The Bemidji daily pioneer., 1915-09-10
Teuton Government Unable to Ac-
knowledge Blame for Sinking Of
American Ship.
OFFERS TO SUBMIT
QUESTION TO ARBITRATION
Commander Mistook Aggressiveness
OF Steamer as Sign of Attack and
Sunk Ship for Own Protection.
EvnDr rooTo
EXPRESSES REGRET THAT
LIVES WERE LOST

Berlin (Via London), Sept. To-
IN it's note to the United States on
the sinking of the White Star liner
Arabic the German government saws
that it most deeply regrets that lives
were lost through the action of the
commander; it particularly expresses
this regret to the United States on
account of the loss of American cit
izens," and adds:
1.-The German government is un-
able, however, to acknowledge any
obligation to grant indemnity in the
matter, even if the commander should
nave been mistaken as to the aggres-
slveness of the Arabic.''
The note, which was communicated
TO American Ambassador Gerard for
transmission to Washington, is in the
form OF a memorandum, under date
OF Sept. Z, the text of which follows:
The Text.
ION August 10, German submar-
inc stopped the English steamer
Dunsley, about 16 nautical miles
south of Kinsdle and was on the point )
Of sinking the prize by gun fire, after
the crew had left the vessel. At this
moment the commander saw a large
steamer making directly toward him.
This steamer, as developed later, was
the Arabic. She was recognized as an
enemy vessel, as she did not fly any
flag and bore no neutral markings.
when she approached, she offered
her original course, but then again
she pointed directly toward the sub
marine. From this, the commander
became convinced that the steamers
had the intention of attacktuHx1d
ramming him. .sE. ===.:=7==zss
Orders to Fire. -
- In order to anticipate this attack,
he gave orders for the submarine to
dive and fired torpedo at the steam
er. After firing he convinced him
self that the people on board were
being rescued in Is boats. - .55....5
According to his instructions, the
commander was not allowed to at
tack the Arabic without warning and
without saving the livest unless the
ship attempted to engage, escape or
offer resistance. He was forced. how
ever, to conclude from the attendant
circumstances, that the Arabic plan
ned a violent attack on the sub
marine. Il =.n @a -Eesas-..a -
Had Been Fired Upon.
''This conclusion is all the more OBJ
vious, as he had been fired upon at
great distance in the Irish sea on Au-
gust 14-that, is a few days before
by large passenger steamer appar-
emily belonging to the British Royal
Mail Steam Packet company, which
he had neither attacked nor stopped.
"The German government most
deeply regrets that lives were lost
through the action of the commander.
It particularly expresses this regret to
the government of the United States
on account Of the death of American
citizens.
No Obligation.
"The German government is un-
able, however, to acknowledge any
obligation to grant indemnity in the
matter, even if the commander should
have been mistaken as to the aggres-
sive intentions of the Arabic.
IF it should prove to be the case
that it is impossible for the German
and American governments to reach
a harmonious opinion on this point,
the German government would be pre-
pared to submit the difference Of
opinion, as being a question of inter-
national law, to The Hague tribunal
for arbitration, persuane to article 38
of The Hague convention for the pa
cific settlement of international dis
putes. .@zs s,e
"In so doing, it assumes. that a.
matter of course the arbitral decision
shall not be admitted to have the i'm
portance of general decision on the
permissibility or the converse under
international law of German submar-
inc warfare" z
i nunnp Erlpc nIlTpnEiY