CO885-(13-15) — Page 737

No. 17.

(SOUTH AFRICA.)

LAW OFFICERS To' FOREIGN OFFICE.

Uros the information before us, there do not appear to have been any sufficient grounds for taking the "Bundesrath" into Durban on suspicion that any part of her cargo consisted of contraband of war. Under these circumstances, it does not seem to us to be desirable to raise the contention that the presence on board the ship of the four burghers has any bearing upon the question of the damages claimed for her arrest and detention,

In our opinion, unless substantial evidence of suspicious conduct on the part of the ship or of reasonable grounds of suspicion on the part of the captors as to the existence of contraband on board can be brought before the Court, no attempt should be made to resist the claim to pay damages, but the only question which should be contested is that of amount...

2

giving power to the Governor to declare to be strangers persons who notoriously

are not so.

A clause may very properly be inserted, making final the Governor's decision on the question whether any person is an undesirable person or a stranger. It would then be the duty of the Governor to decide on this point according to the facts el each case,

We have. &c.,

RICHARD E. WEBSTER. ROBERT R. FINLAY,

Attached to 3390.

The Right Honourable J. Chamberlain, M.P.,

&c..

&r..

dc.

•

:

•

February 1, 1900,

6296-25-319M

Wt 439 D&S £

R. E. W.

R. B. F.

IN

गय

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

15 PUBLIC RECORD OFFICE, LONDON

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