The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-28
Treaty Negotiated by Root
Provides Reference Of TrOu.
bles to The Hague.
D1sAvOwAL IS UNLIKELY
Germany's Plea That Promise
to Stop Submarines Is
Enough May Be Used.

5ions VIII seek 10 prevent severance
VI diplomatic relations With Washing
ton Is forecast put forth tonight In
Austro-German diplomatic quarters.
Whether this forecast Is borne out In
dispatches received at the state De-
peftment from Vienna and Berlin to-
day could not be learned. Because Of
the extreme delicscy OF the situation
Secretary Of state Lansing Is taking
precautions to prevent
such information from becoming public
in advance OF receipt OF Austria's re-
ply to the second American note on the
Ancona incident.
That Austria likewise might suggest
an arbitration Of one Of the features
NJ her dispute with the United States
Is suggested BY the fact that a treaty
Of arbitration exists between the two
Powers. II was one Of tho treaties
which Elhu Root negotiated with .
number Of Powers when he was Sec
retary OF State In 1909. Whether the
United States would feel itself bound
to arbitrate under this treaty would
depend on whether II would regard the
matter at issue as coming within the
expressions .vitai interests and honor
In the foliowins paragraph OF the treaty
Differences which may arise Of
legal nature, or relating to the inter-
pretation OF treaties existing between
the high contracting parties and which
1t may not have been possible to set
tie BY diplomacy, shall be referred
to the permanent court OF arbitration
established at The Hague by the con-
vention Of the twenty-ninth OF July,
1893: provided nevertheless that they
do not affect the vital interest. the
independence, or the honor Of the
high contracting parties. and do not
concern the interests OF third parties.
No such treaty exists between the
United States and Germany.
Hope for settlement.
That hope for on amicabie settlen,en,
OF the contrOvers. has not been aban.
doned, at least by Germany. is indi.
Gated from the fact learned to-nigh,
that Ambassador Won BernstorfY, who
returned to Washington to-day from,
the Adirondacks, where he spent Christ.
mas. is prepared to resume negotiations
with Secretary Lansing for n final dis.
position OF the Lusltania case. At the
German Embassy there IL coniidenc.
that In spite Of Germany's unwilling.
ness to so the whole length demanded
by the United States the matter will
he adjusted within a short time to tho
satisfaction Of both countries
There seems 10 be a disposition a.
the State Department not TO complica Il
the Ancona controversy by an inquiry
at Vienna into the submarine attack OF
the Japanese liner Yasaka Maru which
reported TO have had on board an Amcri
can citizen. Is said TO have been tor
pedoed without warning.
Investigation by the bureau of citi
zensh'p of the State Department re-
suited In a report TO the Secretary o
State to-day that as far as the oificia
records go n cannot be shown tha
Leigh. the passenger said TO be AZ
American. was actually OF that nation
ality. Leigh carried no American pass
port, which would be prima facie' evi
dence of American citizenship.
Inasmuch as IT is assumed here tina
all travellers In European waters a
this time are providing themselves will
passports Il is believed that Leigh VII,
has lived n great part Of his life II
England. where his home now Is. wa
travelling on an English passport
this should be the case. II was authori
tatively stated that this Government
will under no circumstances concern II
self with the attack on the Yasak,
Maru. II, on the contrary. ne was with
out any passport Leigh himself will
have to establish voluntarily his ma
tionalitv before the United States woul,
feel called OH TO protest TO Austria.
Full Compliance or Break.
Whether the half way concession
which Austria !s preparing to make. ac
cording to embassy gossip. In respons
to the American note will serve TO pro
long the controversy or precipitate
break officials Of the American Govern
ment are not prepared to say In advanc
OF the reply That they will fail 4
satisfy this Government seems likely
Austria, according to this forecast. vii
offer to make reparation for the lives O
the American citizens who perished an
probably will give assurances for tn
future conduct Of her submarine war
fare IN compliance with the rules set u
by the United States In its correspond
ence with Germany.
She will not. II is predicted In diplo
matte quarters, either disavow the at
tack or punish the submarine comman
der. The demands of the United State
to Austria were for reparation, dis
avowal and punishment Of the subma
rine commander.
According 70 the view In Austro-Ger
man circles disavowal by Austria woul
be out OF the question. inasmuch as
appears from the original official state
ments from Vienna that the Austria
Admiralty Instructions to the submarin
commander were to prevent the escap
Tharo ha kaa, HI
to show In these advices that the CON
mander acted contrary to orders In sink
ing the vessel while she was standin
still, with passengers on board.
Thus II Is said Austria cannot di.
avow tho act and denounce her ow
orders as "illegal and indefensible' q
| punish the commander who obcyed thes
orders.
Like Lusitania Case.
Az was pointed out tonight In en-
bassy circles, the situation IL not alto
rether unlike that which developed
| the United States demanded repa ratlOl
disayowal and assurances for the futur
ReHaration was offered and assul
ances for the future given. These assul
ances were contained In "A memoranda
advising the American Government tbs
henceforth German submarine con
mia nhers would act under rules In CO,
form!ty with the position taken by II
United States. Disavowal was M
given. II has never been given. It
on this point that the negotiations wit
Germany arc still pending.
Relations between the two countri,
CoNtinusd ON Third Page.