Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-07-27
HAS FORMAL PROTEST
Complaint to State Depart
ment Against Russia.
CASE OF THE ARABIA
SEIZURE OF CARGO OF FLOUR
WORTH 100000.
Officials Decline to Announce What
Course They Intend to Pursue-The
Presidents Proclamation.

PreS1QentS PROCLAMATION.
At last the State Department has before
II formal protest against the action or
the Russian navy in seizing American
goods. The absence of anything more than
mere newspaper statements and unofficial
representations by attorneys for the owners
of American ships and cargoes has up TO
this moment prevented the State Depart
ment from doing more than make a quiet
but effective study of the law and prece-
dents relating to the seizure of neutral
property by bellgerents, but that work has
not been wasted, for the department now
Is prepared to act enorgetically and with
out loss OF time on the subject upon the
basis of today's complaint.
Mr.. Mitchell's Statement.
This related to the seizure of an Amer
lean cargo on board the Hamburg Amer
lean steamer Arabia, bound from Port
land. Ore. for Hongkong. China. ]. H.
Mitchell. an attorney OF Portland. tele-
graphed the State Department a statement
of the conditions under which the Arabia
carried out this cargo. Mr.. Mitchell stated
that he represented the Portland Milling
Company, which had shipped on the Arabia
for Hongkong 90 600 sacks of flour, worth
about 100000. He declared that that -four
was On no sense contraband. for 1t was not
destined for Japan. and II was part OF the
normal trade of the company and was not
a war order Mr. Mitchell requested the
State Department to take the necessary
steps to obtain indemnity and satisfaction
for the owners OF the -four and also to pro-
tect legitimate neutral trade from such
serious interference as these attacks by
the Vladivostok squadron.
Maxwell Evarts and D. A. Chambers, two
of yaff at ri m
during the forenoon in connection with the
same seizure. but 1t Is understood that they
had been completely anticipated in their
mission by the telegraphed statement OF
Mr.. Mitchell. SO that Acting Secretary Adee
very promptly referred them to the solicitor
for the department, who already had be-
fore him the protest of the Portland Milling
Company.
Department Officials Reticent.
The department officials declined positive
ly to say what course they intend to pursue
in this matter. combining their statements
to the declaration that there will be in
considerable action. but that the whole sub
ject of interference with United States
trade by belligerents In the present war
will be taken into consideration. and each
protest that may be forwarded Will be part
of uniform and consistent policy to be
followed by the department Little Is
known by the department so far as to the
circumstances connected with the seizure
OF the Arabia and her cargo. and, as the
vessel was under a German flag, it is pre-
sumed that Berlin will be likely to receive
the first reports of an official character.
None of the attorneys even actually knew
from any of their own principals that the
ship had been seized so that the basis for
that belief rests SO far upon newspaper
publications.
Position of This Government.
The last previous official word on the sub
ject indicating the position of the govern
ment is that contained in the proclamation
of President Roosevelt of February IL last.
just fter the outbreak Of the war. This was
little different from the ordinary neu-
trality proclamation. and in addition to en-
joining the citizens, of the United States to
refrain from organizing military exped-
tons in aid of the bellgerents, contained
this clear statement for the benefit of many
inquiring ship owners and exporting mer-
camille houses:
And that while all persons may law
fully, and without restriction by reason of
the aforesaid state of war, manufacture
and sell within the United States arms
and munitions of war, and other articles
ordinarily known 'contraband of war,
yet they cannot carry such articles upon
the high seas for the use or service OF
either belligerent. nor can they transport
soldiers and officers of either, or attempt
to break any blockade which may be law
fully established and maintained during the
war without mourning the risk of hostile
capture and the penalties denounced by the
law OF nations in that behalf. And l do
hereby give notice that all citizens of the
United States and others who may claim
the protection of this government, who may
misconduct themselves In the premises will
do so at their peril, and that they can in
no wise obtain any protection from the
government of the United States against
the consequences of their misconduct"
This makes clear to mercantile and Ship
ping interests the Presidents view that 1t
Is not in violation of United States law to
ship contraband, but that II must be Ship
ped at the owners risk and is subject to
SEIZURE
While there Is no authority for declaring
positively the policy of the State Depart
ment respecting the recent seizures and
sinking of vessels with American cargoes
attention may be drawn TO the fact that in
the latest edition OF Halls international
law. a British work held in the highest es-
TEEN here as an authority, the doctrine is
laid down without qualification that a neu-
trail ship must not be sunk by a belligerent;
that II the detained vessel cannot be sent to
port she must be released and must not be
sunk. This doctrine bears precisely upon
the case of the Knight Commander so far
as the facts are now known.
The Japanese legation has received the
ioho~lng dispatch from the foreign Office
at Tokyo:
The story told by the captain OF the
British steamer Tsinan which arrived at
Yokohama. follows:
our ship on her way from Manila to
Yokohama, by way OF Hong Kong was
stopped by three Russian men-of-war on
July "a at point about twenty miles off
the coast of lZu, and after an examination
or cargo was permitted to proceed to Yoko-
hama. AT the request of the Russians the
Tsinan took aboard the crew OF the British
steamer knight Commander and brought
them TO Yokohama. According to the story
OF the crew OF the knight Commander on
the 24th instant the vessel met three Rus
sian men-of-war on the coast OF Izu The
Russian officers after examining the cargo
or the steamer took the captain aboard
one or their vessels and then ordered the
crew to leave the ship giving them ten
minutes for this purpose Immediately on
the expiration of this time the vessel was
fired on and sunk. The Knight Commander
was on her way from New York to Yoko-
hama Via Shanghai and had railway ma
terials and coal aboard. The crew of the
knight Commander were witnesses Of the
sinking OF two Japanese sailing vessels by
Russian men-of-war In these cases the
Russians made no signal to the Japanese
vessels and did not search them but SIM
ply sank them. AS no attempt was made
on the part of the Russians TO rescue the
crews of these vessels all of them must
have been