1904-10-22 — Page 5

Page

INTIMATIONS

ROBINSON PIANO

LD.

NEW IRON

FRAMED

PIANOS

$425.00

GUARANTEED FOR CLIMATE.

MASTER

PIANO

THE ARABIA" JUDGMENT.

THE HONGKONG DAILY PRESS. SATURDAY OCTOBER 22nd. 1904.

TEXT OF UNITED STATES PROTEST. The following is the text of the protest of the United States Government against the decision of the Russian Government with regard to the cargo of the steamship Arabia. It is in the forra of a Despatch from Mr. Hay to the American Ambassador at St. Peterburg, dated August 30, and communicated by him to Count Lamsdorf:--

The Department has enrefully considered the Note of the Russian Minister of Forsign Affairs dated July 27 last, a copy of which is onclosed with your Daspatch, with reference to

e decision of the Prize Court in the case of the steamship Arabia, containing American cargo, seized by the Russia Naval forces and sent to Vladivostock for adjudication.

"As communicated to you by the Minister. the decision of the Coart was that the steamer Arabie was lawfully scized; that the cargo, composed of railway material and flour, weigh ing about 2,360,000. livros, destined to Japanese ports, and addressed to different commercial houses in said parts, constitutes contrabond of war that the carge bound for Japanese ports should be confiscated as being lawful prize.

for the United States to accept, as indicating 4, either a principle of law or a poliny which a belligerent State may lawfully enforce or pursue towards the United States na neutral,

"With respect to articles and material for telegraphic and telephonie installations, un necessary hardship is imposed by treating then all as contraband of war-oven those articles which are evidently and unquestionably intended With for merely domestic or industrial uses. respect to railway material, the Judgment of the Court appears to proceed in plain violation of the terms of the Imperial Order, according to which they are to be deemed to be contraband of war only if intended for the construction of railways. The United States Government regrets that it could not concede that telegraphic, telephonic, and railway naterials are goufisenble simply because destined to the open commercial ports of a belligerent.

When war exists between powerful Stales, it is vital to the legitimate maritime commeren of noutral States that there be no relaxation of the rule-no deviation from the criterion---- for determining what constitales contraband of war, lawfully subject to belligerent capture, namely warlike nature, nas, and destination. Articles which, like arms and ammunition, › ro by their nature of self-evident warliko nas, are "In communicating the said decision, the contrahaul of war, if destined to enemy's ter Minister observed, in response to the request of ritory; but articles which, like cant, cotton, and this Government for the releise of the non-provisions, though of ordinarily innocent are contraband portion of the cargo, that the capable of warlike usa, are not subject to cap question could only be decided through judicial!ture and confiscation unless shown by evidence PLAYING ALL THE NOTES OF THE channels on the basis of a decision of the Prize to be actually destined for the Military or

Naval forces of a belligerent. Court.

PLAYERS

$385

AND

$500

PLANO $650

PERSONALLY SELECTED PIANOS BY

BECHSTEIN.

KAPS.

KRAUSS.

<

"This is the first authentic information which the Departament has received of the precise grounds on which the Prize Court docided to confiscate the railway matarial and flour in question. The judgment of confiscation appears to be founded on he mere fact that the goode in question were bound for Japanese ports and addressed to various commercial houses in said ports. In view of its well-known attitude. it should hardly som necessary to say that the Government of the United States in

This substantive principle of the law of nations cannot be overridden by a technical rale of the Priz: Court that the owners of the emptured cargo must prove that no part of it may eventually come to the heads of the enemy's forces. The proof is of an impossible nature; and it cannot bo admitted. that the absence of proof. in its nature impossible to make, can justify the seizure and condemna- tion. If it were otherwise, all neutral comunerez with the people of a belligerent State would be

which appears to have been rendered in disable condemnation with the guilty.

"The established principle of discrimination between contraband and non-contraband goods

THE MARINE INSURANCE- MARKET.

FAR EASTERN SHIPPING BUSINESS., The following notes are taken from the London mes

LONDON, 17th September.

NEW PATENT VACUUM TIN.

TO

It does not matter much to underwriters, as such, what commodities are or are not con. traband of war, so long as all parties ara reasonably clear in regard to them. Before the That no articles of warlike use can be con- present war broke out the recognized rule was triband unless destined for actual belligerent purposes." The disregard by the Russians of the distinction between conditional and absolute contraband- speciully as regards provisions, cotton, railway material, &c.- Ind caused the greatest trouble and disturbance in this market; and their recognition now that the actual belligerent purpose of goods must determine whether they are contraband or not is heart ly welcomed. This tardy recognition would appear to remove the last obstacle to the resumption of British steamship sailings to the Far East. Since the big lines withdrew several large British tramp steamers have put into the Par Eastern service, but British trade has suffored and German trade honefited. The practical pro- JOHN tost of British lines has had its desired effect, and it is now to is hoped that they will forthwith go back to the Japan trule.

One point has been overlooked in this war- nemaly, the front advanture enjoyed by a land Power over an island in the matter of contra baud. A. Continental Power at war which has | a neutral nation on its borders can arrange for supplies of every kind by mil and these are entirely free from hostile interference, Goods can also be obtained by such a neutral nation from overses and despatched to the neighbouring belligerent over the land frontier. Had Russia not been fighting so many thousand of miles from home. and at the end of an inadequate railway, she would not have needed to run the risks of sea transport at all. An island, on the other hand, must get all its supplies by sex, and be subject to interference by liestile cruisers. It is this fundamental distinction between a and and a sea Power which makes the principles of contrahand much more important for us than for the great Coutinental Powers.

19th September,

The High Class

ARDATH

SMOKING MIXTURE

MILD. MEDIUM. FULL.

Packed in Patent Vacuum Air-tight Tins. By this mode of paoking, the tobacco retains its magnificent flavour and aroma for any length of time.

Obtainable from LANE CRAWFORD & Co, Ltd, Hong Kong. LELLY WALSH, Ltd. Banufacturers: ARDATH TOBACCO CO,, Worship Stroet, London, E.C.

ROBERTS

149-1

& COMPANY. LTD.

BILLIARD TABLE MAKERS.

BOMBAY,

Undertake to Supply a First-class full sized Billiard Table, dosign No. 1, to following Spellica- tion, visx: on Eight Massive turned Legs, raised panels to Kress, Carved Brackets, Serawad Mouldings, double bolted, bast Welsh Blato Bed, extra heavy solid cushion rails fitted with one new low sot Express Cushions, patent invisible Posket Plates, bast Whipcord Pockets, Six Chalk Cups, Superfins West of England Cloth, and patent adjusting toes with 'ever for tovalling complete with the following accessories: - 1 Selected Ash Cues

1 Butt Rast with Patent Brass Head.

1 Billiard Rest with Patent Brass Head. 1 Long Butt.

1 Mid Butt.

1 Billiard Marking Board. I Dust Cover for Tabis.

straightedge and Circle.

1 Best Spirit Level.

1 Smoothing Iron with Shoo.

nett.

1 Wall Cue Rack.

1 Wall Butt Rack.

1 Sat Billiard Rules, Framed.

1 Best Billiard Brash,

1 Set "Crystalate" or "Bonzoline Bid. Balls.

I Box Best Cue Tips, Assorted.

1 Cue Tip Fastener with File.

I Bottle Cue Coment.

1 Box Silk Spots.

Dozen Best White Chalk.

Paoked and delivered free on Board Hongkong or Shanghai Harbour for the sum of Rs 1,400

Illustrated price lists giving prices and particulars of everything pertaining to billiards can

Hongkong, 1st April, 1904

1927-1

admits of no relaxation or refinement. It uinst rate being 25 guineas per cont. It is uncertain THE CIGARETTES OF THE

A good deal of war risk business is coming forward in connexion with shipments of coal to Japan. Whatever the big lines may do there are plenty of good eargo steamers ready to

East. The absence of captures during the past month keeps rates to Japan fairly low. Steamers carrying steam coal cn Russlan account are being insured in batches. the usual whether those coal steamers starting within the next few weeks will really go to Vladivostock, even if the weather permitted; it is considerad more likely that they will either coal the Baltic warships or assist to form coal supplies at parts owned by benevolent neutrals. There must be at least 40 of these coal steamers now at sea. and more are getting ready.

20th September. Business continues to be uptive in stemmers

unable to admit the validity of the Judgment, impossible: the inuocant would suffer inevit- carry "conditional contraband" to the Forbo had on application from the Offices of this paper. HOPKINSON, regard of the settled law of nations in respect to what constitutes contraband of war. If the Judgment and the communication accompany ing its transmission are to be taken as an ex- pression of the attitude of his Imperial RACHALS. &c. Majesty's Government, and as an interpretation of the Russian Imperial Order of February 29 last; it raises a question of momentous import in its bearing on the rights of neutral

BABY

GRANDS

Hire

OR

Credit

Hongkong, 10th October, 1904.

HIRANO WATER. THE QUEEN OF TABLE WATERS.

F2150

PURE, SPARKLING, INVIGORATING.

THE LEADING MINERAL WATER OF THE EAST Bottled in Japan by H. E. REYNELL & Co,

BEWARE OF JAPANESE IMITATIONS.

F. BLACKHEAD & CO., AGENTS Hongkong, 31st July, 1903.

[1898

CLARKE'S B 41 PILLS are warranted to cure in either sex, all suquired or constitutional from the Discharges Urinary Organs, Gravel, and Pains in the Back. Free frous Mercury. Etablished apwords of 30 years, 2ed by a Chemists and Patent Medicine Vendors throughout the World. Proprietors, THE LINCOLN AND MIDLAND COUNTIES DRUG COMPANY, Lincoln, England

be either inflexibly adhered to, er abandoned by all nations. There is and can he no middle ground. The criterion of wurdiko usefuluess and destination has been ailo pted by the nations, after cominen consent of civilisel centuries of struggle in which each belligerent made indiscriminate warfare ap on all commeren "The Russiau Imperial Order denounces as of all neutral States with the people of the other absolutely contraband of war telegraph, telebelligerent, and which led to reprisals as the phone, and railway materials, and fnel of all

mildest available remedy. kinds without regard to the question whether destined for Military or for purely pacific and Findustrial-ages.

commerce.

"Clauso 5. Article 10, of the Imperial Order denounces as contraband of war Fall articles destined for war on land or soa, as well as rice, provisions and horses, beasts of burden and others (autres) capable of serving a warliks pur- poso, and if they are transported on account of or to the destination of the enemy."

"If the principle which appears to have been declared by the Vladivostock Prize ourt, and which has not so far been disavowed or explained by his Imperial Majesty's Government, is acquiesced in, it means, if carried into full execution, the complete destruction of all neutral commerce with the non-combatan letion of Japen it obviates the necessity of blockadus; it readers meaningless the principle of the Declaration of Paris set forth in the Itaperial Order of February 29 last that a blackade. in order to be obligatory, must be effective; it obliterates all distinction between commerce in contraband and non-contraband goods, and is, in effect, a declaration of war against commerce of every description between the people of a neutral and those of a gerent State.

belli

"The mubiguity of meuning which charac- terises the lang angs of this Clanse, lending it- self to a double interpretation, left its real intendent doubtful. The vagueness of the language need in so important a matter, where a just regard for the rights of neutral com. merce required that it should be clear and explicit, could not fail to excita inquiry among American shippers, who, left in doubt us to the

- You will express to Count Lamsdorff the significance attributed by his Imperial Majesty's deep regret and grave concern with which the Government to the word enemy uncertain Government of the United States has received as to whether it meant enemy Government or his unqualified communication of the decision | of the Prize Court; you will make earnest pro forces, or enemy parts or territory-have been compelled to refuse the shipment of goods of any test against it, and my that the Government character to Japanese ports. The very obscurity of the United States regrets its compete of the terms used secued to contain a destrac-inability to recognise the principle of that decision, and still less to acquieres in it as a tive menace even to legitimate American com-

policy."

196 merce.

MITSU BISHI DOCKYARD AND ENGINE WORKS, NAGASAKI.

CODE WORD: “DOČK” NAGASAKI. A.1, A. B.C., Ecotts and Engineering Code

Used,

DOCK No. 1 (at TATEGAME)

Extreme Length...

523 feet. 513

'Length on Blocks

Width of Entrance on Top

29

Width of Entrance on Bottom,

*?

Water on Blocks at Spring Tide

261

DOCK No. 2 (at MUKAIJIMA.)

Extreme Length...

371 feat

Length on Blocks

350

16

Width of Entrancs on Top

66

4

"Width of Entrance on Bottom...

50

+

Water on Blocks at Spring Tide

JA

+2

PATENT SLIF (at KOSUCE). Can take vessels up to 1,000 tons grosa. VHE WORKS are well equipped with th LATEST IMPROVEMENTS and es: execute any kind of work in SHIPBUILD ING and MARINE ENGINEERING as we as in REPAIRING of SHIPS.

*

"In the interpretation of Clauss 10 of Article 5, and having regard to the traditional attitude of his Imperial Majesty's Government, as well as to the established rule of International Law

with respect to goods which a belligerent may or may not treat as contraband of rar, it soomed to the Governmeal of the United Statos incre- word dible that the word 'autres or the

l'ennemit could be intended to include as con- trabend of war goods, stuffs, fuel, cotton, arid all other articles destined to Japanese ports, irrespective of the question whether they were intended for the support of a non-combatant population or for the use of the Military or Naval forces. In its Circular of June 10 last, communicated by you to the Russian Govern. ment. the Department interpreted the word eneray in a mitigated sense, as well as in accordance with the enlightened and humane principles of Internatirual Law, and therefore it treated the word "enemy,' is used in the context, as meaning enemy Government or forces, and not the enemy ports or territory.",

But if a benign interpretation was placed. on the language nsod, it is because such an interpretation was due to the Russian Govern- mint, between whom and the United States a

The COMPANY has SALVAGE most valued und unbroken friendship has always STEAMER, 712 TONS GROSS, FITTER | existed; and it was no less due to the commerce. with POWERFU SALVAGE PLANT of the latter, inusmuch as the broad interpreta READY at SHOET NOTICE.

1708

VISITORS TO CANTON

purchase FROM HONGKONG TO CANT ON

BY THE PEARL RIVER."

CAPTAIN C. V. LLOYD (s.P

With Illustrations, Maps and Plane.

$1.90

Price

•On Sale at

BY--

** HANKOW

Hongkong: "DAILY PRESS" Office.

MOESTS. KELLY & WALSH.

Messrs. W...BREWER & CO. Messrs. A. 3. WATSON & Co Canton: Hongkong, 4th October, 1903.

tion of the language used woukt imply a total inhibition of legitimate commerce between Japan and the United States, which it would be impossible for the latter to acquiesce in.

"Whatever doubt could exist as to the meaning of the Imporis Order has hoen apparently reuored by the enclosure in your Despatch of the Note from Count Lamsdorff, stating tersely and simply the sentence of the Prize Court. The communication of the decision was made in unqualified terms, and the Department is, therefore, constrained to take notice of the principle on which the con demnation is based, and which it is impossible

or

THE NECESSITY

brashing the teeth morning and evening becomes a pleasure if you use

CALVERT'S

CARBOLIC

Tooth Powder

with its stelicals perfume and agreeable taste.

It preserves the teeth by thorough and antiseptic cleansing, and also gives them the requisite pefish without injuring the enamel.

Calvert's Prickly-heat Scap

Is very serviceable in hot climates 19 a preventive of prickly-heat and other irritation of the skin. It is pleasantly perfuraed and contains 14% Crystal Carbolic. Tlust articles can be readily obtained from: wost Chemists and Storekeepers.

F. C. Calvert & Co., Hanchester,

SULAND

MAKES THE SKIN

us SOFT as VELVET

BEETHAM'S

2560-3

Parola

Removes all

ROUGHNESS. REDNESS, HEAT, IRRITATION, TAN, and KEEPS THE SKIN

SOFT, SMOOTH, and WHIT E ALL THE YEAR ROUND. Delightfully COOLING & REFRESHING

during the enimmer

1/1/9, and 2/6 each. Bottle M. BEETHAM & SON, Cheltenham.

1935

with coal, oil, and stores for Russian account.

It is clear that urgent measures are being taken to secure supplies in Siberin and Manchuria before winter sets in. No doubt most of the vessels which have already reached Far Eastern waters will get through safely, but underwriters ara sceptical as to the weather permitting those steamers to reach Vladivostock which have still to sail from Europe. It would appear from the nature of the stores being insured that thes consist largely of "conditional contraband." and are probably intended for the use of the civil population. It has been known for wome months past that unless large quantities of oil can be got out many Eastern Siberian towns will be in darkness during the winter.

21st September.

There is no doubt that the Germans are getting hold of a large proportion of the cargo business to Japan; that is, ordinary business. other than contraband, which used to be carried vanning for three and six months, with Japanese

in British liners. Contructs have been made.

commercial honses to take all kinds of gents' from Continental ports in German liners. The existence of these contrasts will, of course, ingke it very difficult for the British lines to get back their former business when they do venture ones more to face the possibility of being overhauled by Russian noxiliary cruisers. One of thes cruisers, the Trek (the German Columbia), is reported at Las Palmas These cruisers have done so little as yet that the British shipowners who withdraw from the Japan trade must feel timidity. Lloyd'sagent at Hou kontele rahs that they have reason to recrat their excessive

that the cost of thorough repairs to the American steamer hannut will be £6,500, exclusive of a now stern frame, This is about 111⁄2 por erat. on the value of £144,000 at which the "resol is insured. The Boston Towboat Company's steamera Sham not and Tremont have not brought any proșious claims on underwriters since they started in April, 1902.

22nd September.

The British steamer Foulon Hall, which was at Port Arthur when the war broke out and has been the subject of compensation, for damage by the Russian Government, is reported to have transferrel her coal ergo at Tsintau to a German collier. The movements of this vessel have been watched with interest by und 'rwriters. On her latest voyago Kho was nomially bound from Barry to Manila, but few doubts were entertained as to the real dostivation of her cargo-Port Arthur. Two other steamers of the same mer-the Howick Hall and the Neston Hall-bave also been taking roal to Far Eastern waters. though the actual destinations were not disclosed.

FUTURE.

ONCE SMOKED ALWAYS SMOKED.

E. D. PROTOPAPAS &

FINEST

LOTUS,

ALEXANDRIA & CAIRO, EGYPT.

CO.

EGYPTIAN CIGARETTES.

* Large Siza $5.00 per 1}))"

Gold Tippas Medium Size

$3.75 per 100

ZAFAR,

16153

Underwriters take an anxious interest in these New

Ball" boats, as they wors insured against war risks in a batch last autumn at nominal rates. The policies expiro on October 81.

ROWLAND ODONTO

WHITENS THE TEETH

BREVENTS DECAY

BOLD BY STORES AND CHENAIS

SWEETENS THE B

18583-5

A. LING &

CO., FURNITURE STORE, PLATED, GLASS AND CROCKERY WARE, &o., &; nod FOCHOW LACQUERED WARE. 68, QUEETS BOLD CENTRAL. Hongkong, 21st September, 1903.

[2276

Large Size $4.60 ver 18) Medium Siza 24.20

TRADE MARE.

KARIY,

Large Size $375 per 100

Medium Size $2,50

***HABIT.

Large Size $3.00 per 100 ;

Medium $2.75 per 100

SOLE GENTS FOR HONGKONG :

KRUSE & CO,

CONNAUGHT HOUSE.

ARNHOLD. KARBERG & CO.

Hongkong. 1st October, 1904.

JAPAN

LARGE STOCK

OF

LIGHT RAILWAY

MATERIAL

COALS.

D329

MITSUI BUSSAN KAISHA (MITSUI & CO,

HEAD OFFICE), SURUGA-CHO, TOKYO, LONDON BRANCH-34, I.INE STREET, E.C.

HONGKONG BRANCH-PRINCE'A BUILDINGS, ICE HOUSE STRENT

OTHER BRANCHES:

York, San Francisco, Hamburg, Bombay, Singapore, Sourabaya, Manila, Amoy, Shanghai, Chefoo, Tientsin, Newchwang, Port Arthur, Seoul, Chemulpo, Yokohama, Yokosuka, Nagoya, Osaka, Kobe. Kare, Shimonoseki, Moji. Wakamate Karaten, Nagasaici Kuchinot ju, Sasebo, Maidzuru Miike, Hakodate, Taipeh, &o.

Telegraphic. Address: "MITSUT" (A.B.C. and A. 1 Codas)

CONTRACTORS OF COAL to the Imperial Japanese Navy and Arsenals and the Stato Railways; Principal Railway Companies and Industrial- Works; Home and Foreign Maik and Freight Steamers. SOLE PROPRIETORS of the Famous Miike, Tagawa, Yamano and Ida Cost Mines; and SOLE AGENTS for Hokoku, Hondo, Kanada, Fujinoisas, Mameda, Maunours, Onoara Otsají,

Sasaharu Tanhalmivo, Yoshin tani, Yoshio. Yunakibarn, and other Coals

*. MINAMI, Manager. Hongkong.

ALLEN'S

LUNG BALSAM

Cures deep-seated Coughs and Colds, Croup and all Bronchial Troubles. Small, Medium and Large Bottles.

[1516-3