The Hawaiian gazette., 1915-11-26
Lusitania Case Recalled

l. der circumstances and with losses that have
recalled the sinking last spring of the Lusitania
has reminded many Americans of the fact that thu
Lusitania case today is exactly where it was OF
the morning the President indited his first protes
to Germany The destruction of the Arabic ha'
been disavowed and assurances given to Wash
ngton that hereafter passenger liners will not b.
attacked unwarned, but nothing whatever has beer
done in regard to the protests and demands to
separation over the Lusitania. .''y'
week or two, before the Ahcona was sunk
the Germans Themselves redirected attention t.
the Lusitania case through the publication of thu
views of twenty-one prominent German author
tiles on international law, each justifying the sink
ing Of the Lusitania on legal grounds The opin
ions have been issued in one volume and haile'
as the consensus of German opinfoa. n
AS representative OF allNtwenty-one, the Koel
nische Zeitung selects for publication and approx
ing comment the opinion of Prof. Max Fleisch
man of the University of Koenigsberg, who ha
written comprehensive but concise introduction
to the book, and extracts from the opinion Q
DIR. Karl Strupp of Main. -. =
Doctor Strupp begins by quotations from nava
orders in the war of 1912, issued respectively I
Lieutenant Allan of the American ship Argus, an
to Captain Stewart, the first advising OF the ad
vantageousness of attacking the enemy's com
MERGE and the second directing the sinking
English vessels when there is any risk OF thei
being rescued while en- route to port as prize,
1T cannot be expressed more clearly, say
Doctor Strupp, that the North American govern
ment orders the destruction of enemy ships whe
they cannot be safely brought to a friendly port.
He then asks the question whether it is the dut
of a war vessel to save the passengers and GREY
of an enemy ship, admitting in doing so that e'
listing rules of international law apply 20 sui
marines He declares they are to be regarded a
suspended when military necessity, or even whe
serious need, arises.
The commander of a vessel, he says, mus
weigh the circumstances, and did in the Lus
tana case, and decided rightly that such need di
exist for his little ship before the giant vessel
10000 tons. which might at any time ram hin
and which probably had concealed cannon O.
board, and perhaps even Canadian auxlllar
troops" "fa%. -,.@'. .,. -.,...a.
above 'all" says Doctor Strupp, 1T is settle
that the Lustania was an auxiliary cruiser, sui
sidized by the English government and carrie
as such in the English lists, which as naturi
consequence meant that she was no longer me
chant vessel, but was to be regarded and treate
as a vessel of war"
The submarine commander, continues Docte
came acute In case the destruction OF the LUIS
tania was justified, he was under no necessity
take heed of the presence of non-combatants, ne
even of neutrals. Whether two or 1900 were il
volved is not question of law. but purely or
OF quantity. The number plays roll only fro
a humanitarian, not from judicial standpoint.
The American contention that the command
should have warned the Lustania Doctor Stru[
characterizes as wholly devious" In suppO
of his contention he again quotes from America
precedent and reprOduceS an order OF Sccreta
of State Bayard of January E, 1885, reading:
at is the duty of foreigners to withdraw fro
such risks and if they do not do SO or if thu
voluntarily expose themselves to such risk thu
must take the consequences"
Likewise the author also denies that any inder
nifty should be paid for lives property lost
the Lusitanla and cites prize court finding
the Franco-G German war. A French court rul
that English, then neutral owners OF Cargoes tn
had been sunk in German ships could not cole
damages He also quotes the English authori
on international law Hall, who says that neutI
owners of cargoes destroyed by acts of war ha
no valid claim for damages.
In addition to the opinions OF the twenty-o
professors, which take up ninety-three pages, t
new book contains, for future reference the
nouncement of the German admiralty OF Feb
airy 4, the American note Of February II, the CT
man answer of February 10 and the note exchan
following the Lusitania incident.