Evening journal., 1915-12-18
Rv The Ifnlled press


involved.
It asks almost plaintively why
America refuses an exchange of
which it has conduct
ed with another government in other
cases?' The Austrian foreign Office
criticizes the American demand on the
ground that they might well have
warranted the expectation that the
government of the United States
should precisely specify the actual
circumstances of the affair upon
which It bases it's case"
The Vienna foreign Office also
points out that the United States fail
ed ito designate the persons upon
whose testimony it relied
Il argues that the United States
government attributes a higher de-
gree of credibility to these unnamed
persons than to the commander of the
submarine. The note declares Austria
ready and willing to "enter into an ex-
change of views"
Il is also expressed in friendly
language that the matter Of repara-
tion to relatives who lost loved ones
on the Ancona is a matter for further
discussion.
The note concludes that Austria re-
serves to itself full freedom Of main
tanning its own legal views in the dis
cussion Of the case Of the Ancona."
Secretary Lansing gave out at the
same time copy of the Austrian Ad-
miralty's official statement, on which
the United States position has been
based
The text Of the note follows:
In reply to the much esteemed
note Number 4lG7, which His Ex-
cellency, Mr.. Frederic Courtand
Penfield. Ambassador Extraordin-
airy and Plenipotentiary OF the
United States OF America, direct
ed to him in the name of the
American government under date
of the ninth instant in the matter
Of the sinking OF the Italian
steamer Ancona. the undersigned,
preliminary to a thorough. mer-
itorious treatment Of the demand,
] has the honor to observe that the
/ sharpness with which the govern
ment of the United States consid-
ers it necessary to blame the COM
manding officer Of the submarine
hrmness IN which the demands
addressed to the imperial and
royal government appear to be
expressed might well have war
ranted teh expectation that the
government Of the United States
should precisely specify the ac-
tual circumstances OF the affair
upon which it bases it's case. As
is not difficult to perceive the
presentation OF the facts in the
case in the aforesaid note leaves
room for many doubts and even
if this presentation we're correct
in all points and the most rigor-
Gus legal conception were ap-
plied TO the Judgment of the case,
II does not in any way sufficiently
warrant attaching blame to the
commanding officer of the war
vessel or to the imperial and
royal government.
The government Of the United
States has also failed TO designate
the persons upon whose testi-
mony it relies and to whom IL APP
parently believes it may attribute
higher degree OF credibility
than to the commander Of the Inn
perial and Royal fleet. The note
also fails to give any information
whatsoever as to the number
names and more precise fate OF
the American citizens who were
on board of the said steamer at
the critical moment.
However. in view OF the fact
that the Washington cabinet has
now made a positive statement
to the effect that citizens Of the
United States of America came to
grief in the incident in question,
the imperial and royal govern
ment is in principle ready to en-
ter into an exchange of views in
the affair with the government of
the United States. II must, how
ever. in the first place, raise the
question why that government
failed to give juridicial reasons for
the demands set forth in its note
with reference to the special cir
; cumstances Of the discriminating
events upon which IL itself lays
stress. and why in lieu thereof it
refused to an exchange of corre-
spondence which il has conducted
, with another government in other
cases The Imperial and Royal gov
ernment is the less able to follow
the Washington cabinet on this
unusual path, since it by no means
possesses authentic knowledge of
all of the pertinent correspond
ence of the government of the
T, United States, nor is Il OF the
opinion that such knowledge
/. might be sufficient for it in the
present case. which. insofar as il
is formed. is in essential points OF
!, another nature than the case or
!, cases to which the government of
the United States seems to allude.
: The Imperial and Royal govern
q ment may therefore leave il to
4 the Washington cabinet to formu-
4 late the particular points of law
against which the commanding Of
ficer Of the submarine is alleged to
have offended on the occasion of
the sinking of the Ancona.
'r The government of the United
y States has also seen fit TO refer to
AZ the attitude which the Berlin
Is cabinet assumed in the above
IS mentioned correspondence. The
t. Imperial and Royal Government
lr finds in the much esteemed note
r no indication. whatever, of the
IT intent with which this reference
Ie was made. Should. however, the
government of the United States
thereby have intended to express
an opinion to the effect that a
"a prejudice OF whatever nature ex-
NJ listed for the Imperial and Royal
~ Government with respect TO the