to a decided case the page mentioned is, in the
absence of any indication to the contrary, invariably that on which the
report of the case commences. I may perhaps also be allowed to say that
he, in my opinion, misapprehends the effect of the passage quoted by him
from the _Felicity_, which decides only that, whatever may be the
justification for the destruction of a neutral prize, the neutral owner
is entitled, as against the captor, to full compensation for the loss
thereby sustained.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Eggishorn, Valais, Suisse, August 14 (1904).
RUSSIAN PRIZE LAW
Sir,--Mr. Gibson Bowles has, I find, addressed to you a letter in which
he attempts to controvert two statements of mine by the simple expedient
of omitting essential portions of each of them.
1. Mr. Bowles having revealed himself as unaware that the mode in which
I had cited a group of cases upon destruction of prizes was the correct
mode, I thought it well to provide him with the rudimentary information
that, "in referring to a decided case, the page, mentioned is, _in the
absence of any indication to the contrary_, invariably that on which the
report of the case commences." He replies that he has found appended to
a citation of a passage in a judgment the page in which this passage
occurs. May I refer him, for an explanation of this phenomenon, to the
words (now italicised) omitted in his quotation of my statement? It is,
of course, common enough, when the reference is obviously not to the
case as a whole but to an extract from it, thus to give a clue to the
extract, the formula then employed being frequently "_at_ page
so-and-so."
2. I had summarised the effect, as I conceive it, of the group of cases
above mentioned in the following terms: "Such action is justifiable only
in cases of the gravest importance to the captor's own State, _after
securing the ship's papers, and subject to the right of the neutral
owners to receive full compensation_." Here, again, while purporting to
quote me, Mr. Bowles omits the all-important words now italicised. I am,
however, maltreated in good company. Mr. Bowles represents Lord Stowell
as holding that destruction of neutral property cannot be justified,
even in cases of the gravest importance to the captor's own State. What
Lord Stowell actually says, in the very passage quoted by Mr. Bowles, is
that "to the neutral can only be justified, under any such
circumstances, by a f
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