New-York tribune., 1904-08-07
RULES FOR CONTR4B4ND.
Russia's Position-4ttitude of the
United States Praised.

-. Petersburg. Aug. 6.-Russia has coulmuni-
Gated 10 the United States the decision Of the
Fladivostok prize court in the case Of the Port
land and Asiatic Line steamer Arabia, confis-
eating such part OF the cargo as was consigned
10 japanese ports
The Foreign Office IS carefully considering the
objections raised abroad in regard 10 Russia's
list Of contraband, but no decision has beet
reached Russias apparent desire is 10 avoid
the irritation Of neutral powers as much as pos
sible. II is. however. pointed out that when the
hst was published no power objected. Great
Britain NOT raising even a formal objection
until several months had elapsed Russa's po-
s!tion as stated by Al official who speaks with
authority. is as follows.
Foodstuf consigned 10 an enenv.z rort in sur-
hcient quantity TO create the presumption that
II IS intended for the use OF the government ;
lll-llary or naval forces is priua facie contra
band and sufficient 20 warrant holding il for
the decision Of prize court Ever If consigned
10 private firms. the burden of nrooT rhar II IS
nos intended for the governments rests upon the
consignor and consignee. II IL can be proved
TAT II IS intended for non-conbatants il viii
not be connscated- Small consiguments of food
stun II mixed carGoes viii be considered pre-
slnptivey 10 be regular trade shipments and
VIII not be seized as coRtraband.
Russia has not yet replied 70 Great Erttain's
protest on the subject
The "Novoe Vrenya" to-day published a lead
Ing editorial entitled "Tne Discretion OF the
Washington Diplomats" which says This is
al the more agreeable, as the Washington state
Department has not always observed such iu-
diciousness when dealing with Russia The ed
ito-ial adds
This time Secretary Hay according tc TIE dis
patches, has taken the consideration OF the
seizure OF American goods bound Tor Japan
with cirCuHspection. endeavoring 10 avoid rails
ing side issues ana keeping in view the sole OBJ
1ect Of assuring protection for American trade
IN the Far East 70 the extent permitted by in
rerDaJlonal law in time OF war. MI. Hay has
taken q praiseworrhy step in sounding the pow
eCs through the American representatives abroad
regarding the seizures. instead Of forwarding
q brusque note 10 Russia through TIE American
Ambassador here. This leads us TO hope that
no serious misunderstanding VIII arise between
81 Petersburg and Washington.
America is chiefly interested in our declara-
. tion that foodstuffs are contra band, and the
Washington government seems not especially
. inclined 10 insist on the exclusion Of all food
stuffs as contra band. only insisting that food
stu1fs 10 be contraband must be destined d.
rectiy for the use Of the military forces Of a
beligerelt. Il may not be difficult 10 convince
Washington Of cases in which foOdstufs osJen-
sibIy intended for private persons can pass into
the hands Of the military after being delivere ]
% private persons or better stH perhaps the
diplomats may be able 10 suggest some method
guaranteeing that foodsruffs shall not pass 70
q belligerents forces.
IN view Of the considers tely discreet handling
OF this question. and the manifest desire Of both
sides 10 avoid eXaggeratIng II into incl
dent" il is possible TO bring both points Of view
! into accord