid ret be corGscnted Int should
bo paid for ct It's NIL market price. Mus rea.
scaaole p-oht. freight and demu-rage. In 1885
FRANCE ue'iaTad aH Iica shipped 20 any ports In
Nor;heru China 20 10 contronapd of war
AGAINST shat .he British government protested
declaring u would not consider Itself bound Inv
aRv such decision o3 n prize court
! VI ti'e attitude Of the United States there can