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THE OPIUM EVIL.
Article 3 is one of the most important articles of the convention in that it marks the formal adoption of a new principle of international commercial law, which, although in this case applies to opium, was recognized by all the delegates as applicable by future conferences to all commodities in international transit. By article 3 the contracting powers pledge themselves to take measures (a) to prevent the expor- tation of raw opium to countries which have or may prohibit its entry, and (b) to control the exportation of raw opium to countries which regulate or may regulate its importation. This article conven- tionalizes resolution 4 of the International Opium Commission, which was pressed by the American delegation and finally adopted by that cominission. China had for 50 years or more contended against the exportation of Indian opium to China, frankly avowing first by protest and then by legalization of the traffic that she was unable to wholly prevent the inroad of the drug. That contention had been scorned by some of the greatest statesmen and economists of their day, the generally accepted view being that it was the business of a country prohibiting the entry of any drug or commodity to prevent its impor- tation, an exporting country not being greatly concerned with the destination of the exported article.
Upon the ratification by the various Governments of the present convention, by virtue of article 3, it will become an accepted principle of international commercial law that where a country has prohibited the imporation of a drug or commodity, it is the business of a produc- ing country to prevent the exportation of such products to the pro- hibiting country, or to prevent the exportation of such products · unless the exporter conforms to the importation regulations of a regu- lating country. All the delegates recognized that this principle though by this convention specifically applied to the opium traffic- could nevertheless be made applicable to any obnoxious or dangerous commodity in international trade. The adoption of this principle is of great credit to those opium-producing countries vitally affected by it. As concerns the United States and its possessions, in which no opium of any amount is produced, it is of great practical value, and when it becomes effective, will enable the preventive service of the customs to effectually exclude opium except for medicinal pur- poses, as provided for by the opium-exclusion act approved February 9, 1909, proposed legislation to strengthen that act, and Philippines legislation having the same object in view.
By article 4 of the convention the contracting powers pledge them- selves to enact legislation or issue regulations providing that every package containing raw opium intended for export shall be marked so as to indicate its contents provided the shipment exceeds 5 kilo- grams. It was an object of the American delegation to secure that every package of opium for export should bear such marks. But as by Treasury regulation issued under the authority of the opium-exclusion act of February 9, 1909, delivery is made by the customs service of packages of opium containing not less than 100 pounds, it may be said that this article, as adopted by the conference, marks a decided advance on American practice.
By article 5 the contracting powers shall permit only duly author- ized persons to import and export opium. În practice this will mean that all persons importing and exporting opium must eventually receive governmental authorization,
THE OPIUM EVIL.
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Chapter II of the convention is of striking importance, as it provides for the obliteration in a short time of the manufacture, exportation, importation, and use of opium for smoking purposes, and, in the meen- time, for the confining of such manufacture and use to territories where such manufacture and use now obtain by totally forbidding the export of this form of opium to countries which have prohibited its entry and use or to countries which propose in the future to prohibit its entry and use.
The first paragraph of Chapter II defines the substance known as opium prepared for smoking, and by article 6 the contracting powers pledge themselves to take measures for the control, and ultimately effective suppression of the manufacture, domestic traffic in, and use of this form of opium
It
When it is recalled that not 10 years ago there was a large and influential body of public officials and others here and abroad who saw no harm, economic, moral, or otherwise, to oriental peoples, in opium smoking, the importance of article 6 will be recognized marks the right-about of such opinion, and a recognition by the Gov- ernments and peoples concerned that the opium-smoking vice is gen- erally degrading beyond all benefits to revenue that may accrue from the manufacture, importation, exportation, and use of this form of opium, and a determination on the part of those Governments and peoples to bring the vice to a speedy conclusion.
By article 7 the contracting powers pledge themselves to prohibit not only the importation of the smokable form of opium, but also its exportation-thus conforming to one of the principles embraced by thè opium exclusion act of February 9, 1909, and the proposed amend- ment thereto.
By article 8 of the convention the contracting powers which are not yet ready to prohibit the exportation of opium prepared for smok- ing are pledged to restrict the number of places through which such opium may be exported; to probibit its exportation to countries which now or hereafter may prohibit its importation; in the meantime to forbid the shipment of any prepared opium to a country that wishes to restrict its admission, unless the exporter complies with the regulations of the importing country; to take measures to have each parcel exported bear à special mark indicative of the nature of its con- tents, and allow none but specially authorized persons to export this pernicious form of the drug.
It might seem from a hasty reading of article 8 that a general international traffic in prepared opium is sanctioned. But such is not the ease, for it should be borne in mind that where it had become necessary every country represented at the conference had prohibited the importation, and in some cases the exportation and use of this form of opium, and the colonies and possessions of all of the countries except Portugal had passed strict laws forbidding the importation and in most cases the exportation of prepared opium" The notable instance of this not having been done is in the Portuguese Colony of Macau on the China coast, where large quantities of this form of opium have been and are still manufactured both for use in the colony and for exportation the object being colonial revenue The great mass of this opium is intended for Chinese and other consumers in the United States, the Philippine Islands, Canada, and Mexico By the opium exclusion act of February 9, 1909, the importation of this form of the
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