The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-09-28
RUSSIA ON CONTRABAND.

The Russian reply to the American note concern
ing contraband of war seems to be practically the
same as that made to the British note upon the same
subject, says the New York Tribune. 1t may be re-
garded by this government, as it is said to have
been by the British government, as satisfactory 50
far as it goes 1t involves decided recession from
the ground at first taken by Russia, and reversal
of some decisions already made by Russian prize
courts Thus it comedies that there may be innocent
commerce between America and Japan, and that GER
tain articles may may not be contraband, accord
ing to circumstances The latter point is one of the
most important in the case Russia at first declared
that all fuel and all foodstufs should be regarded as
contraband That was direct reversal OF her own
contention of only few years before, and was OBJ
yiousy something to which other nations could not
assent. Now that Russia withdraws from that ex-
treme and extraordinary ground and comedies that
while such goods consigned to the japanese govern
ment and intended for military supplies are still to
be held as contraband- which nobody ever disputed
such goods consigned In good faith to private par
ties for civilian uses are not contraband and are to
be exempt from seizure. Moreover-and this is a
point only second in Importance to the other-the
onus of proving good faith is not thrown upon the
shipper or the captain but the onus of disproving
it is assumed by Russia,
To such extent the Russian reply may be regarded
as satisfactory Indeed, it is more than that 1t
is gratifying being an acknowledgment of the cor
recness of the American contention 1t will go far
toward establishing that contention principle of
international law which will scarcely hereafter be
disputed The thing to be regretted is that the Rus
sian note does not go little further and apply the
same just and reasonable principle to other articles
Of commerce which the United States and other ma
tions regard as in the same category Chief among
such articles are machinery and railroad material,
concerning which this government is making repre-
sentations to Russia The Russian contention is that
such merchandise is invariably to be regarded as
contraband, while the American view is that its
status is conditioned upon circumstances Of destina-
ton and purpose Such goods shipped to the Jap
anese government or to a japanese military con-
tractor might naturally be regarded upon their face,
as contraband Material for military railroad in
Manchuria might be held to be as much contraband
as cannOns and gunpowder. But material for a rail
road in Japan or perhaps even in Korea, would have
nothing to do with the war, and should not be re-
garded as contraband In other words, the rule
should be applied to those goods that Russia has now
consented to apply to fuel and food That is the
general view of the great civilized nations of the
world, and We must hope and expect to see Russia
accept and adopt it.
The question Of contraband Of war has always
been trying one 1t is annoying, even exasperatng,
to one belligerent to other nations conducting
commerce with its enemy, doubtless to that enemys
aid and comfort But the rule Of contraband is pre-
eminently one that works both ways Whatever rule
a nation applies to its enemy'S commerce it must ex
pect to have applied to its own. That consideration
eommends to every belligerent nation not only con
sistency in practice but also the largest possible de-
gree of generosity in the Interpretation of terms and
rules. Moreover, the unmistakabe trend Of inter
national law and international practice now is to-
ward confning war and its injurious effects asI
closely as possible to the actual tbefigerents and
leaving the rest Of the world as free as possibeto
continue industries and commerce just as though
there we're no war. 1t is for this latter wise and
benevolent end that the American government has
been striving ever since the beginning Of this war
It's first step toward it was taken in securing the
assent Of the powers to the recognition and main
tenance Of Chinese neutrality so as to circumscribe
the war territorally and politically. Now it is ef
fecting scarcely less important step in seeking to
crcumscribe the commercial effects Of the war. 1t
has already gained much in that direction. 1t will
be good thing for all concernel-for Russia no