New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-27
Sinking of Leelanaw
Taken as FlOuting
of American
Note.
SHOWS BERLIN
WON'T RETRACT
Will Insist on Her Inter-
probation of Treaty
of 1928.
RESULT MAY BE GRAVE
Washington Will Not Accept
Teutonic View, but Hopes to
Avoid a Break.

Washington, july 26. - Germany
has answered the recent note of this
government. which declared the sink
ing of the American ship William P.
Frye a violation of treaty rights, by
torpedoing the Leelenaw, another
American vessel.
Consular dispatches received to-
day from Dundee and London con-
firmed press reports of the sinking
of the Leelanaw, describing the cir
cumstanceS as practically similar TO
those or the destruction Of the Frye
and causing officials to regard the
act 40 a reply to the American
protest.
1t is thought Germany will offer
immediate reparation for the vessel
through her prize courts, as in the
case of the Frye, but this will not
deter the government from sending
another vigorous protest to Berlin.
The treaty of 1928, invoked in the
Frye case, is believed by the United
States to have been violated, and this
government has rejected offers of
prize court settlement in view of
that Interpretation.
The first unofficial reports Of the
Leelanaw affair caused great concern
for fear the incident would have 10
be classed as deliberately unfriend-
ly" under the terms of the most re-
cent note TO Germany, but when the
later reports came there was a dis
position among government officers
to discount the fear. Full particu-
lars of the attack have not yet been
received.
Hope to Avoid Grave Issue.
The commander Of the submarine
which sank the Leelanaw. it is thought,
could have had no knowledge of the
last Lusitania note. which must have
reached Berlin after he put 70 sea.
Furthermore, officials are loath 10 make
grave issue Of case in which no
lives are lost, especially where there IS
technical disagreement as 20 the
! terms of a treaty.
| In the case of the Frye the comman-
der Of the German auxiliary cruiser
Prnz Eitel Friedrich tried TO dump the
cargo overheard as required by the
treaty, but on finding himself in dan
ger of attack from British cruiser,
he decided 10 sink the ship. The cargo
consisted entirely of wheat, which was
not contraband, but the German COM
/ mander asserted he believed n TO be
/ such. as he was not aware that the
/ declaration Of London was not in force.
The cargo of the Leelansw consisted
/ of fax, which is conditional contrabsnd
| in the German list, and under the
treaty of 1899 with Prussia, continued
/ in force under the treaty OF 1928. the
right of the submarine commander eX-
tended no further than to demand that
/ the contraband De delivered 10 him. u
the commander Of the Leelsnaw was
willing 10 comply with this request
there could be no justification for sink
| ing the vessel. II, on the other hand
he was not willing 10 do so, the treaty
provided that the vessel might be de-
| tanned.
Germany has tried to read into the
/ treaty of 1928 the right to sink vessels
carving contraband when circum-
stances prevent her commanders from
( Selling or destroying the cargoes.
While the treaty provides that vessels
may be detained the German con-
tention is that detention may extend TO
destruction, provided reparation IS
made. This government has stoutly
| rejected such an Interpretation OF the
| treaty.
Awaiting Full Reports.
Lack of complete details forces Of
| fcisls TO be silent as TO the course this
government will pursue. IL is not
( known officially whether warning was
/ given by the submarine commander and
/ the crew allowed TO escape before the
torpedo was fred. Reports are awaited
/ from the consul at Dundee.
The present case furnishes no par
allel TO the Nebraskan attack, as the
| Nebraskan carried no contraband, and
an attempt TO torpedo her could not De
justified by the German Interpretation
of the treaties. as in the case OF the
Frye. The submarine gave no warning
to the Nebraskan. while unofficial dis
patches indicate that the right of visit
and search was exercised in the case OF
the Leelanaw.
tails of the press dispatches il is be-
| lieved serious situation viii be
| brought about between the Unitec
States and Germany, though not Of a
character 10 cause a diplomatic break
II is felt that IN such . case tas ~