The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-09-23
ARE
NOT %CONTRABAND
Rgss;a Yields Point on Which
Britain and United States
Insisted.
ONE EXCEPTION is MADE
When Consigned to Private Parties.
However, Foodstufs Will Not Be
Held Liable to Seizure as
War Materials.

st. Petersburg, Sept. 19.-Russia has
given her answer to the American and
British notes OF the subject of con-
traband Of war. Her answer was COM
municated to Ambassador Harding this
afternoon verbally by Foreign Minister
Lansdorff and bears out the predic-
lions on the subject by the Associated
Press.
The ambassador was informed in eff
feet that the government has agreed
to view as of a conditionally CONTRA
band character food stutfs and fuel,
and that a supplementary instruction
has been issued to Russian naval COM
manders and prize courts calling their
ttentio to h misinterpretation
which had been placed upon the prize
regulations.
In effect the new Instructions will
place the burden Of proof that food
stuffs, ETC., are designed for belligerent
purposes. upon the captor. The new
instructions will involve a reversal of
court by the admiralty court in the
case of provisions confiscated. A di-
rect answer to the American note is
expected tomorrow.
Russia, in Count Lamsdorff's re-
Spouse to Ambassador Hardinge, in
principle meets the views of the Ameri-
can and British governments regarding
foodstuffs n coa and other fuel as
being conditional c~ontraband, distinctly
placing them in the category of articles
susceptible of uses both in war and in
peace and as such only confiscatable
when consigned to blockaded ports or
destined for military or for naval forces
of the enemy.
Shipments in the ordinary course of
trade by private persons or firms, even
to an enemy's port, may be regarded
prlma facie not c~ontraband, but on
this point distinct reservation is made.
The simple fact of consignment by
possibility that the articles are not
ultimately destinedfo for %belligerent forces
and Russia insists that it be not neces-
sarily regarded as conclusive evidence
of the innocent character of the goods.
In other words, irregular papers or
other suspicious circumstances might
vitiate the assumption of innocent
character. but where such suspicion is
raised the burden of proof to warrant
legal seizure is to rest on The captor.
Coun Lamsdorff pointed out, however,
the captains Of merchantmen also
owed Il duty in such cases.
Was Not in Written Form.
Count Landlords reply was not pre-
scented in written form, but was com
municated verbally to Ambassador
Hardinge. 1t will not involve public
amendment of Russian ~contraband and
prize regulations, but in effect it be-
comes an official Interpretation of the
original regulations made by the COM
mission composed of representatives of
the ministries of foreign affairs, ma
rine. war and justice, which considered
the subject in connection with the OBJ
lection raised by the United States and
Great Britain and as such will here
after govern naval commanders and
prize courts, which thus far in the war
have classed all articles enumerated in
article 6 of the Russian regulations as
absolute c~ontraband.
In this way Russia preserves her dig
nifty by not making an open surrender,
at the same time conserving to the in
depreciation asked for by the United
States and Great Britain in the rights
OF neutral commerce.. In some respects.
however. there is good ground for the
belief that the contention OF the United
States that railway metal and certain
kinds of machinery be classed as condi-
tional c%ontraband Will not be accepted.
To that extent Count L~amsdorff's re-
ply to Ambassador Mccormick MAY not
be satisfactory to the United States.
Coun Lamsdorff's victory in this on
1roversy. While not absolutely complete.
is perhaps noteworthy as having been
achieved against powerful adverse in
~fiuences. AT one time it seemed doubt
full whether any concessions could be
obtained, but yesterday the ear sane
toned the decision which Count Lams-
dorff communicated to Ambassador
HnrliD1a