New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-06
Do Not Believe She Would
Flout 1t at This Criti-
cal Time.
RELY ON ENJOYS
RECENT ASSURANCE
Failure to Justify Action VIII
Destroy All Hope of Amicable
Relations.
From Tn. Tribune Bureau. !

Washington. Sept. g. Washington
officials were unable tonight to credit
reports that the Allan Line steamer
Hesperian had been attacked without
Justification. They believed full re
ports would show that the vessel had
put herself outside the law in some
manner. In view of Count Won Bern
storff's formal assurances that liners
would no longer be attacked unless
they tried to escape or resisted capt
ure. it was thought highly improbable
that any such fragrant violation of in
ternational law would ne committed at
this critical time.
The administration will not proceed
further with the Arabic case until full
details concerning the attempt to sink
the Hesperiar are received. Both Presl-
dent Wilson and Secretary Lansing
though they refused 20 be alarmed
take the attitude that it would be use
less TO 90 deeper into other questions
at issue until they are satisfied that
there is no evidence Of hostile intent
in the attack on the Hesperian.
When the Arabic was sunk Ger-
many's proposal TO discuss the general
issue of submarine warfare was re-
ieeted, and the administration an
nounced that the specific case OF the
Arabic would have to be satisfactorily
settled before negotiations concerning
the Lusitania could be continued. In
- Of Z
held to be Of first Importance now, as,
unless il can be shown that Germany
is not responsible for another unjusu-
fhd attack. any assurances concern
ing the Arabic or the general issue
would be vilueless.
Not Justified by Gun.
The presence of the 4.7-inch stern
gun on board the Hesperian, reported
by Consul Frost at Cork, does not, IN
the opinion of international law eX-
merits, affect the status of the case. The
United States has held from the begin
ming of the submarine attacks that
armament could not be held to justify
the destruction of a vessel unless II
was shown to be designed for ohence.
In the second Lusitania note, retuting
the German contention that the LuSl-
tania carried offensive armament, the
President said:
ernment's) duty 10 see TO it that the
Lusitania was not armed Tor offensive
action"
Informally, the government has taken
the ground that guns of less than SIX
inch calibre would be presumed to be
intended for defence, and while 1t has
int
Britain that vessels shall not leave
United States ports with any guns
whatever, it has been expressly under
stood that the arrangement was purely
informal. and the right of ship owners
to arm for defence has not been ques-
toned.
officials stated that the Hesperian
could not be considered transport be.
cause Of the presence on board OF
Canadian troops unless they were or
panized and armed. Vice-Consul Frosts
Statement that the troops were "unor-
ganized and mainly invalided," to-
gether with the fact that Great Britain
would have no purpose in sending
troops TO Canada, is believed to dispose
Of this point. All reference in inter.
national law TO the transportation OF
troops supports this opinion.
Germany's Responsibility.
The fact that no American lives were
lost. which is indicated by reports re-
ceived here, does not diminish Ger
many's responsibility, officials say. The
only question to be determined IS
whether the commander Of the German
submarine attacked the vessel without
justification in international law. II
this proves TO be the case, the escape
OF the Americans will be deemed a
matter for congratulation. but due in
no way TO the foreethought of the at
tacking submarine.
No Justification. it is asserted, can be
made 20 hang on the belligerent des-
tination of the Hesperlan lnterna-
tional law expressly provides that non
combatants on merchant vessels are en-
titled 70 protection, no matter what the
nationality Of the vessel and regard
less of whether il is proceeding 20
neutral or belligerent port.
Secretary Lansing refused 10 make
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