The Birmingham age-herald., 1915-12-04

been driven from American waters and | the activities of the Hamburg-Americar | line had ceased that Congress, during | the closing days of the last session and
 at the urgent request of the President, i passed the act which makes such pro-
 ceedings unlawful.
 1 It was understood tonight that while | in the case in New York nothing actu- ally had been proved against Captain | Boy-Ed, in view of the attention at. tracted by the case officials reviewed his record and determined that now was a good time to get both Captain Boy-Ed
 and Captain Won Papen out of the United l States. The state department does not l have to have legal evidence, but can
 act, as it has done in the cases of the
 attaches, upon the question of obnoxious conduct The attaches need not have 1 been guilty of technical violation of any | law.
 1 Von Papen's principal offenses consist
 ed of sending report to the German wal office by Archibald and the interest he ! is said to have had in fomenting strikes l in munitions factories. It was Vor Papen who in a letter taken from Archi-
 bald when the British authoritie. | searched him, made reference to these
 idiotic Yankees
 | In view of German officials in this con
 nection, it is understood to have been from the start that the United States in | taking any action upon the papers found
 on Archibald was using evidence which
 was furnished by the enemies of Ger
 many, and therefore was improper. 1 Safe conduct home for the offending at- taches has not yet been requested of the entente allies, but it was said at the state | department it probably would be. It is Lassumed that the attaches will leave the country immediately. It was pointed out
 that while safe conducts for the return of the undesirable attaches could be ob. l tained, it was doubted whether safe con
 ducts could or would be asked for their
 successors it being felt that the entente | governments would be reluctant to permit officers to come to the United States 1T safety for the purpose of carrying or
 the military and naval affairs of Ger.
 many.
 CABINET IS NOTIFIED l President Wilson is said to have ad.
 vtsed his cabinet at todays meeting o1 1 the action taken by the state department 1 hhe first intimation or what had beer done came shortly before the conclusion
 of the meeting.
 It was said with authority tonight that
 it was because of the investigation that is being made to determine the desirability of Consul General Von Nuber that nc further action had been taken by the department of justice regarding the state. 1 A.cit isSuSu III US Hdlne WnlCn dppedreC l to give confirmation of the charge. made by Dr. Goricar, former Austrian l consul
 l The charge of the Austrian embassy here protested against the statement ano asked that it be denied. The Austrian foreign office. through Ambassador Pen field at Vienna, also inquired about the statement, asking whether the depart ment of justice had issued it and if SO l upon what grounds the assertions in ii
 were made. No reply has been made and
 it is considered probable that none will be until the state department determines whether Won Nuber is an offender an6
 whether his presence i'll the position he holds is objectionable.
 ! Because the state department desires to l show every courtesy and friendship for | the Austro- ro-Hungarian government, an ef- fort will be made to reply as soon as
 possible to the inquiry as well as to the request for denial. Therefore it is as-
 stunned in official circles that some de-
 cision regarding the consul general quick. l ly will be reached.
 | Count Von Bernstorff called upon Sec. retary Lansing today, just before the Secretary left the state department fol the cabinet meeting. They conferred fol nearly an hour and it was said the issues | in the Lusitania case were the principa subjects of discussion.
 l It is understood that the state depart. ment had adopted a firm attitude in this | matter and is insisting upon an early set tlement. It is understood, however, thai the viewpoints of the two governments still is widely different