The Birmingham age-herald., 1904-08-21
Chinese Ports Cannot be Neutral When Russian BattIeships
 Take Refuge in Them
SAYS RUSSIA WILFULLY
 VIOLATED THE AGREEMENT
SL Petersburg Government Is Still Confident Thas Port Arthur VIII Hold Out, Although Continued
 Assaults Are Telling.

Tolio, August 20, p. m.-The Japanese government today gave to the Assoclateo Press a statement defining It's attitude in the capture of the Ryeshitelni, and de- claring its position on the entire question of Chinese neutrality as follows
 ..The status of China in the present struggle is wholly unique. Nearly all the military operations are carried on within her borders. She Is not party to the conflict, nevertheless her territories are in part belligerent and part neutral. That condition of things in the contemplation of international law Is an anomally, and a contradiction. In this case 1t is creat- ure of a special understanding to which the belligerents have given adhesion with a view to limit the area of hostilties in the interest of foreign intercourse and the general tranquility of China.
 Made in Good Faith.
 "The Japanese government engaged to respect the neutrality of China outside of the regions actually involved in war pro- vided that Russia made similar engage ment, and carried 1t out in good faith The Japanese government considered that they were precluded by this engagement from occupying or making use for war like purposes of any kind of territory ! or parts of China outside of the zone which has been made the theatre of war because 1t seemed to them that any suen occupation would ipso factor convert the places thus occupied and used from neu- tral to belligerent territory.
 s,It equally seemed to them that any rueh occupation in neutral Chinese terri tory or ports by the Russian forces would give effect to the proviso in the Japanese engagement and justify her in considering territory or ports so occupied as oenger- ent. In other words the Japanese govern ment held that China's neutrality IS lm- perfect and applicable only to those places which are not occupied by the armed forces of either belligerent. and Russia cannot escape the consequences Of an un- successful war by moving its army or navy into those portions of China which by arrangement had been made condi- tionally neutral.
 Sought Asylum From Attack.
 A Russian warship from Port Arthur sought in the harbor of Che Foo asylum from attack which her home port had ceased to afford her. In taking that step she was guilty of breach of the neutral- itv of China as established by the agree ment of the belligerents and Japan was fully Justified in rekarding the harpor or Che Foo as belligerent so far as the ln- cident in question Is concerned. With the termination of the incident the neutral- ity of the port was revived.
 The action taken by Japan at Che Foo was direct neutral consequence of Russia's disregard of her engagement hut if Is now alone in this matter and not alone in the Che Foo matter that Russia has violated Chinas neutrality and ignored her own engagements.
 "Shortly after the investment and iso- lation of Port Arthur system Of wire less telegraphy was installed between the beleaguered fortress and the Russian con- sulate at Che Foo The system is still in operation notwithstanding the repeat ed protests of the Japanese government.
 Other Examples of Violation.
 'At Shanghai at the beginning of the war the Russian gunboat Mandur in de- fiance of Chinas neutrality remained in the port for weeks after receiving notice to leave. After negotiations she con- sented to disarm. Again the Russian cruiser Askold and the destroyer Grozovoi have now been at Shanghai for more than week and still refuse to disarm or leave.
 The Japanese government has no in tentior of disregarding Chinas neutrality ic lot.g as it is respected by Russia but they cannot consent that Russian war ships as a result of a broken engage rnent and violated neutrality shall un- challenged find in the harbors of China safe refuge from capture or destruction.
 The statement of the commander of the Ryeshitelni that his ship was dis armed upon arrival at Che Foo is untrue. The v@tfe was fully armed and manned.
 Final Assault Projected.
 St Petersburg, August 01- a m