Evening star., 1915-12-04

to the satisfaction of the department that
Boy-Ed had violated the neutrality laws
of the United States, or that he had done
anything which at the time of commits
sion was in violation of the federal
statutes.
Law Passed Subsequently.
In fact, when the effort was made to
-aT5,y the German fleet in North and
South American waters, there was no
law on the statute books which per-
mitted prosecution for that action. 1t
was only after the German feet had
been driven from American waters and
the activities of the Hamburg-Ameri-
can line had ceased that Congress, dur
ing the closing days of the last ses-
sion and at the urgent request of the
President, passed the act which makes
such proceedings unlawful.
1t fs understood that while in the
case in New York nothing actually had
been proved against Capt. Boy-Ed, In
view Of the attention attracted by the
case, officials reviewed his record and
determined that now was a good time
to get both Capt. E;oyEd and Capt.
Won Papen out of tne United States.
The State Department does not have
to have legal evidence, but can act as
it has done in the cases of the attaches
duct The attaches need not have
been guilty of technical violation Of
any law.
Offense of Won Papen.
Won Papen's principal offenses con-
sisted of sending report to the Ger
man war office by Archibald and the
interest he is said to have had in To-
menting strikes in munitions factories.
1t was Won Papen who. in letter taken
from Archibald when the British au-
thorities searched him. made a refer
ence to these idiotic Yankees"
The view of German officials in this
connection is understood to have been
from the start that the United States.
in taking any action upon the papers
found on Archibald. was using evil
dence which was fuFlished by the
enemies OF Germany, and, therefore,
was improper.
This government, 1T was said today,
undoubtedly would ask the entente al
lies for safe conduct for the offending
attaches. They are expected to leave
as soon as transportation arrange
ments can be made.
State Department officials were con-
sidering today what action should be
taken in the case of Alexander Won
Euber, Austro-Hungarian consul gen
eral at NeW York, whose name has
been linked with those of Capts. Boy
Ed and Won Papen In connection with
activities regarded as Objectionable by
the United States. The department, 1t
was also said today, is considering
whether any action should be taken re-
garding other higher of1lcialS OF for-
eiln EN- aSSieS here.
Exclamation of Delay.
1t is said with authority that 1t was
because of the investigation that is
being made to determine the desir-
ability of Consul General Won Nuber
that no further action had been taken
py the Department of Justice regarding
the statement issued in it's name, which
appeared to give confirmation of the
charges made by DR.. Goricar, former
Austrian consul.
The charge of the Austrian embassy
here protested against the statement
and asked that it be denied. The Aus
trian foreign Office. through Ambassa-
dor Penfield at Vienna. also inquired
about the statement, asking whether
the Department OF Justice had issued
it and, IL so, upon what grounds the
assertions In it were made. No reply
has been made. and it is considered
probable that none will be, until the
state Department determines whether
Won Nuber is an offender or whether
his presence in the position he holds is
Objectionable.
Safe Conduct Not Asked,
Requests for safe conduct for Can't.
Boy Ed and Capt. Won Papen had not
,o,,baJ the State Depa artrnanf
but were momentarily expected
Secretary Lansing today declined to
discuss the various angles of the case.
particularly the report that other Of
ficials of foreign embassies here were
under investigation. 1t Is known, how
ever, that such an investigation Is un-
der way. 1t was not disclosed what
had hAAu mazda