The Birmingham age-herald., 1904-09-17
RUSSIA HAS MADE SOME CONCESSIONS Answer Given 10 British and
 American Notes HARDINGE IS SATISFIED Foodstuffs and Fuel Will Hereafter Be Reqarded Only as conditiOnally
 contraband-Is Victory
 for Lamsdorff.
HARDINGE IS SATISFIED

St. Petersburg September lo.-N'1o p' -Rnssia. has given her answer to the American and British notes on the sup- feet of contraband of war. Her answer was communicated to Ambassador Hard inge this afternoon verbally by Foreign Minister Lamsdorff and bears out the predictions on the subject of the Asso- ciated Press
 The ambassador was informed In ef- feet that according to the decision or the commission which has investigated the subject the government has agreed to view as of conditionally contraband character food stufs and fuel and that supplementary instructions had been issued to the Russian naval commanders and prize courts, calling their attention to the misinterpretation which had been placed upon the prize regulations.
 Makes Clear. Distinctions.
 The instructions, Sir Charles Hardinge was informed, make a clear distinction between the articles enumerated in article of the Russian prize egulations when are susceptible to dual use, like fuel ana foodstuffs the assumption being that II they are addressedn tlvate persons or firms in an enemy's port they are not intended for warllke uses, but thelr ih- nocent character may be subject 10 sus- picion of the ships papers and the cir- cumstances as irregular. In effect the new instructions will place the burden l of nroof that the foodstuffs, etc., are de- | siennd for belligerant purposes upon the captor.
 The new instructions will Involve re- versal of the judgment of the Vladivos- tob court by the admiralty in the case oi provisions confiscated.
 A direct answer to the American note l Is expected tomorrow.
 Suits Uncle Sam.
 Russian in Count Lamsdorff's response to Ambassador Hardinge, in principle meets the views of the American ano British governments regarding loou stuffs. and coal and other fuel as penn 1 conditional contraband or war dlstinctS nlacing them in the category of articles susceptible of uses both in war and peace and as such only confiscable when con signed to blockaded ports or destined loi the military or naval forces Of the eh' emy
 Shinments in the ordinary course oi trade by previous persons Of frfns, ever +o an enemy's port, may be considered nrima facie, not contraband of war; pu' upon this point distinct reservation is made The simple act of consignment by nrivate persons does not preclude the pos sibIlity that the articles are not ultinate- lv destined for belligerent forces ano Russia insists that it be not necessarily regarded as conclusive evidence or the ih- nocent character of the goods. In other
 ..t.G suspicious circumstances, might Vitlate the assumption of innocent character but where such suspicion is raised, the burden of proof to warrant legal seizure is to rest upon the captor.
 Was Communicated Verbally
 Count Lamsdorffs reply was not pre- scented In written form but was commun- icated verbally to Ambassador Hardinge. if will not involve public amendment of Russian contraband, and prize regulations but in effect 1t becomes an oniclal ln- terpretation of the original regulations made by the commission composed or representatives of the ministeries of for- | eign affairs, marine, war and Jusuce, l which considered the subject In connec- tion with the objections raised by the United States and Great Britain, and as l such will hereafter govern all commando CTS and prize courts which thus far in the war have cassed all articles enumerated in article of the Russian regulations as l absolute contraband.
 Count Lamsdorff's victory in the con troversy while not absolutely complete is perhaps noteworthy as having beer achieved against powerful adverse in fiuences. At one time 1t seemed doubtful whether any concessions could be obtain ed, but yesterday the emperor sanction ed the decision which Count Lamsdorf communicated to Ambassador Harding fodaV