Western liberal. (Lordsburg, N.M.) 1887-1919, 1915-09-17
GERMANY DENIES
ARABIC LIABILITY
REFUSES TO PAY FOR DEAD
eEvEN n SUBMARINE MADE
a MISTAKE
Berlin Asserts Commander Of Under
water Boat Thought Liner Was
About to Ram Hlm-offera
TO ArbItrate, But Not
sea Policy.

western Newspaper Union News Service.
Beriin.-In it's note to the United
States on the sinking Of the White
Star liner Arabic Aug. 10, the German
government say that it most deeply
regrets that lives we're lost through
the action Of the commander; It par
ticularly expressed this regret to the
government Of the United States on
account Of the death Of American citi-
zens," and adds:
THE German government is unable
however, to acknowledge any obliga'
ton to grant indemnity in the matter
even II the commander should have
been mistaken as to the aggressive in
tentions of the Arabic"
The text Of the note given Ambas'
sador Gerard, Sept. Z, follows:
con Aug. 10, a German submarine
stopped the English steamer Dunley
about sixteen nautical miles south OF
Kinsale and was on the point Of sink.
ing the prize by gun fire after the
crew had left the vessel.
AT this moment the commander
saw a large steamer making directly
toward him. This steamer, as devel-
oped later, was the Arabic. She was
recognized as an enemy vessel, as she
did not fly any flag and bore no neu.
trail markings.
when she approached, she altered
her original course, but then again
pointed directly toward the submarine
From this the commander became
convinced that the steamer had the
intention Of attacking and rammine
him.
"In order to anticipate this attack
he gave orders for the submarine tc
dive and fired a torpedo at the steam
er. After firing he convinced him
self that the people on board were
being rescued in fifteen boats.
According to his instructions, the
commander was not allowed to attach
the Arabic without warning and with
out saving the lives Of those on board
unless the ship attempted to escape
or offered resistance.
HE was forced, however, to con
clude from the attendant circum
stances that the Arabic planned a vic
lent attack on the submarine.
This conclusion is all the more OBJ
vious, al he had been fired p o at {
great distance in the Irish sea OF
Aug. 14-that is a few days before
by a large passenger steamer appar
emily belonging to the British roya
mail steam packet company which hi
had neither attacked nor stopped.
THE German government most
deeply regrets that lives we're lost
through the action of the commander.
It particularly expresses this regret to
the government of the United States,
on account of the death of American
citizens.
The German government is unable
however, to acknowledge n obliga
ton to great indemnity in the matter
even if the commander should have
been mistaken as to the aggressive in
tentions of the Arabic.
IF it should prove to be the case
that 1t is impossible for the German
and American governments to reach a
harmonious opinion on this point the
German government would be pre-
pared to submit the difference of opin.
ion, as being a question of interna
tional law, to The Hague Tribunal fol
arbitration, pursuant to Article 3S Of
The Hague Convention, for the pacific
settlement Of international disputes.
I'm so doing it assumes that as
matter Of course the arbitral decision
shall not be admitted t. have the i'm
portance of a general decision on the
permissibility or the converse undo
international law Of German subma
rine warfare"