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

The Star-Bulietfu 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 DR.. 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 Oleg and the
Zemtchug.s after an engagement with
the Japanese sought asylum at Ma
Mia The commander OF the squat
ron Admiral Enquist, stated that the
Aurora and the Oleg were seriously
damaged, and that the Zemtchug was
in bad condition; and he requested
permission to make repairs and to I'LL
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
q number OF these; and an examina-
ticn was made by a. United States ma.
val board OF the condition OF the ships
IL was found that the Aurora and the
oleg, which were seriously injured
near the water line, would require, res
spectiyely, 80 to 80 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-
partmeft 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. L Penneld, then solicitor OF
the department OF state, after refer
ring "a to Art. VI Of the treaty of
Washington of May g, 1871, by which
II Is declared that a neutral govern
ment u bound not 20 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
supplies Of arms and munitions OF war
or the recruitment Of men; ca to the
clause in the presidents neutrality
proclamation Of February IL, 1904,
limiting the stay Of beiligerent men
cf-war to "a hours, except in certain
cases: f31 to the similar clause in
the British neutrality Proclamation
issued during the Spanish-American
war; and (4l to the clause in the
neutrality rules promulgated by the
Italian government in 1864, and again
IN 1893. fofbidding the increase, under
pretext Of repairs. Of warlike force by
belligerent ships, or the execution I'M
der such pretext, Of any work that
could In any way add to their fighting
strength; expressed the opinion that
the presidents proclamation of Feb
ruary II. 1904, in what It said con-
corning repairs CT belIlgerent ships.
referred only to damage caused by
the sea and not to damage caused by
war, end that, If the Russian ships
we're permitted to renew their lighting
strength, either by the restoration Of
their guns or Of their Sfnor plate. or
to repair any ether Damage caused
by the guns Of the Japanese fleet the
neutral port In which such things
were allowed would become 4 navai
arsenal for the belligerent and a base
CT his hostile operations. He advert.
ed to the internment or the Russian
cruiser Lena &C San Francisco. ia the
summer Of 1904. on the ground that
the repairs which she required were
20 extensive as to amount to reno
walton Ct the ship. although in that