The San Francisco call., 1904-09-17
Russia Modifles
ContrabandReg
uIations.
May Reply to the
American Note
To-Day.


ST. PETERSBURG, Sept. 10, f:zo
p m.-Russia has given her answer ~
the American and British notes on the
subject of contraband OF war. lhei
answer was communicated to Efnoas-
sador Hardinge this afternoon veroaliy
by Foreign Minister Lamsdorn Inc
ambassador was informed in eftect
that according to the decision OF the
commission which has investigated the
subject, the Government has agreed W
the view as to conditiOnally contraDaho
character for foodstuffs and tnat sup
Elementary instructions hao peeh 10
sued to the Russian naval coiillleilu
ers and prize courts, calling thelr a..
tention to the misinterpretatlon WHICH
had been placed upon the prize resu-
lations. These instructions, Sir ChdIleS
Hardinge was informed, make a clear
distinction between the articles emu
merated in article six of the RUSSIAN
prize regulations which are susceptible
to dual use, like fuel and foodstu1s,
the assumption being that IL they are
addressed to private persons or nrms
in an enemy's port they are not IN
tended for warlike uses; but their IN
nocent character may be suplect 10
suspicion if the ships papers and the
circumstances are irregular. In ERECT
the new instructions will place the
burden of proof that the foodstuns'
etc, are designed for belligerent pur-
poses upon the captor.
The new instructions will involve
reversal of the judgment or the
VladivostOk prize court by the Ad-
miralty court in the case of the pro-
visions confiscated. A direct answer
to the American note is expected to-
morrow.
AS TO FOODSTUFFS.
Russia, in Count Lamsdorff's re-
sponse to ambassador Hardinge, in
principle meets the views Of the Amer
lean and the British Governments re-
garding foodstuffs and coal and other
fuel as being conditional contraband
of war, distinctly placing them in the
category of articles susceptible of uses
both in war and peace, and, as such,
only confiscatable when consigned to
blockaded ports or destined to military
or naval forces of the enemy.
Count Lamsdorff's reply was not pre-
sented in written form, but was COM
municated verbally to ambassador
Hardinge. 1t will not involve public
amendment of the Russian contraband
and prize regulations, but, in effect, it
becomes an official Interpretation of
the original regulations made by the
commission composed of representa-
tives of the Ministries of Foreign At
fairs, Marine War and Justice, which
considered the subject in connection
with the objections raised by the
United States and Great Britain and,
as such, will hereafter govern naval
commanders and prize courts, which
thus far in the war have classed all
articles enumerated in article 6 of the
Russian regulations as absolute contra
band.
In this way Russia preserves her
dignity by not making an open surren-
der, at the same time cOnsenting to the
Interpretation asked for by the United
States and Great Britain in the interest
of the rights of the neutral commerce.
In some respects, however, there is
good ground for the belief that the con-
tention of the United States-that ;ail-
way material and certain kinds of ma
chinery be classed as conditional con-
traband-will not be accepted.
MAY NOT SUIT AMERICA.
To that extent Count Lamsdorff's
reply to ambassador Mccormick may
rot be satisfactory to the United
States. Count LamsdOrff's victory in
this controversy, while not absolutely
complete, is perhaps noteworthy as
having been achieved against powerful
adverse interests. At one time 1t SEEM
ed doubtful whether any concessions
could be obtained, but yesterday the
Emperor sanctioned the decision, which
Count Lamsdorff communicated to En-
bassador Hardinge to-day.
LONDON, Sept. 16. = The Foreign
Office has received a dispatch.fronn En-
bassador Hardinge, at st. Petersburg.
giving Russa's reply to the representa-
tions on the subject of contraband of
war. While disinclined to express an.
opinion, it is understood that the For
eign Office considers the reply as sat
isfactory, inasmuch as the concessions
are n distinct yielding on the part of
the Russian Government to the claims
of Great Britain. 1t is said at the For
eign Office that, while anything like
crisis was averted by the reply, it does
not close the matter completely, and
further discussion will probably ensue.
Foreign Secretary LanSdowne and
Premier Balfour are both absent, but
Sir Charles Hardinges dispatch was
forwarded to them, and pending their
action nothing is available at the For
eign Office beyond a general expression
of opinion that the reply goes long
way toward settling the question as
to what. in the future, may be properly
regarded as contraband of war. Accord
ing to the British view, there are still
open certain questions Of principle, but
it is believed that these will be ar
ranged in the course of further nego-
tiations.