Chargé Eddy to the
Secretary of State.
American Embassy,
St.
Petersburg, November 18,
1905.
No. 279.]
Sir: * * * Relative to the claim of the
Portland and Asiatic Steamship Company for losses occasioned by the
seizure, in July, 1904, of the steamer Arabia, I
have the honor to transmit to you herewith a translation of a note from
the Russian ministry for foreign affairs, dated October 29 (November
11), in reply to mine of October 14/27 on this subject. It is my
intention to consult Mr. Berline, the embassy’s legal adviser, as to
what might be done in this case as soon as he returns from Odessa, where
he is detained on account of the railway strike.
I further transmit to you, for your information, a copy of articles 30
and 87 of the Russian naval prize regulations,b of which mention is made in Count Lamsdorff’s
note.
I have, etc.,
[Page 753]
[Inclosure.—Translation.]
The Minister for Foreign
Affairs to Chargé Eddy.
Ministry for Foreign Affairs,
Second
Department,
St.
Petersburg, October 29,
1905.
No. 10481.]
Mr. Chargé d’affaires: In reply to your
note of the 14/27th, relative to the claim of: the Portland and
Asiatic Steamship Company for losses sustained by that company
through the seizure, in July, 1904, and the detention by the Russian
naval forces of the steamer Arabia, I have
the honor to inform you that the reimbursement of losses caused by
the detention of vessels is foreseen in article 87 of the naval
prize regulations. As to the right to a compensation for these
losses article 30 of the same regulations only recognizes it when it
is established that the detention of the vessel in question was
effected without plausible reason or contrary to the provisions of
law.
With regard to the legal right of the detention of the steamer Arabia this question has already been
examined by the supreme court which resolved in a positive sense by
sentence rendered on November 30, 1904.
For the above-named reasons the claim of the Portland company for the
losses sustained by it through the detention of the steamer Arabia can not have a favorable result, as
the detention has been considered legal.
Nevertheless, should the said company desire to bring a claim for
damages, it is not deprived of the right to lodge a claim to that
effect before the competent prize court.
Returning to you herewith the documents you inclosed with your note
above mentioned,
I avail, etc.,
