Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-10
GERMANY WANTS
TO ARB|TRATE
ARABIC AFFAIR
Refuses to Indemnify Relatives
of Americans Lost on White
Star Liner
DECLARES MATTER IS
FOR HAGUE TRIBUNAL
Note to This Nation Discusses
New Aspect of Submarine
Warfare

Berlin, Sept. 9.-In a note to the
United States on the sinking of the
White Star liner, Arabic, the German
government says that it "mnst deeply
regrets that lives were lost through
the action of the commander; it par.
ticularly expresses this regret to the
United States on account Of the death
of American citizens and adds:
''The German government is unable
however, to acknowledge any obliga.
ton to grant indemnity in tie matter,
even if the commander should have
been mistaken as to the aggressive in
tentions of the Arabic g.
The German note, which was COM
municated to Ambassador Gerard for
transmission to Washington, is in the
form of memorandum under date OF
Sept. 7, the text Of which follows:
Enemy Ship.
"On August 10Th, German submar-
inc stopped the English steamer, Dun
sley, about 16 miles south Of Kinsale,
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 large steamer MAX
ing directly toward him. This steam
er, as it developed later, was the
Arabic. He was recognized as an
enemy vessel, as she di Gnot fly any
flag, and bore 1lo neutral markings.
when she approached she altered
her original course, but then again
pointed toward the submarine. From
this the commander became con-
vinced that the steamer had the in
tention Of attacking and ramming him.
"In order to Anticipate this attack,
he gave orders fer the submarine to
dive and fired a torpedo at the steam
er. After. firing he convinced himself
that the people on loaTd were oelnss
rescued in fifteen hats. 2 i,
ss4af Planned Attack. n15N@
'"According to his instructions, the
commander was not allowed to attack
the Arabic without warning. and with
out saving the lives unless the ship at
tempted to escape or offer resistance.
He was forced, however, to conclude
from the attendant circumstances that
the Arabic planned a violent attack
on the submarine.
"This conclusion is all the more OBJ
vious as he had been fired upon at
a great distance in the Irish sea on
hugust 14-that is, few days before
by "A large passenger steamer ap-
pal emily belonging to the BRUSH
Ro.al Mail Steam Packet company,
which he had neither attacked nor
stopped.
Germany Regrets.
.'The GermaJ Government most
deeply regrets that lives were lost
through the action OF the commander.
1t particularly expresses this regret 10
the government of the United States
on account of the death of American
citizens. 49,,
s"rhe German government is unable,
however, to acknowledge any obllga-
ton to grant indemnity in the matter,
even if the commander should nave
been mistaken as to the aggressive IN
tentions of the Arabic.
Offers to Arhitrate.
eff il 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-
Dared to submit the difference OF op.n-
ion, as being a question of interna-
tional law, to the Hague Tribunal 1or
arbitration, pursuant to Article 50 or
the Hague Convention for the Paclflc
Settlement of International Disputes.
'In so doing, it assumes that as a
matter of course. the decision shall
not be admitted to have the import
ance of a general decision on the term
of disability or the converse under IN
ternational law of German submarine
warfare