Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-11-10
PrecedentS Established Then OF
interest Now in Cruiser
Geier Case

The Star-Bulletin yesterday told the
story OF the informing of the Russian
cruiser Lena at San Francisco. Be-
low is given. the circumstances under
which three Russian warships sought
refuge at Manila and the action in
their case This discussion, which is
from DIR, John Bassett Moore's Inter
national Law Digest" is of peculiar To-
cal interest on account of the intern
ing of the German cruiser Geier.
June 8, 1905. three Russian men,
of.war, the Aurora, the 0leg and the
zemtchug, after an engagement with
the Japanese. sought asylum at Ma
Mia The commander OF the squad
ron Admiral Enquist, stated that the
Aurora and the oleg were seriously
damaged. and that the Zemtchug waa
In bad condition; and he requested
permission to make repairs and to fill
up with provisions and coal. On board
the ships there were 100 wounded men
Permission was at once granted by
the local authorities for the landing Of
a number Of these; and an examina-
tion was made by a United States ma
val board OF the condition of the ships.
1t was found that the Aurora and the
Oleg, which were seriously injured
near the water line, would reQuire, re-
spectively, so to so days to repair,
while the Zemtchug would require
seven; and that none Of them had
coal enough to steam. Admiral En-
quist desired 5000 tons of coal The
facts were Immediately reported by
the authorities In the Philippines to
the war department and the navy de-
partment by which they were in turn
communicated to the department OF
state.
Damage BY Sea and by War.
In memorandum of June S. 1905.
Mr.. w. II. Penfeld. then solicitor of
the department of state, after refer
ring IL to Art vi Of the treaty bE.
Washington of May 3, 1871, by which
II is declared that neutral govern
ment is bound not to permit either
belligerent to make use Of its ports
or waters as the base of naval opera
tons against the other or for the pur-
pose of renewal or, augmentation Of
or the recruitment Of men: (2) to the
clause In the presidents neutrality
proclamation or February IL, 1904.
limiting the stay OF belligerent men,
of-war TO "a hours, except in certain
cases: ca to the similar clause In
the British neutrality proclamation
issued during the Spanish American
war; and ca to the cause in the
neutrality rules promulgated by the
Italian government in 1854, and again
in 1898, forbidding the increase, under
pretext of repairs, of warlike force by
belligerent ships. or the execution IN
der such pretext, OF any work that
could in any way add to their lighting
strength expressed the opinion that
the presidents proclamation OF Feb
ruary II, 1904, in what It said cen
corning repairs CT belligerent ships,
referred only to damage caused by
the sea and not to damage caused by
war, and that, If the Russian ships
were permitted to renew their fighting
strength. either by the restoratibn of
their guns or of their armor plate, or
to repair any other damage caused
by the guns of the Japanese feet the
neutral port In which such things
were allowed would become naval
arsenal for the belligerent and a base
CT his hostile operations. He advert.
ed to the internment or the Russian
cruiser Lena at San Francisco. in the
summer OF 1904, on the ground that
the repairs which she required were
SO extensive as to amount to reno
walton Of the ship. although in that