The San Francisco call., 1904-09-13

stripped Of her armament and put out
Of commission
The statement Of the repairs needed
TO make the Lena seaworthy was forth
coming after Admiral Goodrich had
ordered Captain Berlinsky to leave
port by o'clock this morning. The
invitation OF Captain Berlinsky that
his ship be inspected was accepted and
Admiral Goodrich sent an engineer TO
make an investigation. The engineers
report was not given out by the ad-
miral. who forwarded il TO Washing
ton.
COLLECTORS POSITION.
While Admiral Goodrich was acting
on his own authority, the Collector OF
the Port. F. S. Stratton, proceeded in
dependently as the representative of
the Department Of Commerce and
Labor. StrattOn made arrangements
10 have the Lena examined by J. X.
Bulger, inspector Of hulls and boilers,
to-day. This was after a hard days
work Of conferences and nisgivings a.
10 the purposes Of the Russian COM
mander.
Collector Strattons brow was knit
and his mouth closed to interviewers
throughout the day, as BELTS thor
ough diplomat He was without a
course during the forenoon, for his au-
thOrity in the situation was underlined
and il was some hours before he heard
from Washington. He was not lack
ing in knowledge Of the international
law 10 be applied in the premises, but
who was TO represent the United States
Government in enforcing the law was
a question that perusal of Federal
statutes would not determine.
II appears that in such cases it rests
with the President to designate who
H-1HH Ia 7s-+ to
ti0ns. In response TO a request for in
structiOns Stratton received a message
In the afternoon from the acting Sec
retary Of Commerce and Labor, Law
renee O. Murray, ordering him to take
fun charge Of the Lena's case. The mat
ter fell 10 the Department of Commerce
and Labor because of its control over
navigation affairs. and the Collector is
attached 10 this department as well as
10 the Treasury.
The days problems for Collector
StrattOn began early. Shortly after 9
o'clock came X. Uyeno, the local Japa-
nese Consul. with a demand that the
Russian warship be ordered TO leave
port within twenty-four hours. The
Consul declared that the United States
Government was expected strictly TO
enforce the neutrality laws against the
Lena
Stratton declined 10 take any action
whatever at that time.
4 am in doubt as 10 how far I have
any authority, if at all in this matter"
said the Collector But I will say that
the United States will act on its own
initiative and VIII insist on its neutral
ity without regard 10 the request of
parties interested. I know thoroughly
what the international law is about the
vessel remaining here. But a warship
Of a foreign power does not enter or
clear through the custom house, and
an therefore in doubt as to my author
ity under international law"
POWER CONFERRED.
The following, section 52ss Of the Re
vised Statutes, was the only enlighten-
ment Collector StrattOn could find in
his search for authority:
Il shall be lawful for the President or such
person as he shall empower for that purpose
10 employ such part OF the land or naval forces
~ the United States or Of the militia thereof
rs shan he necessary 70 compel any foreign
vessel 10 depart from the United States in all
cases ia which by the law Of nations OF the
treaties Of the United States she ought not
20 remain within the United States.
The Collector wired to Washington
a statement Of the demand of the Jap
anese Consul and in reply was direct
ed TO ascertain the correctness of the
Russian commanders representations
as TO the disabled boilers.
The Collector sent for Captain A T.
Berlinsky, commander of the Lena.
and Paul KOsakevitch, the Russian
Consul, TO inform them Of his instruc-
tons. But the matter of arranging
this conference taxed his patience
somewhat. First the Russian digni-
taries sent word that they would be
at the Offices OF the Collector Of the
Port at o'clock. They failed to come.
however, but sent word that they