1905-08-03 — Page 5

THE

ROBINSON

PIANO CO.,

LIMITED. PIANOFORTE-

MANUFACTURERS

TUNERS.

POLISHERS

THE CONFISCATION OF THE

SCOTSMAN".

DECISION OF THE COURT.

TEXT OF JUDGMENT.

THE HONGKONG DAILY PRESE, THURSDAY, AUGUST 3ɛD, 1905.

the East has mans Chinese and Koreans oni. tions of the relative naval power at the

The text of the judgment in the Scoleman cm, which is likely to arouse good deal of. juterast mong students of international law, hes now hew, published. T'h petiffeners in the case were the London Steamship flompang, of No. 20 rent St. Helens, London, their legal representative in Japan beng Mr. Akiyama Gonzo.

The Court decides that the capture of the British steamer Scalan having been init quired into, the vessel is adjudged a lawfal prize nel gives the following "facts and

|

**

plusel who use rie- for their regular food disposal of Rassla and Japan respectively. But From the above stated fants tho rico which all's well that ends well, and the victory of the forms the eargo of the atour in question Japan Ses was a tribute to the naval effliener roust be regarded as military provisions belong and splendid spirit of the Japanese personzet. Bat it is the materiel for the future that is now. ing to the Russian Government; consequently it is right to consitter the rice us contraband of | secupying Japan's serious attention. Two fine war. Referring to the spinions of the Cen- battleships tiave been launched andfare complet tinental scholars or international law anding in Enghad to ord r of the Japanese Govora. Dr. Holland of England. as well as the ment, the Kafori, 15,950 tons, at Barrow, and the precedents in the wars intween Franes atal Kushime, 164 tons, at Elwick. We now note. China, and Japan and Claus. the representative that it is moderstood that two more huge battle-

all countries ships have been ordero 1

ere in England MASATS. of the petitioners said that not only as contraband of war, hot that theory and agree in their prinsiplas in not considering rice Viskors: Sons, and Maxim are preparing to lay and down the kneel of one of these vessels, which practice recognise it. However, De Hallund will displace about 10,00) tons, excendis hy is olear that ries is to be conveyed to the and Agamemnon. No detail aro yot. known as and other scholars in England decided that if 2,500 tona: the British battleships Lord Nelson ay's army or uavy or their fortifications. to the other veel, which it is believed will be it shall be considered as contraband of war. built at an East Coast yard. These two mon The steamer Statuan is a merchant ship By the protest presented by the British Govern of war will be the largest and the most powerful ment against Bassin's treating rico as absolute in the world. But that is not all, by any moans. belonging to le petitioners, registered ir

contraband in the present war saying that Jagan is now entering the category of battleship London, England, and is under the British flag-although the British Gorramani may re: building powers. Wo see that she has beznu the By a charter-party signed between Dodwell &

construction of another 191600 ton battleship at cognise the belligerents treating rico as

· Co.. who are the zents of the petitioners conditional contraband of war, is in contraty Yokosuka, ued that ut Kare two armoured

(

ompa

Shang

to the interactions low and its practices to ernísers of an especially formidable type, 13,500 bu (this Company. WAS 14 February, 1905, and all its business we treat it as absolute coutralan4" (instriolion tonn nach, acu well in hand. It is no secret now sferred to A. Chuzalen & Co, Shanghai), given to Sir Charles Hardings, British that it is from the United States that Jasan hat

Ambassador to Russia, by Lord Lansdowne book drawing supplies of machinery and. 4th January, 1945, in Shanghai, the stoner Stay of Foreign Affairs on June 1st of enres for the installation of abip-yards equal to and. taken o bened about 20,000 bugs (alont 14,000 pond in reght) of Saigon rica at Saigen for the purpose of conv ying it to Viali rostok, Russ, its consignors boing P. Rouzy P. Ville, the agents of R. Pries & Cu at Saigon, and tip consignos was medo "to order" in the bill of huling. Without the charter-party

ANDE has and R. Perest

REPAIRERS.

BEG TO CALL ATTENTION TO THEIR EXTENSIVE STOCK

UTORAKERNAV15||

OF

001

on turd the steamer milled from Saigon en

HIGH-CLASS INSTRUMENTS, January 24h of the same year, Vladivostok

THEIR

BOTH OF

OWN MAKE '

AND THE

LEADING BRITISH,

CONTINENTAL

AND

AMERICAN HOUSES.

PRICES WHICHI DEFY

COMPETITION.

MUSIC AND MUSICAL INSTRUMENTS OF EVERY DESCRIPTION.

CASH OR HIRE PURCHASE

SYSTEM,

Hongkong, 29th July, 1905.

[1363

being her destination. Shareached Hongkong on the 29th of the same mouth. After 1 Hongkong en February 16th, she tooks round about e urse to make her way to Vladivostok by passing Touran Straits, but he was goized by M. torn-to-beat No. 30 in the vicinity

Bass

HAPPY

No. 1 ou Rasin, Parliamentary Buthe turning out of this biggest type of battleship. In one Anteriena commercial journal we segues 5. wo can see what is the principle of England From the theory and practice of the of American orders for 800 tons of structural United Stats of America, it is also plain that steel for Osika no sennt; for factory equipment. that country has the same principle as Englod. I duamos, shifting, stood plates, and lathes for while Russia realrico as contraband, By then, the Juanes marine works where Japanu nu insters we consider that there is no foundation captured Rinian war vessels will be espaired; for this representative saying lit the principles for Juponos steel wire, reling will and blast of all countries are not to treat rice us eontra- furnace plants. the value of the equipment and band of war. The precedent in 13e Francs construction work being upward of $3,000,000 - Chini War raferred to by the representative is for another dupates contrast for all the machin just the same as the British Government's rygsgars again largs rolling mill and blast furnace plant, to be built in connection potest against the Rasking Gorerament in the pressut war. The British tiveram at opposed wife du Japs Government arsenal at Kuro Frames for frosting rics as an absolute contra All this, be it motort, is only a small sample of the of the prevent efficient

of the Shiokubi Lighthouse in Tagaru Straits of war, but it is conditional contrabant.clivity of Americian Hipply in the rapid dewelop

at 7 pm, on the 14th day of the sang month.

The above-mentioned fets aro estblished by The statom at wale Byutaro Tominaga, 2od Lieutenant, ainting officer for the Commander of the torpedo boat No. 30, the statements of in- quiries made to 1st Lienforent NaslaroNagasawa, an aeting officer for the Commander of the sta ship, and Edward Albert Mackenzie, master The 8.8. Scotsinan, the ship's register. lorence papers at Saigon and Hongkong, the turbo mil as the chertor.party, and

as well a

Consulate in Shanghai which have been pro- sented by the petitioners,

The main points of the petition are as Talows:-Although the cargo ou board the

With, wurd to the precedent in the Japan went and expands und dockyards. Clearly

Again, as

Japaness navela

MINING CONCESSIONS IN CHINA,

In the three eastern provinces. To Russia. Karin, Chispiku, Ningku a sud Huchu

GREGOR

& CO.,

34. QUEEN'S ROAD CENTRAL, 1ST FLOOR.

PORTS

FROM

ANDE MAN & CO..

L

OPORTO, PORTUGAL.

$20.00 1 $12.00 per bozen.

GOING!

Y

ETRPICIDE WILL SAVE IT.

GOING!! GONE{I

C

BERPINDE WILL SATE IT,

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China War, what the representative his state may be true, but we on addus the contrary Japan is doing all fir her power to assure to fact that one Government decidel all provisions herself the haurits of her recent naval victory to be conditional contraband of war by. Art. X. over Russia; So long as the Anglo-Japan of the Prize Law enforced at that time, and alliance stands gout, Japan wavally, is unassait- nu alterations were made during the said warable by a coalition of all the other foreign The next point advanced by the representative naval power together, amongst whom it is not in that the chacter-party was not on board heat all necessary include the United States, steander beasase there was no time to forward who would in such a case be a third party to it. But according to thetaman sent obory pegars, the Nikein ja the charter party was courlwled at Shungimi while the steamer was anchored at Koba, ie, an January 4th of this year: the left. Shigon for Vindivostole in the 24th of the same month. arriving

The following figures from United States THE al Hongkong on the 29th, and lea

leaving on February 1st. Therefore, we must consider Cousal-General Fagdale. Teutsiu, China, ars that there was ample time for the charter worldling. He says they are believed to be a completa pelindule of mining concessions mentioned before, we find that party to Java bean forwardel.

the ship granted by the Chin se verament. owners had received a large sum of money for farmi hing the steamer for the transportation

In Shautung To Germany, alkplaces along of rice, to Vladivostok; that they had suti int insurance against the ship is unt cipation of her the Kiacchan a way and almost the whole pro- In Szechuan: To Franco, Kauuliser, Kien- capture by mir mon-cf-war; the according to inco: capital. $80,000,000) Mexican $8,620,000). the statement made by the shipmaster, the con signa of hor cargo was to be notified by an ieri, Weig, Chiklang, Hachau, and Ching- breaker belonging to the Russian Navy, Lading; capital $10.00 1,010 Mexican ($4.770,000). In Shauni: To England, Manghsien, Ping- there is moreover aclause in the charter-party is the effect that the steamer may obtain assista ting, Luan, and Ticchau: capital 10NDO from the ice-breaker; that that shipmaster taeks (8732,900). stated that he had received instructions from the owners concerning the voyage of the ship that the ship look intentionally a round about course to go to Vladivostok; and that sho had a fall cargo of rice, which is contraband of war, and no other orgn on board. Whoo W compare these facts, it can be recognised that the petitioners ut only were aware that the cargo of the steamer sonsisted of military provisions for the Russian Governmeal, but thoy had been knowingly engaged in its trans portation in other words, the petitioners bad performed an action in assistance of the enemy. It is recognised by the theory mai practice of international law that any chip performing such an action shall be confiscated, together with the FRENCH CONDEMNATION OF THE cargo on boat.

chip in question is contraband of war, the ship should not be crafsented with this cargo. for the said cargo does not belong to the owners of the ship. Also, at only the shipower wers unaware of the circumstances of bor Fearrying any contraband of war, hat it is clearly stated in the ships papers that the dotiation of both the ship and the ergo is Vladivostok, and there is no misrepresentation in the papers. The reason why to slip Laul not the chuter-party on hour is that the charter party was concidded in Shanghai while tho ship was in Sairon, and there was no time lo get it sent to her. Moreover rice is not furnished for the army's use only, oven in a case where it is forwardol to a port where tho army is stationed, people other than the array Live on rice therefore many students of inter- antional hold that it is improper to declare "rice contrabant of war, At the time of the South African War Dr. Ho land, after giving an account of-the- wages in England, said that provisions might be considered con traband of war in cases where it was certain that they are to be conveyed to the enemy's army or navy or their fortifications Bren in these cases, however, the captors have only a right to purchase them in proference. 10 188 in the Franco-China war, England made GOSHI-KWAISHAs a protest against France for abandoning the anal principle and treating ring as contra- band of war, from the temporary n-con-ity of (MITSU BISHI CO.)

her strategy, and insisted that this was an error.

As the steamer is to be confiscated for the ! Again, in the Japan Chion war, when China

above-mentioned reasons, wo need not consider England with France strongly opposed this the other points of argument made by fa decision, and it sound that Jaran did not disrepresentative of the petitioners. Therefore, with their objections. Thus in rofusing we give the decision as stated in the tx

The jademat is signed by Kyo Husrava, to regard rics ea contraband of far not only Hong-all countries agros in the principle, but both Presiding Judge of the Yokosuka Priza Caurt, theory and practice recognimit. But supposing and be Cho Watanabe, Minolski. Adachi, Codes that in the present war with Easia Churabaco Sakakibara, and Tato Yamasa,

Associate Judgas.-Japán Chronicle,

Ursu

BISHI

·00AL DEPARTMENT declared ries contralend of war, at that time

MARUNG-UCHI, TOKIO.

Cable Address, Iwasaki,” which applies to all Branch Offices and

koug and Shanghai Agencies. A1, ABC 5th Edition, Western Union

-used.

All Letters Addressed:-

MANAGER, MITHU Buur Co, with name of place under. BRANCH OFFICES;~~· "NAGASAKI, MOJI, KOBE, KARATSU

AND HANKOW."

AGENCIES →

'SHANGHAI; H. J. H. TEIPP.

HONGKONG: H. U. JEFFRIES,

MANILA MACONDRAY & Co.

pgres

In Honan: To England, Houiching and its neighbourhood; capital, 10,000,000 trols, (87.32,000).

In Anhui To Thapar, Hanancheng : capital, 2,590,00 taels 18 1$530,000).

In ChehkiangTo Italy, Youchau, Wen- chau, sad Chuchu: capital, 328 taris (3 680,000).

In Fukien: To France. Ki-nning. Tingchan, and Shuon capital: 7:40.000 tagls (85.16,800).

Kicha: To France: other particula unknown.

In Chibli To Americans, Lowry and Jameson, gold mining claim.

BUREAUCRACY.

The Russian bureaucruns hus not an apologist left in Frans. Anger as well as scorn and indignation is aroused by the latest news from Russia. for it must not be forgotten to what extent the material interests of this country are involved France now so her ally paralysed and a portion of the country's capital in peril. The truth is fully realize, and the fature is contemalated with concern, The issue of peace negotiations va

Neardely effect the internal situation. Things are developing too rapidly. It is, moreover, probable that the One anxiety felt by Jaden all through the method of procedure will be rendere 22 again. That is, ber inability, under the laws cont war she is wisely determined not to encountie cubrous on through the arrangements Tae Russian dele- impisted by Russia.

JAPANESE NAVAL INCREMENT.

дом

said.

a heavy cruisers, from neutral building yards, consist of 31-manure all fold. M. Taulo of nautality, to supply herself with battle hips gation at the conference will. It is

regards rice as contraband of war if it is to be furnished to the enemy's army, then in the case of rica conveyed to a port like Yladistak, which is a trading port us woll as eval purt

not porti in and when trade with the entirely closed, it proper to consider that the rice is to be conveyed to Vladivostok as trading port, and not for the array's uso. There is an example in the doci-tou in the case of the Neptunus during the

or by purchase from mentral building yards, or will, it appara bo ohief legal advisor. war betwoon England and Holland in 1798. by purchaap from the aeries of sentral powers assisted by a staff of sardiasts lawyers. The CHINKIANG: GEARING & Co. Further, Russinas do not use ries for their age rosy narrow battleship in pourparlers my last through August. At all

YOKOHAMA; M. ASAVA, regalar food, but other nationalities living there.

about the first wank in September, Hatsuse and Yashima caused the greatest cou- CONTRACTORS OF COAL to the Indo sa As to be uncertainty of the consignee ossed by Japan after the double loss of the areats, the Russians only expect to return What may perial Japanese Nary and Foreign Navies; the cf. the cargo on the ship, the bill of lading 38 80 made that the consignée is “to order" and no

ceru to friendly naval critics and to the Japs happen, however, hate this and then, both Imperial Arsenals: the Imperial Railway,*****

nes Naval Department The

shooking in Manchuris, if the "is pe armi stico, und in ground Sanyo, Kinshn and the other. Principal Rail ways; Industrial Works; Home and Foreign

inefficiency of the Russian crews, not to Rusia, it is impossible to say, while the coatin speak of their insubordination, was and could gay of a broskdown of negotiations cannot be Mail and Freight Steamers,

be no possible factor this otior esicals loft altogether out of account. EXPORTERS OF COAL to Hongkong Shanghai, lankow Bingapore, Manila, Nor China, Korean ports oud America.

SOLE PROPRIETORS of Takashimar, Oobi, Bhinues, Namozata and Kami-Yamada Collieries and also Hoja Colliery, which will shortly be ready to produce on a large scale the best Buren Cool,

Sale Agents for Rigio, Kouatan (Tagawa) and Yashiroasehi GoalKeratin).

Huspicion on this I can projel arise. To the above-stated reasons the Court is prayed to give a decision to the offert that the steamer in question shall be released.

In considering the case, it has to be borne in mind that Vladivostok is the only Kussin naval port is the Oriont. It is a well-known fact that

tonly is Vladivostok the bass for the Russion feet, hat since the outbreak of the war between Japan and Rassi. the Russian Govorniment has shade it one of its commissary bases and I has general trade st the port huy almast collected its military provisions there, so that ceased. Therefore any cargo like rice which

The Hoad and Branch Offices and the Agen-is on board a steamer and becomes contra- cies of the Company will receive any order for Couls produced from the above Collieries, band of war, if conveyed to Vladivostok must

Coal Bold in 1804 by the Company amounted to 1,520,000 tons.

TAKASHIMA COAL.. Now and additional shafts at the Takashima Colliery have been completed and this well known best and tuost economical steam Coal in the BABT is now produced in abundance and can be supplied in any quantity.

Hongkong, 15th February, 1905.

to considered to be furnished for military. use muless there is strong proof to the contrary Especially dous this apply to the bargo on board this ship, even though the consigoo is made to order" in the bill of lading while according to a statement is by the master of the ship the name of the co- siguen was to be communicated by the sien- breaking ship thereupon her arrival at Vladivos- tok, Alke it the charter-piety there is a F1087 | clause to the effect that upon the ship's arrival.

ut Vadiostok it it touch matry she can baca, dha asistanon of an ice-breaker free of charge. Now according to the Sept- mary of Siberis published by the Rus sau Coast Office in 1901 and 1902, this ice- breckers at Vladivostok belong to the Siberian Fleet of the Bussion Navy. While the gross touage of the steamer in question (Scotsman) is 1.679 tons, and the value of the cargo accardiog to the muifest is oror210,000 fenues, the hire for charter of the ship between

SUN FAT & CO.

MANUFACTURERS AND DEALERS IN LADIES AND CHILDREN'S UNDERWEAR, EMBROIDERIES, BACKS, SILKS, PONEDS,

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•

LBONY FULNITOLS AND FANCY GOODS No. B2, QUEEN'S ROAD CENTRAL, Any Order Promptly Attended l'o Hongkong, 12th Judary, 1905.

ON SALE.

DOUND VOLUMES of the HONGKONG WEEKLY PERSS, January to Jo 1905. With INDEX. Price $7.50.

Cu sals at the Hongkong Daily Press Office, Hongkong 17th July, 190,

Vladivostok amounted to the large Saigon and 5:0 of 250 stering. In the statement prsto by the Master of the ship lie said that he thought the shipowners, in unticipation of the confiscation of the ship, have paid a special y high rate in premium for insurance, su it | chinol be held that the purpose of the steamer was for ordinary trade. The politioners say tlust rice is not the regalar food, of Russians, but it is plain that rice is, according to the Aut for Russian Military Provisions, not only used for military purposes, but the Russian Army'žn

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