The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1904-09-17
RUSSIA YIELDS ON TIE
QUESTION OF CONTRABAND
BRITISH INoLINED TO BELIEVE
REPLY SATISFACTORY.

cussiOn VIII Ensue-stin Open Ques-
tiOns OF Principle, but it is Believed
These VIII be Arranged.
London. Sept. 16.-The foreign Office
has received a dispatch from Ambassa-
dor Hardinge at st. Petersburg giving
Russia's reply on the representations
on the subject of the contrabrand of
war While disinclined to express an
opinion, it is understood that the for
eign office considers the reply satis-
factory, inasmnch as the concessions
are a distinct yielding on the part Of
Russia to the claims Of Great Britain.
1t is said at the foreign office that
while anything like crisis was averted
in the reply, 1t does not close the mat
ter and further discussion will ensue.
Sir. Charles Hardinge's dispatch was
forwarded to Premier Balfour, and
pending his action nothing is available
at the for eign office beyond the express
sion of the opinion that the reply goes
a long way toward settling the ques-
tion.
According to the British view there
are still open questions of principle,
but 1t is believed these will be arrang-
ed In the course Of further negotiations.
st. Petersburg, Sept. 16.-Russia has
given her answer to the American and
British notes on the subject Of contra
band of war;. Her answer was commu-
nicated to Ambassador Hardinge this
afternoon verbally by Foreign Minister
Lamsdorff and bears out the predic-
tions on the subject of The Associated
Press. The ambassador was informed
in effect that according to the decision
of the commission which has investi-
gated the subject the government has
agreed to view as of conditionally
contraband character foodstuffs and
fuel and that supplementary instruc-
tions had been issued to the Russian
naval commanders and prize courts cali
ting their attention to the mininterpreta-
ton which had been placed upon the
prize regulations These regulations, Sir
Charles Hardinge was informed, make
h a clear distinction between articles sus-
ceptible to dual use, like fuel, and food
Il stuffs, the assumption being that If they
are addressed to private persons or
4
tended for warlike uses; but their inno-s
cent character may be subject to sus-
picion if the ships papers and the cir
cumstances are Irregular. In effect, the
new instructions will place the burden
OF proof that the foodstuffs, etc, are
designed for belllgerent purposes upon
the cantor. al
The new instructions will involve a
reversal Of the Judgment Of the Vladi-
llvostolz prize court by the admiralty
court in the case of the provisions con-
fiscated.
A direct answer to the American note
is expected tomorrow.
F Russia, in Count Lamsdorffs re-
Z sponse to Ambassador Hardinge, in
4 principle meets the views of the Ameri-
L can and British governments regarding
foodstuffs, coal and other fuel as being
! conditional contraband of war, distinct-
! " plcing them in the category of ar
ticles susceptible In use in both war and
4 peace and as such only confiscable
when conigned to blockaded ports or
destined for the military or naval forces
4 OF the enemy.
Shipments in the ordinary course of
:, trade by private persons or firms, even
I to an enemy's port, may be considered
I prina facie not contraband; but upon
s this point distinct restriction is made.
! The simple fact Of consignment by pri-
4 vate persons does not preclude the pos
N sibility that the articles are not ulti-
N mately destined for belligerent forces,
81 and Russia insists that it be not me-
y cessarily remarked as conclusive. evil
Y dence of the innocent character Of the
! goods. In other words irregular ships
I. papers or other suspicious circum-
! stances might vitiate the assumption Of
Y innocent character; but where such
! suspicion is raised the burden of proof
= to warrant legal seizure is to rest upon
! the captor. Count Lamsdoriff pointed
N out, however, that captains Of mer-
!. chantmen also owed a duty in such
:. cses.
4 Count Lamsdorff's report was not
y presented Iii writing form, but was
communicated verbally to Ambassador
!. Hardinge It will not involve public
b amendment of Russian contraband and
& prize regulations, but in effect it be-
I comes n official Interpretation of the
original regulations made by the COM
N OF the Minister of Foreign Affair, Mar
& mission composed of representatives
j Inc War and Justice. This body con-
!, sidered the subject in connection with
+ the objections raised by the United
States and Great Britain, and as such
will herefter govern naval commanders
n and prize courts, whic hthus far in
Il the war hive classed all articles enurn-
Il erted in article six Of the Russian regu-
ulations as absolute contraband. In
X this way Russia preserves her dignity by
4 not making an ope nurrender, at the
Il same time consenting to the interpre-
u tation asked for by the United States
and Great Britain in the interest of the
rights of neutrl commerce. In some re-
spects, however, there is good ground
d for the belief tht the contention of the
Unite dSttes that railway material and
/ certain kinds of machinery be classed
d as conditional contraband will not be
accepted. To that extent Count Lams-
Tl dorff's reply to Ambassador Mccormick
h may not be satisfactory to the United
al States. Count Lamsdorffs victory In
Il this controversy, while not absolutely
complete, is perhaps noteworthy as