The Birmingham age-herald., 1915-07-09

recognize the right of American officers to do other than insure against violation of rules of neutrality.
 As a whole the German proposals are not regarded by well informed of ficials as bringing the questions at is- sue between the United States ana Germany any nearer a settlement than they were several weeks ago. prsident Wilson is expected to return here Mon day or Tuesday and the formal Ger man reply probably will reach here at about the same time.
 There were many evidences in of ficial circles today that the German controversy was again regarded us critical and that the reply as outlined was very disappointing. The conces sions alleged to have been made were referred to as a slight departure from the illegal position held by Germany. and it was pointed out that the Uni ted States, holding a strictly legal po- sition. was unable to make any changes or surrender any point.
 Cause of pessimism
 Irrespective. however, of the sug- gestions made as to the future con- duct of German submarines suggest ed in the preliminary draft of the Ger man reply, one of the chief causes of the pessimism is the treatment to be
  Originally the United States pointed out that the German submarine com manders must have msapprehended their instructions and could not have tended to sink the vessel without | warning, The last German note in re- ply contended that the vessel was armed. was an auxiliary cruiser and therefore could not be treated as a peaceful merchantmen After the Uni ted States submitted official informa ton that the Lusitania not only was unarmed but did not attempt to resist visit and search, thes German govern mont 1t Is now understood. has taken the position that there was no inten- ton to sacrifice noncombatants, the view of the German commander being that the vessel would be difficult and slow to sink and that there would be ample opportunity for passengers to get to a place of safety. The United States said in its first note that repar- ation would be sought for the sscri- flee of Americans on the I.usitania but Germany has denied liability for the occurrence.
 Officials here declined to explain the mystery of the informal conferences be- tween Ambassador Gerard and officials of the German foreign office. They indi- cated that the message from the ambas- sador transmitting an outline of the Ger
 
 he had been asked to obtain the views of the American government It ap- peared that he asked if there were any instructions and did so because the draft was placed in his hands in advance of it's completion. According to officials fla millar with diplomatic precedent this was not unusual and it was said today au- thoritatively that Count Won Bernstorff, the German ambassador, gave to Dr. Anton Meyer Gerhard before he started for Berlin an outline of the American note which was not completed until sev- eral days later.
 It was suggested that Ambassador Gerard. probably realizing that the pro- posals as made by Germany in the tenta- tive draft would not meet the American viewpoint asked for instructions with the view that the reply might be modified. Because the message was somewhat gar bled In transmission. officials here did not clearly understand what the ambas- sador had in mind. but at any rate they believed 1t desirable to enter into no discussion or negotiation until the pro- posals were in final form
 Still Hope for Refusal l Tn some official quarters there is still l hope that the refusal of the American am- bassador to discuss concessions may con- vince the German officials of the earnest ness of the United States and bring about notifications There are intimations from Berlin, however, that officials there do not believe the American government will | insist upon the position it took in It's last note and that public opinion in the United States favored compromising the issue Some high officials in Berlan, it 1 is said, are of the opinion that public sentiment in the United States of separat- | ing passenger and contraband traffic sup ports MT. Bryans views as expressed since his resigna ton. This. and other phases of the question gave the situation totight an atmosphere of doubt and un. certainty which 1t has not had since tho indications of several days ago that fac- tors were at work in Berlin for a favor able settlement of the controversy.