New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-15

that liners" no longer would be at
tackled illegally would be serlouely
open 20 question. Il would be intoler-
able. IN the opinion OF officials, 10 per
nit German commanders 20 be the sole
Judges OF their own justification IN
attacking merchant shlp'.
IL is pointed out that Ambassador
Won BernstorF had been given an op-
portunity 20 communicate the SUP
stance Of the American testimony IN
the Arabic case 10 his government De-
fore the Arabic note was sent. Seere-
tarv Lansing had received messages
from Ambassador Page containing NE
substance Of the afhdavlts made 10
him By the American SURVIVORS, ana
these were submitted 70 the ambasss-
dor in the belief that he would MORN
Berlin OF the apparent hope!esSness
OF pleading justification.
Many officials believe that the an
bassador did send this information
20 his government. but that IN com
mon with many Of his suggestions Tor
concessions 20 this country, il was
tossed aside. A more general oplniOA
is that The German government be
came obsessed with the arbitration
idea. and desired 20 frame its note IN
such way as 20 make rejection OF
arbitration by the United States I'M
possible.
In support of this view, II is noted
that Germany has everything TO gain
from any measure that encourages DE-
Law. while the interest Of the Uni'ed
states Is 20 effect as speedy a settle
r,ent as possible. II is acknowledge
that arbitration would establish &
nrecedeDt that would be useful 70
Germany in future controversies, ana
that Germany might hope for a deel-
sion from the court which would force
the United States 10 recede from tle
position u has taken on the WhoIe
submarine question.
Biunder Laid to Zeal.
Gernany's only blunder in framing
the note IS believed 10 be due TO an
excess Of zeal in her attempt 10 ehThl-
nate all methods Of settlement other
than arbitration. II Germany had said
inst what she meant. as the meaning is
defined in official German quarters, an
opportunity would have been given 10
the United States 20 declare that the
evidence against the submarine com
mander was so overwhelming as 10
make arbitration an absurdity.
This is precisely the dilemma with
which Germany is confronted. In the
present form OF the Arabic note arbl-
tration is impossible, because Of Ger
manys inadmissible contention that
no liability can accrue from a patent
error in judgment by her commander.
II she modihes this. as Ambassador
Won Bernstorff will suggest, so as 70
apply her disclaimer only TO dlsputable
errors. the United States may declare
that the error is too obvious to be dis
puted. and that arbitration IS there
fore unnecessary.
officials generally refuse 70 become
interested in the Orduna note. or the
note on the Hesperian, which is said
70 be on the way. Germany, IL is re-
ported unofficialiy. will assert that the
Hesperian struck a mine, basing her
contention on the statement that no
submarines were operating in the
waters in which the steamer was sunk
The view adopted at the State De
partment is that the Arabic case is
the only one that properly can be con-
sidcred AZ this iuncture, and that when
it is finally settled it will dispose Of
the entire issue and make discussion
of the Hesperan and Orduna cases I'M
necessary.