The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-05-12
ASK RIGHT TO IMPORT ARMS
U. .. ALLOWS MEDICINE AND
room 70 PASS INTO JtAREZ.

! TVVD w FhSS INIV ~ AhEI.
Precedents and Legal Opinions Seem Il
Favor Petition NJ Mexican 1nsur gent,
| Cabinet Ia Pass on the QuestiOr
To-day Knox seems 10 Reverse Knox
WASHINGTON. May II Representative,
OF the Mexican revolutionists took up will
officials Of the Treasury Department her,
to-day the question OF shipments tc
Juarsz OF arms and ammunition and food
and medical suppliee through the Unit et
States custom house at FL Paso.
Thomas q. Hopkins. q wnshin gtor
lawyer. represented the insurgents H.
presented q telegram from DR. Franciscc
Gomez. saying that food and medioa
supplies were being held up by the Gus.
toms officials AZ Fl Paso Mr. Hopkins
also asked that arms and ammunition
be allowed to pass through
Assistant Secretary Of the Treasury
Curtis consulted Secretary Maoveagh and
later II was announced that food and
medical supplies would he allowed TO &c
through without interference. and tina,
the question Of clearing arms and ammu-
milton would be decidei definitely to-
morrow. Il is believed that a decision
will be forthcoming only after the Cabinet
has considered the question at ito meeting
Most Of the Treasury officials seem
to he OF the opinion that the United States
will not be able 70 interfere in any wav
with the legitimate shipment of arms and
ammunition through the Fl Paso custom
house to Juarez The question has ap
Ia
whether q shipment Of arms and ammu :
milton obviously for usc by the insurrectos
IN their revolt against the Mexican Gov
eminent is not Of itself a part Of an Eek
pedition" as prohibited by the neutrality
laws
The ground for this contention seems
to be very slight. and the general impress
sion 10 that the United States Govern
ment will not attempt 20 interfere with
legitimate ahipments Of arms and ammu-
milton to Juares 80 long a. they are not
accompanied oy an expedition. The
courts and former opinions by the De-
partment Of Justice seem to leave little
room for doubt on this question.
Secretary Knox himself was called upon
when he was Attorney General under
President Roosevelt to decide whether
under existing laws It was possible to re-
strict the expectation Of arms and warlike
materials TO China. At that time there
were dangerous upfisings In the southern
provinces OF that country and II was
charged that the ins,rge were deriving
supplies Of arms and warlike material
from abroad. In his opinion At that time.
which seems to apply definitely In the
case of Mexico. Attorney General Knox
said
The mere shipmept or expectation Of
arms in the way Of commerce to . country
in which there arc inUirreotionazy move
mente does not seem to be prohibited BY
our statutes or by tho Law OF nations. and
for this reason there appears to Do nothing
which ths Department can do In the di-
rection Of restricting the expectation of
arms and warlike materials to China"
Judson Harmon when he was Attorney
General in 1895 reviewed the obligations
imposed by international law upon this
Government with respect to Spain in
regard to the insurrection in Cuba He
said
and munitions OF war by persons in the
United States to persons in Cuba ia not
a violation OF international law. how
ever strong a suspicion there may he that
they are to be used in an instruction
a gainst the Spanish Government.
Judge Brown in the United States
District Court in 1899 on the trial Of several
persons who were indicted for violating
the neutrality laws against Spain said
1T is no offence against the laws of the
United States TO transport arms. am
munition and munitions Of war from
this country to any foreign country as
only If not designed to be in
whether they are to be used
in war or not. In such case the shipper
and transporter Of the arms. ammunition
and munitions Of war only runs the risk
of capture and seizure of such arms
by the foreign Power against whom
In another decision. however. Mr.
Knox. then Attorney General. seems TO
hold a slightly different opinion This
opinion was readered when complaints
were made against the shipments Of
mules by the United States to South
war with the Beers. In this case. however.
the Beers had been recognized a. bel
Mgerents. which is not the case with the
Mexican revolutionists MIR. Knox said in
that decision
1T seems TO he settled that the fact
tn6t neutT8l IuoTCIhllte give ANl 10 tn6
belligerents purely from motives Of gain
seeking does not relieve their Govern
ment from its obligation to prevent it.
II this were otherwise the supplying OF
ships of war with coal sufficient TO enable
them 10 carry on their war affairs would
be in nearly all cases lawful to permit.
and even the supplying them with cannon
and powder.
In determining whether q transaction
OF the kind referred 10. which in one aspect
is commercial in character, 10 yet not
entitled to enjoy the rights belonging to
commeroe. but is prohibited to the neutral
nation and its people az being in aid to
one Of the belligerents in carrying on war
against the other. the criteria are prao-
tically impossible to specify and enume-
rate in advance. Each case that arises
must be considered in all it's circumstances
and determined accordingly"
Advices received here state that AM
basaador Wilson at Mexico city to-day
called a conference of the diplomatic
OF Great Britain. France,
Goryuauy Italy SpniO and Rolui,vp, ne