New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-13
Question of Arbitration in
the Arabic Case Not
Yet Settled.
WILL MEAN LONG WAIT
Washington Thinks Germany Is
Determined to Get U. S. Into
International Court.
From The Trbun. naeau !

the possibility of break in the rela-
tions between the United States and
Germany, Count Won Bernstorf, Ger
man Ambassador, arrived here unex.
pectedly this evening with the avowed
purpose of conferring with Secretary
Lansing in an effort to create conf
dence between the two governments
and thus avoid a rupture.
Count Won Bernstorff did not conceal
that the reports printed in the news
papers had brought about a distinct
feeling Of pessimism on his part.
While he declined to talk, it was ap-
parent from mis- demeanor that he sus-
pected that neither the United States
nor Germany was Convinced of the per-
feet good faith of the other His hasty
trip to Washington was taker in the.
hope that a frank discussion of n.
situation with the Secretary Of Stat
might bring about better understanV
ing.
The Ambassador is anxious 10 fn'
out just what the point Of view of thl 2
government is, and he believes tha
with such information at his disposal
/ he can find firm basis fcr a mutua
understanding. The Ambassador be
| lieves, 1t is understood, that Germany
md the United States arc working az
cross purposes, that neither has
definite idea of what the other is aim
ing for, and consequently that every
exchange of notes puts them further
apart instead of drawing them nearer.
( Arbitration Still Uncertain.
high official of the State Depart
ment said tonight that no decision had
been reached as 10 what this govern
ment would do concerning the German
proposal to leave certain phases Of the
Arabic question TO arbitration. Indica-
tlons are, however, that the proposal
may be accepted. leaving the way clear
TO resume the discussion of the LUST
tania affair, but neither President
wilson nor Secretary Lansing has
reached any definite decision.
Secretary Lansing may ask Count
vol Bernstorf tomorrow for assur-
ances that If this government accepts
the arbitration proposal il will be only
on the understanding that il deals with
the Arabic as an isolated case. Il
would be intolerable, officials leclare.
10 permit the whole question 20 remain
open during the long period necessary
20 decide the question in a court Of
arbitration.
The Secretary of State will also. il is
believed. tell the German Ambassador
just what the question is that this gov
eminent is willing 10 arbitrate and ask
whether the German government is in
accord on that point. II the ambas-
sador is able 20 make satisfactory re-
plies 10 these questions the general be-
lief is that arbitration will be assured.
II would then be Germans move.
/ The United States would expect the
German government 20 make a prompt
and satisfactory reply to the last Amer
lean note on the Lusitania, in which 10
was declared that further illegal at
tacks on merchant ships would be re-
garded as deliberately unfriendly.'
Count Won Bernstorf already has in
dicated that such a note is in prepafa-
| tiOn, and has quoted what purported
TO be an extrac, from Il in his letter
of assurance 20 Secretary Lansing
Indications are that Germany Is pre-
pared to grant the main principle for
which this government is conterdng,
and State Department officials believe
that the final adjustment Of the con-
troversy will be only matter Of de-
tail when once undertaken.
May Last for Months.
Officials declare that this programme
6ovetails perfectly with the resolution
of President Wilson not 20 take ~ tho
general question Of submarine warfare
until the Arabic case is settled"
/ Turning il over 20 arbitration takes /.
/ completely out of the hands of both
| governments. and il may therefore be
said TO have been disposed of as soon
as the agreement TO arbitrate has beer
reached II is admitted that the
process Of selecting suitable referee
might occupy several months, and thai
/ the courts decision might take an
/ equally long time. To permit the Lusi-
/ tania question. in which the whole
/ principe OF the controversy with Ger
/ many is bound up. 20 lie in abeyance
J during that time would be manifestly
! impossible.
The question 10 be arbitrated. as
the State Department reads the Ger
man note, is whether Germany is liable
! for indemnity in case OF damage 20
American interests through a mistake
in judgment By her submarine COM
manders. The first problem for the
court 10 determine. therefore. would
, be whether the subraarne commander
erred in supposing that the Arabic was
going to ram him. After this point
was decided the problem would be
whether in case he was mistaken the
| German government should admit LA
! biity for damages.
Should President Wilson reject the
proposal 10 arbitrate, officials believe
| there is no course left by which an
smicabie adjustment can be reached
unless Germany substitutes q more
conciliatory note. They say II would
leave the Arabic problem unsolvable.
b and would cause a rupture with Berlin
and the recall Of Ambassadors Gerard
/ and Won BernstorG
{ But foE the hint that the commander
OF the submarine that sank the Arabic
he'd instructions not 20 attack pas
sesyer vessels illegally. 1t is certain