Contraband.
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How the Classification Applies to Motor Vehicles and How It Affects Imports into this Country.
There is a curious confusion of mind existing en the part of many people, who have but a vague idea as to the meaning of the term "Contraband,' as well as to how fax there as application of it to the commercial-vehicle industry as a whole. Soon after the outbreak of hostilities, there was a proclamation issued against the exporting of chassis of a load capacity above 25 cwt. " whole or in part!' As from the 31st August, this prohibition ceased. It may surprise many of our readers to know that there is anot uncommon impression that that original proclamation constituted the declaration of the heavy motor-vehicle as contraband of war, and the withdrawal proclamation dated the 20th August, its release from that definition. As a matter of fact, the order in question had nothing to do with the status of the commercial vehicle as an article which might be legitimately liable to seizure on the high seas. It Was merely a precaution taken in the early days of uncertainty to ensure that available stocks of heavy vehicles, as well as a number of other .productions, should not be depleted in this country, pending the time that the authorities were enabled properly to consider the ruling conditions and the demands which Might arise.. • The status of the commercial vehicle as contraband of war was by implication settled by the Royal Proclamation dated the 5th August: "A PROCLAMATION UNDER SECTION 1 OF TEE EXPORTATION OF ARMS ACT, 1900, THE EXPORTATION FROM THE UNITED KINGDOM ON WARLIKE STORES TO CERTAIN COUNTRIES." One of the opening paragraphs of this particular proclamation reads as follows:
'Now We, by and with the advice aforesaid, do hereby, from and after the date hereto, prohibit the exportation to all foreign ports in Europe and on the Mediterranean and Black Sea, with the exception of these of France, Russia, except the Baltic Ports, Spain and Portugal, of the following articles, being articles which We have judged, capableaof being con-. verted into or Made useful io increasing the quantity of arms, ammunition or military or naval stores that is to say :" (Here 'follows list of. declared• contraband.) We have not the te.xt of similar pronouncements by, the German and Austro-Hungarian Governments, but it may be presumed that they are of similar effect, and it, therefore, becomes useful to settle once and for all any doubts that may exist as to the liability to seizure of imports into this and our Allies' countries of commercial-motor vehicles and their component parts. For that is what it comes to : a declaration as contraband against any article is only effective if enemy nations are in a position to seize it. So long as our Government is able to ensure the safe conduct Of merchant ships,imports declared contraband by the enemy can freely be brought into this country or is dependencies. Attempts to handle such interdicted supplies for destinations in enemy country, or in other countries implied in the proclamation from which we have made an extract as above, will be dealt with effectively by our Government forces or by those of our Allies.
In view of the fact that the contraband proclamation does not in explicit terms mention the commercial vehicle, we have thought it advisable to obtain a statement from a legal authority upon this -subject, and we reproduce this in extenso.
" The. question of the rights of motor-vehicle owners and manufacturers and of the liability of motor vehicles and their component parts to seizure when exported is a matter or great moment at the present time to the whale motor trade and to all those interested in motor vehicles.
"Apart from the Government's rights of seizure in this country, the que,stion of whether a motor vehicle, or any other goods, is liable to seizure on the high seas depends to a large extent on whether such g000s are or can be considered as contraband. Of course the capture of a ship of an alien enemy is lawful generally speaking at all times, unless such ship be employed in a coast fishery or in some religious or philanthropic mission or in conveying exchanged prisoners of war, but the question becomes acute when goods are being carried in a neutral ship.
"Goods are either abaalutely contraband or they are conditionally contraband. Goods absolutely contraband are goods which are fit only for the purposes of war, and goods conditionally contraband are goods which are fit and suitable both for war and for peace. Hence arises the question whether motor, vehicles and their component parts are contraband at, all and if to whether absolUtely, or conditionally'
contraband. . ,•. .
"Having regard to the fact that' nnechathical transport is now being so largely used by all nations' engaged in the present war, not only for convoys and ambulance wagons, but also for scouting, cliaspatell carrying and as armoured vehicles carrying guns, it must be said that motor vehicles can fairly be called contraband. It is still left to decide whether they are absolutely contrabAnd or only conditionally contraband.
"It must not be forgotten that the destination of conditionally contraband goods may make a large difference in deciding whether they are liable tO seizure, for if the port to which they are bound is a port which is at that time carrying on a general commercial trade, it is usually presumed that the articles wore intended for civil use and are accordingly not liable to capture, but on the other hand, if the port is in naval .or military. occupation, • or is a naval or military base or one of naval or military equipment, it is at 'mice presumed that the goadswere intended for military use and are aecordingly.jjable to capture.
In this connection it is intereSting to note the contents of the Declaration of London which, in the list of articles which without -notice may be treated as Contraband of war under the name of absolute contraband, in addition to arms, projectiles, explosives, military wagons, clothing, harness, etc., includes saddle, draught and pack animals suitable for use in war. Now if a horse which is suitable foruse in war, whether it is a -saddle, draught or pack animal, can at once be treated as absolutely contraband, it is difficult to see how, having regard to the present use of motors, one could object to motors being considered absolutely contraband provided only that they were or could easily be made suitable for use for the purposes of convoys, transport, or even for the mere conveyance of officers and men whether for scouting or for transit from one part to another of the operations of war.
"If this conclusion is correct, it would appear that motor vehicles and their distinctive component parts (which latter are always included in the Declaration of London wherever a completed article of any sort is mentioned) are absolutely contraband." Wei expect that the explicit views of our legal authority will be carefully rioted ; they make quite clear the grave risk of attempting to make shipments for Austrian or German buyers. So far as suppliek for Britain or the countries of her Allies go, the risk of capture is small and lessening. All trade for British or allied benefit can virtually be completed without molestation.