El Paso herald. (El Paso, Tex.) 1901-1931, 1915-06-11
NOTE TO GERMANY QUITE CORDIAL;
ASKS SAFETY FOR AMERICAN LIVES
American Government Bases Position Upon Laws of HUI
mainly, Denying Firmly That Lusitania Was
Armed; Germany Is Tn anked for Action Re
garding Gulfight and Gushing Gases.

the imperial German government con-
corning the attacks on the American
steamers Cushing n Gulflight- / am
now Instructed by my government to
communicate the following in reply:
Outright and Casting Cases.
THE government OF the United States
notes with qualification the full recOg-
milton by the imperial German gov
rnment in discussing h cases Of the
Cushing and the GulflighL, Of the prin-
.ciple Of the freedom OF all parts OF
the open sea TO neutral ships and the
frank willingness OF the imperial gov
eminent to acknowledge its liability
where the fact Of attack upon neutral
ships which have not been guilty OF
any hostile act by German alrcrafts
or vessels of war is satisfactorily es-
tablished; and the government Of the
United States viii, in due course, lay
before the imperial German govern
ment, as it requests, full information
concerning the attack on the steamer
Cushing
FaIaba Contention Surprising.
with regard to the sinking Of the
steamer Falaba, by which an Ameri-
ment of the United States is surprised
to find the imperial German govern
ment cOntending that an effort on the
part of the merchantmen to escape
capture and secure assistance alters
the obligation Of the officer seeking to
make the capture in respect to the
safety of the lives Of those on board
the merchant ship, although h yes
sci has ceased her attempt to escape
when torpedOed-
Only FOrcIble Resistance Justifies.
These. are not new circumstances
They have been in the minds OF states
men and OF international Jurists
throughout the naval warfare, and the
government Of the United States does
not understand that they have ever
been held TO alter the principles OF
humanity upon which II has insisted
Nothing but actual forcible resist
ance or continued efforts to escape Dy
flight when ordered to stop Tor the
purpose Of visit on the part OF the
merchantmen has ever been held 10
forfeit the lives Of her passengers or
crew. The government Of the United
States. however, does not understand
that the imperial German government
is seeking in this case TO relieve 1tselt
of liability. but only intends to set
forth the circumstances which led the
commander Of the submarine to allow
himself TO be hurried into the course
which he took
The Lusitania Incident.
your ExceIlency's note, in discuss
ing tie loss Of American lives result
ing from the sinking Of the steamship
I~usitania. adverts at some length 10
certain information which the imperial
German government has received with
regard to the character and outnI o.
that vessel, and your ~excelency eX-
presses the fear that this
may not have been brought to the at
tenJion of the government OF the
United States
1T is stated in the note that the
Lusitania was undoubtedly equipped
with masked guns supplied with
trained gunne and special ammuni
ton, transporting troops from CANADA
the laws of the United States TO a yes
sci also carrying passengers and, IN
virtual effect, serving as auxiliary to
the naval forces Of Great Britain
Lusftania Was Not Armed.
Fortunately these are matters con-
cerninE which the government Of the
tates is in a position to give
the iIaT erial German government off
ciaI information
'Of The facts alleged in your excel
lency's note, if true, the government Of
the United States would have been
boun To take official cOgniZance IN
performing its recognized duty as a
neutral owe and in enforcing its na-
tional laws
III was its duty to see to il that the
Lusitania was not armed Tor offensive
action, that she was not serving as a
transport, that she did not carry a cargo
prohibited by the statutes OF the United
States, and that If, in fact she was a
naval vessel of Great Britain, h
not receive clearance as a mer- ,
chantman- and il performed that duty J
and enforced its statutes with scrupu- I
lous vigilance through its regularly
constituted officials.
German Government MisinfOrmed.
1T is able, therefore, to assure the
imperial German government that IL
has been misinformed. II the imperial
German government should deem itself
10 be in possession of convincing evil
dence that the officials Of the govern
ment Of the United States did not per-
form these duties with thOroughness .
the government Of the United States I
sincerely hopes that it will submit that
evidence for consideration
COntraband OF War Irrelevant.
Whatever may be the contentious |