New Britain herald., 1915-07-16
ANOTHER NOTE IN
 NEBRASkAN CASE
Legal Points Raised Causes Action
 to Conserve American Rights

Washington, July 16.--Although Of
 ncials were pleased yesterday by re-
 ceipt of memorandum from Ambas- sador Gerard formally transmitting
 Germany's admission of liability and
 expression of regret for the attack
 by German submarine on the Amer
 ican steamer Nebraskan, they prac-
 tically decided that the legal points raised by the incident would require
 the dispatch of note on the subject
 further to conserve American rights
 in the war zone.
 Legal oficers of the American gov-
 ernment who examined the German
 memorandum pointed out that in
 many respects the case resem bled that of the William P. Frye, sunk by the,
 Prinz Eitel Freidrich. In both cases,
 the German government has ax-
 pressed regret at the occurrence and
 offered to compensate American citi- zens for losses sustained but the ac- tion of the German commanders has been declared justified under the cir cumstances. To admit this oficials her say would establish dangerous precedent.
 Must Be Visited.
 Germany, in the Frye case, con- tended that 1t was a fair inference from the language of the Prussian- American treaty of 1928 that an American ship carrying contraband could be destroyed if there was no other way to stop the transportation of the contraband. The United States vigorously objects to this construc- ton 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 conclusively that 6 merchantmen must be visited in or der to determine it's nationality and the character of it's cargo before being attacked.
 Some high officials do not believe the United States would insist that in exercising the right to visit the sub- marine commander actually be re- quired to board merchantmen, but would hold that a ship could be visited" by signaling warning to SIOps ana asking Tor the submission of papers to the submarine command CT. This was done recently in the case of the American bark Normandy which was halted by German sub- marine and allowed to proceed. s Subject or Comment. s 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 l embassy in London, who fragment of metal found | In the Nebraslan when she arrived at. Liverpool to the navy department i with his expression of opinion that the vessel was torpedoed and not mined. Tn the case of the Gulflight, too. the naval constructors at the American am bassy at London, were able to es-l .ablish that the vessel was torpedoed. That has strengthened the confidence of naval offieers here that they will be able to determine accurately the causes of n1ishaps to American vessels m the war zone provided the hull can be raised or brought into port for ex- 
 The navy departments report on the has never been made pub- lie. but in view of the admission by