Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-07-27
Shipping of Contraband Must
Be at Owners Risks Sub
ject to Seizure
SHIPPING CIRCLES ARE EXCITED
State Department. Receives Many In
quiries Respecting Seizure of Mer-
chant Vessels and carsoes, and Sink
ing of Ships in the Far East-Last
Official Word On the Subject

Washington. July 27.-The excited
feeling in shipping circles is indi-
Gated by the applications received at
the state department from representa-
tives of various mercantile interests
for Information respecting the seizures
of merchant vessels and cargoes and
the sinking of other ships in the far
east
The attorneys for the American
Trading Company. which is concerned
in the destruction of the cargo of the
knight Commander. have not yet sub
mitted to the state department any
formal demand for indemnity. 1t is
their intention to do so soon, but so
far they have not been able to secure
all OF the data essential 10 the forma-
ton of a claim.
Federal Position.
In the absence OF action by the de-
partment Of state In the case of any
of these seizures and sinkiugs It APP
pears that the last official word on the
subject indicating the position on the
government is that contained in the
proclamation of President Roosevelt of
February II, last. just after the out
break of the war. This was little diff
ferent from the ordinary neutrality
proclamation. and in addition to en-
Joining citizens of the United States
to refrain from organizing military es-
petitions in aid OF the bellRerents,
contained this clear statement for the
benefit OF many inQuiring ship own
Mt la
And that while all persons may law
fully and without restriction by reason
of the aforesaid state OF war. manufac-
ture and sell within the United States
articles ordinarily known as contra
band of war; yet they cannot carry
such articles upon the high sea for the
use or service OF either belligerent. or
can they transport soldiers or officers
of either or attempt to break any
blockade which may be lawfully estab-
lished 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
do hereby give notice that all citizens
of the United States and others who
may claim the protection of this gov
eminent who may misconduct them
selves 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 mis-
conduct"
At Owners Risk.
This makes clear TO mercantile ana
shipping interests the presidents view
that it is not in violation OF United
States law to ship contraband, but that
1t must be shipped at the owners FISK
and is subject to seizure. While there
is no authority for asserting positively
in advance OF an actual test case, thu
policy Of the state department respect
Ing the recent seizures and sinking 81
vessels with American cargoes. atten-
ton may be drawn to the fact that N
the latest edition of Halls Information
al Law, British work held in the
highest esteem as an authority. the
doctrine Is laid down without qualih-
cation that a neutral ship must not be
sunk by q belligerent; that If the de-
tanned 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 known.
The Japanese legation received a
cablegram from the foreign office at
Toxic, giving the story of the captain
OF the British steamer Tsinan regard
ing the sinking of the Knight Com
mander by the vladivostok squadron.
After speaking OF the knight Com
mander crew witnessing the sinking of |
two Japanese sailing vessels by the |
Russian men OF war. as already an
nounced. the dispatch says:
'1n these cases the Russians made |
no signals to the Japanese vessels |
and did not search them, but simply |
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 drowned"
The other details given in the dis
patch have been already published.
CAT AND DOG ARE FISHERS.