Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-19
.LAMS10RfF'S ANSWER
Statement Summarized by
Ambassador Mccormick.
OFFICIALS GRATIFIED
RUSSIAN CONCESSIONS IN THE
MATTER OF coN4RABAND.
Result Will Be to Establish Principle
for Which This Country
Has Contended.
OFFICIALS GRATIFIED

Ambassador MCCORMICK. n cdDleRrdHi SUM-
| marizing the answer of Count Lamsdorn
| the Russian minister of foreign affairs, to Its
| protest against the seizure by Russian war
ships of food supplies of American origin
| carried on neutral ships. 1t confirms the
| st. Petersburg dispatch published In The
| Star last week Count Lamsdorff says that
instructions have been sent to the prize
courts and naval commanders supplement-
| ing and explaining the regulations respect
| ing contraband of war originally issued
! The conditional contraband character OF
articles of dual use Is admitted in the new
| instructions. If articles of dual use are
addressed to private individuals in Japan
| they will not be subject to seizure and con-
| fscaton unless such private individuals are
shown to be agents or contractors or the
| military or naval authorities of Japan.
An Important Result.
! The construction thus placed upon the
| regula tfons is eminently gratifying to the
| State Department officials. as 1t is directly
| in line with their contentious The result
| will be to firmly establish as a principle OF
| international law the exemption of food
| stuffs conveyed under the conditions de-
| scribed from seizure, a matter which mas
| not heretofore been one OF universal prac-
| tice.
IT will also be noted that the burden OF
| proof as to the contraband character or
goods is for the first time placed squarely
upon the naval commanders attempting To
| make seizures, and if the ships papers are
| regular the shipper will be regarded as hav-
ing established prima facie the non-contra-
band character Of his shipment. That is
| regarded as of great importance to COM
| mercial interests.
The Next Steps.
| 1t is understood here that the next steps
| to be taken relative to the seizures already
| made will be examinations by the prize
courts which originally condemned the
goods at Vladivostok, with the purpose of
| ascertaining whether any of the food was
destined for the japanese government or its
| agents.
| Nothing has yet been heard from Ambas-
| sador Mccormick respecting the machinery
| and railway material seized. which must be
| left to further negotiations.
| The Russian Reply.
| ST. PETERSBURG. September 19.-The
| Russian answer 10 the American notes in
regard to contraband of war. as specifically
raised in the cases of the British steamer
| Calchas and the Portland Asiatic line
steamer Arabia (both captured by the
Vladivostok squadron, the steamer while
| bound from Puget Sound ports TO Japah)
| has been delivered.
1t followed generally the lines of the re-
ply TO Great Britain. On the broad ques-
| ton involved Russia recognizes the prln-
ciple of the immunity of innocent trade
| with Japenese corps, but she holds to her
right to stop contraband destined Tor the
use of the japanese military or naval
| forces. The United States is informed, as
| was Great Britain September 16, that in
| structions embodying the decision OF the
| commission presided over by Professor de
| Martens (professor of International law at
| the University of St. Petersburg). have
| been issued in the form of instructions 10
| the naval commanders and prize courts, TO
| govern them in the future, the instructions
| l,a rJtrn1
! only the conditionally cOntraband char
| acter of the articles of foodstuffs, rice, etc.
enumerated in section ten of article six OF
| the Russian regulations, with the eXcep-
| ton of horses and other beasts of burden.
| But the mere fact that consignment is
| intended for private persons or firms, as
| also pointed out to Great Britain, Russia
| will not accept as necessarily furnishing
| exception from seizure, should circum-
stances, for instance, like the shipment Of
| a full cargo of food create a fair pre-
sumption that it is intended for the use
| of the Japanese government, for supply
| ing her army navy. The circumstances
OF each case, therefore, will, to certain
| extent, govern it,
The Arabia and Calchas,.
| Russia will not undertake at this stage
to interfere with the cases of the steam
ships Arabia and Calchas, of which the
| courts have already taken jurisdiction,
and in which the Vladivostok courts
have already taken jurisdiction, and in
| which the Vladivostok court found the
| facts.
| But on appeal the admiralty court will ap-
| ply its Interpretation of section ten, which
| practically amounts to assurance that
| the -four etc, seized. will then be released.
| L. is Improbable. however, that all the ar
| ticles conhscated by the lower court will be
| released.
| AS far as the Associated Press can learn.
! the commission decision. as embodied in
| instructions. does beyOnd
| articles enumerated in section 10, from
| which it is inferred, coal, railroad material,
| machinery and boilers for ships and even
cotton are enumerated along with NUM-
| tions of war, etc, in other articles which
| remain in the category of absolute con-
| traband.
| assurances have been given the United
! States that the American government will
| be satisfied with the manner in which the
| contraband rules will be interpreted here
| after.
st. Petersburg Paper Displeased.
| ST. PETERSBURG, September 19.-The
Russian governments concessions to neu-
| trail commerce in the matter of contraband
of war does not meet with the approval Of
| the Novoe Vremya, which declares that the
| game of stopping neutral merchantmen Is
| not worth the candle if Russia decides in
advance to restore the contraband se.zed-
The knight Commander Case.
| LONDON September 19.-Russias reply
| to the British protest on the subject OK
| Russia's Interpretation of contraband OF
| war includes decision to respect the Brit
| ish demand in the case of the British
| steamer knight Commander (sunk by the
| Vladivostok squadron off Izu. and after
! ward adjudged lawful prize). 1t is un-
| derstood that Russia upholds the principle
| that Admiral Jensen was justified in sink
| ing the steamer. The British government
is still hopeful of a settlement by means
| OF an indemnity. but in view of the decision
| Of the prize court at Vadivostok 1t is said
that Russia does not see how she can COM
ply with the British demand, as she thereby
would recognize her officers to be at fault.
This question will be the subject of fur
ther negotiations between the two govern
ments. the British authorities appreciatina
| the fact that Russia has made substan-