Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-04
OFFICIALS ARE QUIET
DO NOT CARE TO DISCUSS SEIZ-
URE OF ARABIA.
Question Of Contraband Goods is Deli
cate-Will Await Courts
Proceedings.

The officials Of the State Department do
not care to pass any opinion upon tho
legality, from an international standpoint.
Of the action Of the Russian prize court at
vladivostok in the case of the Arabia. as
reported in today's press dispatches. until
some obscure points in the decision are
cleared UP.
Although the department has finally de-
cided that 1t will not prOmulgate any set
rules which it regards as proper to govern
the conduct Of the mutual commerce and
shipping in belligerent waters or on the
high seas. it will undoubtedly. in the
course Of treatment of the separate cases
of seizure Of United States goods during the
progress Of the war. sufficiently define the
views Of the United States government on
that all important subject.
The Arabia case Is likely to develop
strongly one important contention on the
part Of this government-namely. that food
stuffs on a neutral ship are not subject to
seizure. even in the war zone. provided
they are not intended for the use Of the
army or navy of belligerent.
1t has been supposed that the Russian
government Itself subscribed fully to that
rule. and that Is why Washington Is wait
ing to learn what unknown and qualifying
conditions were developed before the Vladi-
vostok prize court to justify the confisca-
ton Of American -four consigned to Japa-
nese individuals and not to the government
nor intended for its use.
Distinction Made.
1t Is felt here that the Russian govern
ment fully understands the distinction
which Is here drawn between individual
and national property. at least the Wash
ington officials believe that such an under
standing was conveyed by the Russian
government rules communicated by the
car to the Russian senate at the out
break Of the war. and supplied to the State
Department by Ambassador Mccormick.
Rule 10 defining contraband) reads:
I'm general. everything intended for war
fare on land or sea; also rice, foodstuffs,
horses. beasts of burden and other ami
mails which may be used in time OF war.
when they are transported for account OF
or in destination of the enemy.
Now the enemy above referred to is
here regarded as the Japanese government.
and certainly not some merchant doing
business in Yokohama and supplying Amer
lean flour to the working people OF that
city and not receiving 1t in consignment on
account Of the Japanese army or navy. This
view was clearly developed during the
The British government has declared -four
contraband. and their ships seized Amerf-
can -four in neutral bottoms not destined
the British government afterward paid
handsomely, admitting the illegality of the
seizures.
Delicate Matters.
That Is the position of the State Depart
ment today and 1t Is felt here that If the
Russian prize court has not exceeded its
power In the Arabia case 1t must have
developed that the flour confiscated was &C
tually intended for the Japanese govern
ment and not for an individual trader.
Counsel for the Portland Milling Company
were before the department yesterday and
insisted that the entire cargo Of the vessel
was individually consigned and consequent
ly that there was not one pound of contra
band goods liable to seizure aboard the
ship.
But there is no disposition here to pur-
sue this matter in any heat, for it is
pointed out that our own experience as
late as the Spanish war was that these
prize cases are beset with infinite diff
Guilty of adjustment, no two being pre-
cisely alike; that invoices and papers are
not always dependable: that facts are
hard to secure and separate from error
and, finally, that there is much variance
in the view taken by different nations of
their rights of seizures.
Therefore the State Department will pro-
coed deliberately with the preparation of
its case. trying to avoid raising any unnecs-
sary side issues and animated by the single
purpose of securing just that amount OF
protection for American trade with the far
east to which 1t Is entitled under the prin-
ciples Of modern international law.