The San Francisco call., 1904-08-05
THE LAW OF THE SEA.

Russia and that therefore conduct that respect of
her naval officers is approved This that Russia
labors under the impression that her municipal regua-
tions the law of the If they sanction the sink
ing of all neutral ships, food laden found in the Pacific
the way that ocean, Russia proposes to go on
sinking them following the precedent she set in the
of the Knight Commander and the Thea
The Russian press apparently surprised that
should object this There will be objections never
theless, for Russas dream of achieving the primacy OF
the world and debating other nations their laws and
and still in the pipe and not yet in
the practice
In the evolution of maritime law for the protection OF
all the sea-gong nations, the tendency has been to put
the rights of person and property the high under
the judicial protection that is over both on land
Our system of admiralty law infused with principles
that grew up as the law of the sea from the
time of the Phoenicans 1t further expanded and
enriched by the Wisby laws code that took form when
that ancient of commercial spendor was the center
of the worlds trade But it not sufcient to have
maritime laws applicable to time of peace only So in
the line of evolution, there prize courts to which
ships taken at sea the spoil of must be taken that
the property they carried might have its day in court
Japan has scrupuously observed the law of the by
taking her prizes into prize court where some OF them
have been released not subject to capture Now Rus
sa assumes the right to sink merchant ship the high
SEAS cargo and ALL without resortng to the ormay of
condemnation by prize court, and ST. Petersburg
eve4y principle of Justice. The Russian naval
mander takes upon himself decide whether the cargo
contraband. He adjudicates the whole case himself
inhics penalty adjudged by sinking the ship
1t is true that there may circumstances under which
is lawful destroy contraband in that If the
prize be unseaworhy in such extremity that she cannot
live reach prize court if the captor is unable to
put prize crew aboard of her, it permissible to de-
stroy her. In such the capor the respon-
sby of proving that the facts existed to warrant his
action is known that such facts existed in the
of any of the ships destroyed by Skrydos fleet
They seaworty and he had plenty of for prize
crews Under such circumstances the act wanton
piracy. The Knight Commander her way to
Singapore She might have been loaded to the Plmsol
line with and ammunition for the Straits Settle
ments but her cargo contraband not consigned
belligerent
The destruction of the ship under such circumstances
was mere piracy which Skrydlo and his officers if
captured ysbe hanged at the yardarm.
Among the assumptions of Russia is that she has
the right to say what is contraband of This
more be conceded than the right sink merchantmen
without resorting prize court. She puts coal and
foodstuffs in the contraband list. international law
puts neither there except dscrminatingly During the
Boer Lord Salisbury laid down the correct principle
to the effect that Foodsuffs with hostile destination
can be considered contraband of only ii they
supplied for the enemys forces 1t is not sufficient that
they capable of being used it be shown that
this was fact their destination at the time of seizure
Therefore foodstufs such consigned in ordinary
commerce for the of non-combatants and des-
tined for armed forces in the actual of military
operations contraband. To this view the United
States assented The principle applies to coal and
other articles on the Russian list of conraband 1t will
be seen Lord Salsburys definition is the interest
commercial rights and of civilized intercourse. The
Russian idea is reactionary and barbarous
There is necessity to appeal to the general prn-
cples of international law to expose the inability of Rus
a to set UP herself the law of the In the Berng
Sea arbitration that question the issue Russia and
the United States claimed Bering Sea clau-
sum- subject the control only of their municipal law
within the jurisdiction of each The Paris arbitration
consisted of Justice Harlan of Supreme Court
Hannen, Lord Of Appeal Great Britain, with Baron
Alphonse de Cource, French Senator umpire
They decided the question which Russia to
reopen and They held Bering Sea not mare
clausum part of the high SEAS and therefore
pable of the municipal jurisdiction of any The
French member concurred with Lord Hannen in this
view Later that decision affirmed at the Hague
Court by Dr. Asser. and Russia was muct in damages
for the seizure of American sealing ships under the pre-
tense they had violated her municipal law beyond
the three-mile limit from the shores of Bering Sea.
This decision that is necessary to go
searching among the general principles of international
law to find their application to Russas preposterous
claim The Paris and Hague arbtrations have done that
for u.s. and decisions stamp Russias position unten-
able This being her continued assertion of authority
to say what is contraband and to sink merchantmen on
the high piracy, more, less and she is skirt
ing the edge of peril if she continue.
An effort fortunately unsuccessful was made tb.
other day by hunters to murder of the game
dens of Mendocino County While the intended victim,
may be congratulated his his experience NAV