The Washington herald., 1915-07-27
u. S. WITHOUT A SERIOUS
COMPLAINT, BELIEF HERE

Apprehension lest the sinking OF the
American steamship Leelanaw by q
German submarine constitutes that
deliberately unfriendly". act of which
President Wilson warned Germany in
his note of last week was dissipated
here last night with the receipt of I'M
official accounts of the procedure OF the
German commander before sinking the
American vessel.
Though the State Department has
not yet received any confirmation of
these detailed accounts of what hap
pened. there is no disposition on the
part of officials to doubt them. Con-
sequently, it is considered that SO far
as concerns the observance of the law
for which President Wilson has been
contending as regards submarines.
that is. visit. search. and the safe
guarding OF the lives of non-com-
batants. the United States will have no
complaint to make. According to the
unofficial reports received last night.
the submarine commander did all that
could be expected of him in establish
ing the identity of the Leelanaw. the
nature of her cargo. and in taking OFF
her officers and crew.
Cause for Controversy.
However. for other reasons, the case
will constitute a cause OF serious con-
troversy between Germany and the
United States. It Is regarded as a close
parallel to the case of the American
schooner William p. Frye, sunk by u
German cruiser last winter. Germany
has admitted her liability to damages
in this case, under the provisions of the
treaty of 1928 between the United States
and Prussia, but has also claimed that
the treaty gave her the right to sink
American vessels carrying contraband
provided she compensated their owners
for the loss suffered. This contention the
United States has vigorously opposed In
the Frye case. and 1t Is presumed that
the issue will be the same In the Leo
lanaw case.
The sinking of the Leelanaw was re-
ported to the State Department yester-
day in a brief message from Consul Den
nison, at Dundee. Scotland. He stated
only that the Leelanaw had been tor
pedoed: that her officers and crew had
been landed at Krikwall, and that they
were proceeding at once to Dundee. It Is
expected a complete report will be re-
ceived from Consul Dennison as soon as
the survivors Of the Leelanaw have
reached Dundee.
Under the provisions Of the treaty of
1898. the United States government de-
MES the right Of German naval vessels
|
IL carrying contraband Of war. FurtfSt-
more, the United States will not Sdhit
that the fax on board tho Leelanaw was
contraband unless It Is proved that 1t was
consigned to the British forces or a de-
partment Of the British government. The
question Of contraband will not figure
greatly, as It will be subordinate to the
contention Of this government that even
II the cargo were contraband, the Ger
mans would still have no right to sink
the vessel.
Contention Over Treaty.
This contention is based on the pro-
vision Of the treaty OF 1873 between the
United States and Prussia, which sets
forth that neither government shall
cause loss to the citizens Of the other In
the course OF operations against trade
In contraband. The maximum measurs
conceded to either as a beiligerent ID
that q vessel Of either nationality shall
be required to remove a cargo Of con.
traband by q warship Of the other, on
condition that the belligerent govern.
n,ent pay for such cargo. American OF.
hcials have already contended, In the
Frye case, that this 10 the very utmost
that Is conceded by the treaty. Tho Ger.
man contention, on the other hand. ID
that the treaty permits the stopping OF
carKoes Of contraband and that Il nsces.
sarily follows that II q belligerent haa
no other means Of stopping .contraband
than by destruction Of the vessel carry.
| ing II, the belligerent ID permitted b.
| the treaty to destroy the vessel Thssl
arguments have been exchanged In the
Frye case, on which the two govern
ments are now at deadlock over thii
very question.
The German governmsat's eoatsntios
| N that It - permitted BY the treaty q
destroy such vessels, but II admits tn
ohligation to compensate Americans fol
any damage thus suffered
The avowsa purpose Of the treat,
LOT 1873, on which the provtaions O
e., troetY e 1o91 ere Dgine1pa1l,