El Paso herald. (El Paso, Tex.) 1901-1931, 1915-11-08

diminution i'm the volume Of trade
which the neutral countries in Europe
previously had with the nations at
war
ships Detained Pending Search.
(2)-Detentions by Great Britain
have not been uniformly based on
proofs obtained at the time Of seizure,
but many vessels have been detained
while search was made for evidence
The question has been one Of evidence
TO support the belief of-iu many cases
a bare suspicion Of enemy destina-
ton. or occasionally Of enemy origin
Of the goods involved"
(3)-Attention is directed. with re-
gard to search Of neutral vessels at sea,
to the instructions issued to the naval
commanders Of the United States, Great
Britain, Russia, Japan, Spain, Germany
and France from 1883 to the beginning
OF the present war 10 show that search
in port was not contemplated by the
government Of any OF these countries
Little Authority For Search in Port
t4)-An examination or the opinion
of the most eminent text writer's on the
laws of nations shows that they give
practically no consideration 10 the
question Of search in port outside OF eN-
amina ton in the course Of regular prize
court proceedings"
t5)-AnswerinC the assertion Of
Great Britain that the position Of the
United States in relation Of search at
sea is inconsistent with its practice
during the civil war the note says this
is based upon a "miScOncepuOn-' a
careful search of the records shows
conclusively that there were no in
stances when vessels were brought into
port fOr search prior to institutiug
prize court proceedings. and that zap
lures were not made upon other
grounds than evidence found on the
ship under investigation. and not upon
circumstances ascertained from eNter-
nal sources" 1t is here that secretary
Lansing appends copy OF the instruc-
lions issued to American naval officers
on Aug. IS. 1852
Experts Refufe Britain-s Assertion.
ON answer to the British conten-
ton that conditions relating 10 the size
and seaworthiness of modern carriers
justify bringing vessels into port, there
is cited the report of a board of United
States naval experts, just made, in
which il is declared that it is not
necessary to remove every package Of
a ship's cargo" to establish the character
and nature Of her trace, that the facili-
ties for boarding and inspecting Of
modern ships are in fact greater than
in former times, and that to permit
ships to be taken into port would be a
direct aid to the belHEerents cor
cerned i'm that IL would release bel
Iigerent vessel overhauiing the neutral
from its duty Of search and set IL free
for further belligezent operations
Prize Court Procedure
G.. s and 9)-These points deal with
new procedures in the prize courts the
effect of which the United states com
plains is to subject traders TO risk
Of loss, delay and expense so great and
burdensome as To practically destroy
much OF the export trade OF the United
States to neutral countries of Europe
GO.11)-These discuss the question
of the burden OF proof as to the non
contraband of goods consigned to or
der" the United States arguing that
none of the cases cited by Great Britain
proves that the burden Of proof can
rightly be made TO rest upon the claim
ants
Trade Of Adjoining Countries
O2)-The greatly increased imports
of neutral countries adjoining Great
Britain's enemies cannot be accepted
as laying down a Just or legal rule OF
evidence" that commodities are des-
tined for reeXportation to the belliEer-
ents. such a rule il is argued. offers
too great opportunity for abuse tby
belligerents" and is opposed 10 -thbse
fundamental principles Of justice which
are the foundation Of the Jurisprudence
of the United States and Great Britain
Brftain's Exports Also Increase
03)-Attentiou is directed TO the fact
that Great Britain admits her exports
to neutral countries have also mater
tally increased since the present war
began Thus Great Britain says the
note. shares in creating a condition
which is relied upon as sufficient
ground 10 justify the interccption OF
American goods destined to neutral Eu-