The Leon reporter. (Leon, Iowa) 1887-1930, 1915-07-22
NEBRASKAN ATTACK lLLEGAL,
u. 5. VIEW.
Regrets and Offer of PREPARATION
Not Enough, America Will
Insist.


officials were pleased today by receipt
of a memorandum from AMBASSADOR
Gerard formally transmitting Ger
manys admission of liability and ex-
preston of regret for the attack by
a German submarine on the AmeEl-
can steamer Nebraskan, they prac-
tically decided that the legal points
raised by the incident would require
the dispatch of a note on the SUP
ject further to conserve American
rights in the war zone.
Legal officers of the American gov
eminent who examined the German
memorandum pointed out that IN
many respects the case resempleu
that of the William P. Frye, an Am
erican ship sunk by the Prlnz Eltei
Frederick.
Germany in the Frye case contend
ed that it was fair inference from
the language of the Prussian-Amerl-
can treaty of 1928 that an American
ship carrying contraband could DC
destroyed if there was no other way
to stop the transportation OF the
contraband. The United States Wig
orously objects to this construction
of the treaty and in the case OF the
Nebraskan probably will place on
record it's view that the attack. even
though payment is assured and re-
grets expressed. nevertheless was
an illegal act under international
law and treaty relations between the
United States and Germany
Officials take the view that the
case of the Nebraskan proves conclu-
sively that merchantmen must be
visited in order to determine its ma
tionality and the character OF its
cargo before being attacked.
The text of the German memoran-
dunn on the case of the Nebraskan
was the subject of much comment IN
official quarters because it bears out
conclusions reached by Lieutenant
John H. Towers, naval attache OF
the American embassy in London,
who forwarded fragraments OF metal
found in the Nebraskan when she ar
rived at Liverpool, to the navy de-
partment with his expression OF
opinion that the vessel was torpedoed
and not mined.
Count Won Bernstorff, the German
ambassador, will present to Secre-
tary Lansing tomorrow the view that
Germany's reply to the American
note on submarine warfare was in
tended to pave the way for negotla-
lions on the part Of the United
States with Great Britain as well as
Germany, to adjust questions that
have arisen over cOntraband and
submarines as affecting the rights OF
neutrals. Mr.. Lansing met the am
bassador casually at club today and
set tomorrow as the date for the con-
ference.
The text of the German memoran-
dunn ON the Nebraskan affair follows
in part:
"On the evening OF May 25, last
the submarine met steamer bound
westward without flag and with
no neutral markings on her free
boards, about thirty-tive nautical
miles west of the Fastnet Rock; no
appliance of any kind for the illum-
to be seen.
"In the twilight. which had al
ready set in, the name of the steam
er was not visible from the subma-
rine. Since the commander OF the
submarine was obliged to assume
from his wide experience in the area
of maritime war that only English
steamers, and no neutral steamers,
traversed this war area without flag
and markings, he attacked the YES
sci with a torpedo, in the conviction
that he had an enemy vessel before
him.
Some time after the shot, the
commander saw that the vessel had
in the meantime hoisted the Amerri-
can flag. AS a consequence he, OF
course, refrained from any further
attacks Since the vessel remained
afloat he had no occasion to concern
himself further with the boats which
had been launched.
"It results from this without a
doubt that the attack on the steamer
Nebraskan was not meant for the
American flag, nor is it traceable to
any fault on the part Of the COM
mander of the German submarine,
but is to be considered an unfortu-
nate accident. The German govern
ment expresses it's regret at the oc-
currence to the government of the
United States of America and de-
clares it's readiness to make compen-
sation for the damage thereby sus-
tanned by American citizens.
DlontS