The Montgomery advertiser., 1904-09-13
PROTEST OF JAP c(<asUL - .4.-,. %.j &..a-... Objects to Essence of
 the Una. 
 NO ACTION YET TAKEN Washington Awaits Full Re-
 port from San Francisco. An 0mcer of the Russian Transport Says the Vessel May Remain h
 Port UatI End of the War.

Washington. Sept. 12.-The expect ed protest of Japan against allowing the Russian auxiliary cruiser Lena which arrived at San Francisco yester- day, to remain longer than twenty four hours, came today when the Jap anse consul in that city. through the collector of customs. made formal de- mand that the vessel be required 10 leave at the end of that time.
 The collectors telegram ofnctaliy notifying the authorities of the arri,vtl of the Lena and of Japan's protest. was addressed to the secretary of the treasury, who at once sent copies to Acting Secretary of State Adee and Acting Secretary Murray. of tho de- partment of commerce and labor, who has direct Jurisdiction of the matter. The telegram reads as follows:
 Japanese consul has made demand upon me that Russian auxiliary cruiser Lena, arriving at this port eleventh Instant, leave within twenty-four hours The captain reports that he entered for repairs of engines and boilers. principally the latter.
 wiI Make Examination.
 T am requesting the inspector of hulls and boilers to make an examina- ton of vessels machinery with the consent of the Russian consul and the commander of the Lena Can find no authority in the law or regulations for tho collector assuming any authority and request instructions"
 Acting Secretary Murray sent the following despatch to the collector:
 Your telegram sent to Secretary Treasury concerning Russian steam ship Lena received at 4:4o p. m. You should have addressed this department as directed in Circular 29.
 wire this department hour of steamers arrival at your port and con else resume of steamboat inspectors report, and if repairs are necessary the probable time required to complete them. On receipt of particulars the department will furthed instruct you"
 The circular referred to was issnsd' on February 1s of the present. year, immediately after hostilities between Russia and Japan commenced, and be- sides containing the Presidents proc- larnation and the provisions of the statutes relating to neutrality. gave in- structions to collectors that Should any case arise requiring official action. you will communicate the fact to the Department by telegraph"
 Collectors Delay Unexplained.
 - The collectors telegram came after office hours and the officials were some what puzzled that there should have been so much delay in sending 1t. There was a great deal of reticence on the subject on the part of officials of the Department of Commerce and the Blu reau of Navigation, who preferred to await the report of the steamboat in- spector before making any statement. This report, 1t Is expected will be re- ceived some time during the night so that the Lena will have been in port twenty-four hours before the question of her right to lie in for repairs Is determined.
 The Navy Department today received a dispatch from Rear Admiral Goodrich. commanding the navy yard at Mare Island, stating that the Lena had ar rived there and that her commanding officer claimed that his ships engines and boilers were in need of repair. Later in the day the telegram will be referred to the State Department for action
 Secretary. Morton has telegraphed Rear Admiral Goodrich. commander-in- chief of the Pacific Station, directing him to detain the Pacific squadron at San Francisco and to inquire of the commander of the Lena what his inten- tions are.
 Admiral Goodrich's report Of the presence of the Russian transport Lena in San Francisco harbor caused great stir in official circles here. The entry of the ship was entirely unexpected. and was a disagreable event. for 1t had been hoped by the officials that America would escape being drawn into the necessity of making close de- cisions respecting the right or bei- ligerent vessels in our ports
 A Conference Held.
 Secretary Morton promptly sought the advice of the State Department. sending Captain Pillsbury, acting chief of the navigation bureau. over to Act ing Secretary Adee. The latter in turn called for Judge Penfield. the de- partment solicitor. and a conference ensued between the three men last ing half an hour. Then the statement was made that after all this was not a matter which at this stage concerned the State Department. but rather 1t is wihin the Jurisdiction or the treasury department.
 The presence of the Russian trans port. so-called, in San Francisco har- bor involves the application of the United States neutrality laws. and 1t was said at the State Department that 1t was the duty under the presidents proclamation of neutrality for the treasury official there-the collector or customs and the surveyor of the port and the United States district attor- ney in San Francisco to take action necessary in this matter
 In other words the case is purely in- ternational as 1t stands. though 1t may become external at any moment. and thus require action by the State De- partment.
 It Is said at the State Depart ment that fin international law there is no difference in the recognition of a transport and a battleship, though there seemed to be an intimation con- veyed in the San Francisco despatches that the captain of the Russian shin thought otherwise and was disposed to claim exemption from the rules of war applying to naval steamships.
 The Courses Open.
 That being the case. 1t is probable the government here will follow close lv the course pursued by Germany France and China in cases where Rus sian war vessels sought shelter in their harbors.
 The first thing to be done Is to find out the exact condition of the Lena and whether or not there actually, exists need for repairs. If 1t should appear that the vessel is really seaworthy she