-ARTICLE 1. Matters relating to the defensive sea area at Kelung are under the direction of the commander of the temporary Kelung submarine detachment.

ART. 2. Vessels other than those employed in the Government service or the regular mail steamers wishing to traverse the defensive sea area must first obtain permission from the commander of the temporary Kelung submarine detachment.

ART. 3. Vessels not in the service of the army or navy before passing or traversing the defensive sea area between the hours of sunset and sunrise must obtain permission from the commander of the temporary Kelung submarine detachment.

ART. 4. While passing through the defensive sea area vessels must not exceed a speed of 5 nautical miles per hour.

ART. 5. Excepting in the districts in which permission has been given by the commander of the, temporary Kelung submarine detachment, fishing is prohibited within the defensive sea area.

ART. 6. In case it is deemed necessary the commander of the temporary Kelung submarine detachment may designate the anchorage for vessels or may limit or prohibit their passage or mooring for a time.

The rules governing the areas are shown by the following statements in regard to different areas:

[Inclosure 3-Translation.]

RULES TO BE OBSERVED BY VESSELS PASSING THE TOKYO BAY, HAKODATE, AND OTARU STRATEGICAL SEA AREAS-TOKYO BAY.

[Issued by the commander in chief of the Yokosuka naval station.]

ARTICLE 1. Vessels passing in or out of Tokyo Bay shall stop their course before they arrive, the former at the line connecting Chiyo-ga-saki on the south side of Uraga Harbor and Kokubohana of Awa Province, and the latter at the line connecting NatsuShima and the sea fort No. 2, and shall signal their names, make the following signals, and wait the arrival of the guide boat:

1. Steamers shall hoist the signal "want pilot," and at the same time shall repeat whistles.

2. Sailing vessels shall hoist the signal "want pilot" and blow signal horn.

ART. 2. In response to the above signals the guide boat shall hoist the " response" flag of the international signal code.

When any vessel is to be allowed freedom of movement the guide boat shall haul down the "response" flag.

ART. 3. The guide boat shall carry at its masthead the pilot flag (white upper, red lower) of the special signals to be used for British vessels as mentioned in the international signal code.

ART. 4. In passing through the area vessels shall not proceed at a speed of more than 5 knots.

ART. 5. No vessels are allowed to cast anchor in any part of the area, except in Uraga Harbor.

ART. 6. Fishing and the taking of sea weeds within the area are prohibited.

ART. 7. When necessary, passage of vessels may for a time be prohibited within the area.

ART. 8. Vessels of less than 20 tons gross or less than 200 "koku," or boats or other craft solely or mainly propelled by oars, may traverse the area without observing the provisions of article 1, subject to such restriction as may at any time be necessary.

ART. 9. Vessels passing the area at night in violation of article 7, shall do so at the risk of being fired upon by torpedo boats or patrol boats.

N. B. The regulations for the strategical sea areas of Hakodate and of Otaru are practically the same as above.

[Inclosure 4.-Translation.]

RULES GOVERNING THE STRATEGICAI. AREA AT NAGASAKI.

[Issued by the commander in chief of Sasebo.]

ARTICLE 1. Vessels which pass in, out of, or anchor in the strategical sea area shall first stop at one of the two places mentioned below, and shall receive from the guard vessel stationed for the purpose directions concerning their movements, beacons, and signals, etc.

This rule shall not apply to vessels belonging to persons living on the coast of the sea area.

ART. 2. The places where vessels are required to stop are:

1. When entering the harbor, 1 mile north of Io-jima Lighthouse.

2. When leaving the harbor, one-half mile east of Takahokojima.

ART. 3. The guard vessel shall be stationed near the two abovementioned places, and shall carry at its masthead the national flag by day and two white lights abreast at night.

ART. 4. The guide boat which shall pilot vessels passing the area shall carry at its masthead the pilot flag (white upper, red lower) of special signals to be used for British vessels as given in the international signal code.

ART. 5. Fishing and the taking of seaweeds within the area are forbidden, except with the permission of the commander in chief of the naval station.

ART. 6. The sea area is under the charge of the commanding officer of the Nagasaki mining corps.

[Inclosure 5.-Translation.]

RULES GOVERNING THE KOTAN STRAIT SEA AREA AT KOBE.

ARTICLE 1. Vessels passing the Ki-Tan Strait strategical sea area shall hoist the national flag and signal their names given in the list of merchant marine, and at night shall carry lights, as required by the rules of the road.

ART. 2. Vessels other than those belonging to the navy or army and those that have obtained permission in accordance with these regulations are prohibited from passing the area.

ART. 3. Vessels passing the area shall stop at the examination station, and after examination and inspection by the guard vessel, shall proceed, hoisting the signal required.

ART. 4. When it is deemed unnecessary to examine any vessel, and she is to be allowed freedom of movement, the guard vessel will signal the fact by hoisting the "answering" and “A” signal of the international code, and at night by showing one blue light. ART. 5. Sailing vessels of less than 20 tons, gross, or of less than 200 "koku," and other craft principally or solely propelled by oars need not stop at the examining station unless ordered to do so.

ART. 6. Small vessels mentioned in the preceding article may fish within the area by day; but the guard vessel may prohibit them when necessary.

ART. 7. Vessels passing the area shall stop during rain or mist, when the landmarks can not be seen, until weather clears.

ART. 8. Vessels permitted to pass Ki-Tan Straits between sunset and sunrise must take the channel between Awaji and Okino-Shima.

ART. 9. Vessels which are compelled to pass the area at night shall apply to the commander in chief of the Kure naval station for a permit, stating the reason, certified by the local authorities. ART. 10. The examination station is about 5 miles south of the Oki-no-Shima Lighthouse.

In several areas the boundaries seem to have run outside the 3-mile limit and even 10 miles from land seems to have been included in some instances. The straits connecting open seas were also included. It is generally held that straits connecting open seas are not to be blockaded.

Case in Russo-Japanese War. The entrance of a vessel flying the French flag, the Quang-nam, to the protected sea area " about the Pescadores Islands during the Russo-Japanese War in 1905 gave rise to a reference to

that "area." The main statement of the attorney for the petitioner was:

The steamship Quang-nam, being the property of the China Coast Voyage Co., located at Paris, France, runs between Saigon, Manila, Philippine Islands, Iloilo, and Cebu. According to a charter entered into between the petitioners and the above company for the use of this ship in the transportation of goods she was loaded at Saigon in the fourth month of 1905 with a cargo consisting of cases of spirits and proceeded to Kamranh Bay, where she delivered her cargo. On her voyage from Kamranh Bay to Manila by way of Hongkong and Shanghai her engine was damaged, so she steamed into the Pescadore Channel with the object of finding harbor or some other ship to get assistance for repairs. She was, however, captured by the Japanese manof-war on the 16th of the fifth month in the above channel. This ship is a neutral ship, and both the petitioners and the charterers are neutral subjects. Besides 130 tons of coal loaded at Shanghai she took on board no contraband person or goods or letter, and the master and others did not know that the vicinity of the Pescadore Islands was the zone over which the "protected sea area" had been proclaimed. Hence, this ship should not have been captured. The written opinion of the public procurator shows that he regarded this ship as employed by the Russian Government and reconnoitering the defenses of Japan and the movements of the Japanese fleet on behalf of the enemy. * The main points of the opinion of the public procurator are: The charter party procured by the petitioners being a private document which might be prepared at any time can not be trusted. Consequently the petitioners are not parties entitled to bring this action; therefore this petition should be rejected. On the other hand, it may be inferred that this ship was chartered by the Russian Government and was engaged in reconnoitering the defenses of Japan and the movements of the Japanese fleet for the benefit of the enemy. Hence she is liable to confiscation. After reviewing and considering the evidence the court concludes as to the Quang-nam:

*

*

That she purposely took a difficult passage between Formosa and the Pescadores under the pretext of going to Manila, and ran into Hatto Channel, was evidently for the purpose of reconnoitering the defenses near those islands, and the movements of the Japanese Squadron. Moreover, the fact that she took on board, at Saigon, Cardiff coal which she never before consumed, that she sailed from Kamranh Bay to Shanghai by way of Hongkong without any cargo, and that, at Shanghai no cargo was loaded, but 130 tons of Cardiff coal were taken on board when

she had more than sufficient coal for her trip to Manila; all these facts must be regarded as means taken in order to accomplish the service of reconnoitering. When a ship, though neutral, has engaged in reconnoitering defenses and the movements of a squadron for the benefit of the enemy, as this ship did, her confiscation is allowed by International Law. For the above reasons this ship should be confiscated. (Takahashi, International Law Russo-Japanese War, pp. 736–738.)

The case was carried to the higher prize court, and the judgment was sustained on the same grounds. Takahashi regards this case as under the category of unneutral service. The court considers that the vessel ran into Hatto Channel "evidently for the purpose of reconnoitering the defenses near those islands, and the movements of the Japanese Squadron." The court said that reconnoitering of this character is just ground for confiscation.

As the area about the Pescadores Islands was a strategical area or a "defense sea area "the presence of the ship within the area seemed to be a circumstance that weighed against its release and an evidence of unneutral service.

Résumé. The practice, nature of regulations, and drift of opinion seem to show that in time of war a belligerent is entitled to take measures for his protection which are not unreasonable. Certainly he is entitled to regulate the use of his territorial waters in such fashion as shall be necessary for his well-being. Similarly a belligerent may be obliged to assume in time of war for his own protection a measure of control over the waters which in time of peace would be outside of his jurisdiction. It is universally admitted that if a neutral vessel is carrying contraband to his opponent, a belligerent may take the vessel to a prize court for adjudication. For such an act the course of the vessel may be changed, and it may be subjected to long delay. Would it be reasonable to contend that the course of a vessel may be changed to keep it out of a specified area because it might there obtain information which would be of vastly