The Norwegian barque Ferm, laden with coal consigned to Messrs Vorwerk & Co., Valparaiso, is detained at Newcastle by order of the Defence Department.

The charterers of the vessel and buyers of the coal are Messrs Krabbenhoft & Bock of Hamburg, represented by Mr Johannsen of Newcastle (who also holds the position of German Vice-Consul in that town).

The Vice-Consul for Norway represents that the ship ought to be allowed to sail with the cargo.

The Secretary, Department of Defence, asks for advice.

The export of coal is not prohibited, except to certain parts of Europe. Nor is coal contraband of war, unless there is proof that it is destined for a naval base of the enemy, or for the enemy's warlike use-of which there is no evidence at all in this case.

There is therefore no ground for detaining the vessel, so far as the nature of the voyage and cargo is concerned.

Of course there is power to temporarily detain any vessel for some ground of military necessity; but the exercise of such power in the case of neutral vessels is extremely rare, and, when considered necessary, is expected to be accompanied by liberal compensation; see Memo. No. 446 M, paras 30-33.⁽¹⁾

The present case does not appear to come within the class of cases to which the Memorandum refers as justifying the detention of a neutral ship; but of course the question of military necessity is for the Minister.

[Vol. 13,p.7]

(1)Presumably a reference to the Secret Instructions referred to in Opinions Nos 543 and 546.