Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-13
Discussed by the Japanese
Minister.
HAS HAD NO REPORT
DETAILS DEEMED NECESSARY BE-
FORE EXPRESSING OPINION.
Preeedents in Regard to Seizures Are
Confusing and tie Doctrine
is Rather Loose

Mr.. Taxa hfra. the japanese minister here.
had a conference lasting tbree-quarters of
an hour with Secretary Hay today discuss
ing questions growing out of the war, and
particularly the Chefoo incident involving
the cutting out of the Russian torpedo boat
destroyer -Rshitalni. The minister has as
yet nae no formal report from his govern
ment en- that subject, and he deems it nee
essary to have the details at hand before
expressing. any opinion as to the alleged
violation Of neutrality fights in this seizure
He is not sure that the Russian vessel was
actually within the three-mile limit, and
believes that the attack by the Russians
upon the japanese boarding parties is "a
fact of great Importance to be taken into
consideration in weighing the legality of
the seizure.
Precedents Confusing
1t is admitted in the State Department,
as well as in the Navy Department here,
that the doctrine as to seizures is rather
loose and the precedents are confusing. BY
way of justifying the action of the Japa-
nese in the Chefoo case, reference is made
to the case of the famous American priva-
teer. General Armstrong. sunk in Fayal
harbor in 1914 by some British war YES
sells. The question was referred to Napo-
leon as an arbitrator as to whether Por-
tuguese neutrality had been violated by
the action of the British naval officers
The emperor decided In the negative TAX
ing the ground that in order to claim the
protection of a neutral port the crew of
the privateer should not have offered any
resistance, but should simply have ap-
pealed to the Portuguese port authorities
That decision is cited as a governing one
in several works on international law, and
may have a bearing on the Chefoo affair
United States Cannot Be Invoked.
It is said at the State Department that
by no possibility can the United States be
invoked to oblige China, Japan or Russia
to execute faithfully the terms of the
agreements entered into with the powers
at the beginning of the war regarding the
protection of the neutrality of China and
the limitation of the field of war. The
United States simply suggested to several
powers that they address themselves to
the governments of the three countries
named to secure certain objects, and that
suggestion was well received and acted
upon, but there was nothing in the nature
of an obligation incurred by the United
States either acting independently or joint
1y with the other neutral powers to force
either China. Russia or Japan to live up to
the terms of their agreement. 1t would be
a matter of regret to this government If
there should be the slightest departure
from the sound and polite arrangement
then reached. This government can do no
more than use it's moral influence to pre-
serve a compact which has for many
months served ''e purpose of limiting the
field of war and has thereby immeasura bly,
reduced the evils of the present conflict
Russian Cruiser at Shanghai.
United States Consul Goodnow reported
to the State Department today that the
Russian cruiser Askold arrived at Shanghai
today seriously crippled and wanted to
dock. The Taoti, he said. has written the
Russian consul general that the Russian
cruiser and torpedo boat must not remain
at Shanghai more than twenty-four hours.
The Russian consul raises the point that
they are entitled to reasonable time with
in which to make repairs.