Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-12
UNWELC0ME VISITOR
Furry Caused by Russian
Cruisers Arrival.
HURRIED CONFERENCE
MATTER IN TREASURY DEPART
MENTs JURISDICTION.
Exact Condition Of the Vessel to Be
Ascertained-May Be Tied Up
Until War Ends.

quite hurry was caused In OIHclal CHI
Giles this morning by the receipt Of advices
at the Navy Department from Rear Ad-
miral Goodrich, commanding the PACING
squadron, Of the arrival of the Russian
transport Lena at San Francisco yester-
day in disabled condition, thirty-one
days from Vladvostok, by way of the
Sakhalin Islands. Although classed as a
transport the Lena carries twenty-three
guns and has naval complement of twen-
ty-one officers and 497 men.
Admiral Goodrichs report caused gen
eral stir in official and diplomatic circles
The entry of the ship was entirely unex-
pected and was a disagreeable event, for 1t
had been hoped all along by the officials
that the United States would escape the
necessity Of making close decisions respect
ing the rights of belligerent vessels in our
ports. For the fact is freely admitted
that conditions have so changed since our
civil war or any other great national
struggle in which neutrality issues of this
kind were involved, that it Is difficult TO
apply the old maxims Of international law
to these new cases.
The Treasury Departments Control.
So Secretary Morton promptly sought
the advice of the State Department. send
Ing Captain Pillsbury. acting chief of the
navigation bureau, over to see Acting Sec
rotary Adee. The latter in turn called for
Judge Penfield, the departments solicitor,
and a conference ensued between the three
men, lasting half an hour. Then the state
ment was made that after all the Lena
incident was not matter which at this
stage concerned the State Department, but
rather that it is within the Jurisdiction of
the Treasury Department. The presence
of the Russian transport, sO-called, in San
Ero ois har hO
of the United States neutrality laws and
1t was said at the State Department that
it was the duty, under the Presidents proc
lamation of neutrality, for the treasury
officials there-the collector of customs and
surveyor of the portland the United States
district attorney in San Francisco, to take
any action necessary in this matter. In
other words the case is purely internal
as it stands, though it may become ex-
ternal at any moment, and thus require
action by the State Department in the
event that another nation, Japan for in
stance, officially calls attention to the
Lena's presence in San Francisco harbor.
Regarded as Warship.
1t is said at the State Department that
In international law there is no difference
recognized between transport and bat
tie ship, though there seemed to be an
fntimation conveyed in the San Francisco
dispatches that the captain of the Rus
sian snip tnOugnt OlnerWlSe ana was ulS-
posed to claim exemption from the rules
of war applying to naval ships. The only
test which our government applies is the
national character of the ship and her
uses. If she flies the national flag and
is employed in the military and naval serv-
ice of the belligerent to all intents and
purposes she is a warship. But any doubt
that might exist on that point was re-
moved by the statement of the Russian
captain that the purpose of his cruise was
to seize merchant vessels, clearly func-
ton of a warship So the Lena will be
treated exactly as If she were full fiedged
naval vessel.
Condition of the Vessel.
That being the case, 1t is probable that
the government here will follow closely the
course pursued by Germany, France and
China in cases where Russian naval YES
sells sought shelter in their harbors. The
first thing to be done is to find out the
act condition of the Lena, and whether or
not there actually exists need for repairs.
Admiral Goodrich's report received this
morning is to the effect that according to
the Russian captain the ship is unsea-
worthy, owing to the failure Of her boilers
and engines. That statement must be yeri-
fled by examinations made by United States
port officials, who perhaps will call for ex-
pert naval aid from Admiral Goodrich's
fleet. If 1t should appear that the vessel Is
really seaworthy 1t is declared she must go
four hours of notice to our officials of her
arrival in port. She may take on q supply
OF coal, but only sufficient to move her to
the nearest home port, and 1t will be part
Of the understanding upon which that coal
is furnished that 1t Is to be used for no
other purpose. 1t will be specially enjoned
that American ports shall not be made the
basis OF hostile operations against either of
the belligerents. Vladivostok and Port Ar
thur are the nearest Russian ports to San
Francisco, but it is possible that our gov
eminent would recognize the fact that they
are absolutely closed by blockade to the
Lena, and thus sanction the departure of a
ship for Russia southwark by way of the
west coast of South America, Cape Horn
and the Atlantic ocean.
In the event that repairs are found To he
actually necessary the time allowed for
them will be fixed by our government ex-
perts, ana when they are completed though
beyond point just sufficient to make the
vessel seaworthy, she will be allowed to de-
part for Russia II she takes coal in San
francisco, or whence she pleases If she goes
out under her own coal supply.
May Tie Up the Vessel.
1t is believed at the Navy Department
that the conditions will not be allowed to
shape themselves so that the Lena can go
out OF San Francisco harbor to prev on
American commerce, even though that is
carried in japanese bottoms. In fact. the
IMPRESSION prevails tnat the Lena NAV he
tied up at San Francisco, or 'interned.
as the term is, until the end of the war
the crew remaining aboard, If the Japanese
government does not object and that is not
likely, in view of the precedent Just estab-
lished In the case of the Askold 1t Is
possible that the men may be comfortably
Quartered at the training station on Yerba
Buena Island. In the middle of the harbor
1t is believed that the Russian captain will
not be adverse to this internment, as he IS
probably refugee and without hope OF
being able to keep the seas and escape the
penalties Of neutrality laws until some op-
portunity affords for him to carry the
Lena safely through the Japanese blockade
into Vladvostok.
Reported by Japanese Official.
Minister Takahira is not expected to re-
turn to Washington until this afternoon,
Meanwhile cablegram has been received
at the Japanese legation here by Mr.. Hioki.
first secretary from Kisaburo Uyeno, the
Japanese consul general at San Francisco
reporting the arrival of the Lena and Civ.
ing substantially the same explanation of
her presence as was contained in the news
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