New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-18
AUSTRIAN PRESS
ASSERTS WILSON
OVERSTEPS LAW
Editorials on Reply to the
u. S. Note Are Marked
by Moderation.
DENY THAT VIENNA
is BERLIN'S VASSAL
Germans Back Ally's Stand
France Expects Penfield
VIII Be Recalled.

Vienna, Dec 10 (delsyed).-The edi-
torisl comment on the Austro-Hun-
garian governments reply 10 the Amer
lean governments note concerning the
characterized by moderation. The re-
ply was published this morning. The
comment of the "Neue Freie Presse'
is probably the most caustic of any
of the newspapers.
Baron Burisn," saws this newspaper,
"has answered the uncouth note OF the
United States with careful reserve. In
the preliminary counter explanation the
effort is made to induce the Washing
ton Cabinet to establish the RELIABLE
ity of the charges that international
law had been violated, instead of &C
cepting the generalities Of accusations
made in state of superexcitement.
"The calm treatment Of the Ameri-
can note is good, for the reason that
the Old World has been stupid enough
20 make itself economically dependent
upon the New World by wasting its
strength. But it will show itself SUI
perior in the politeness governing the
relations between peoples"
Evidence Is Missing"
The "Neue Freie Presse" and other
papers point to the impossibility of the
Austro- Hungarian government admit
ting that the commander OF the sub
marine which sank the Ancona should
be punished for a possible deficiency
on the demand of another government
when the evidence on which such a
demand. is based is not accessible to the
Austro- Hungarian government and con-
sists entirely Of statements made by
the plaintiffs side. The newspapers
say this is contrary to any law or sys-
TEN of Jurisprudence, and, in addition,
incompatible with the fundamental
principles Of state sovereignty.
The American government, the news
papers assert, would not think OF grant
ing any such demand for the reasons
stated, nor could it entertain doing so
il II did not desire utterly to demoralize
its naval service by giving its officers
to understand that, while they were ex-
pected TO carry out orders, the conse-
quences Of performing the duties so
imposed would be visited on them.
u. s. Is Plaintiff.
Concerning the American attitude
that Austria-Hungary should base its
instructions TO submarine commanders
on the American notes to the German
government in the Lusitania case-the
newspapers say that, while the Ameri-
can government would be justified in
making its position in that instance
precedent, il could not use it on the
principle that ignorance is no excuse
before the law, since in this case the
American government is not the judge,
but the plaintiff, who enjoys, according
to international law, no prerogatives
nor privileges which the Austro- Hun
garian government, as the agent of
sovereign people, does not have.
Nor, say the editorials, is the Amer
lean government justified in looking on
Austria Hungary as Germany's vsssal
state. This idea, which they assume
the Washington note indirectly indi-
Gates, they declare to be most absurd.
Austria Hungary, they add, now, as
ever, is separate and independent
state, and any relations the American
government may have with Austria
Hungary must have this fact as a basis.
Some of the papers express the be-
lief that the American note was has
tily drafted, and that its equity aspects
we're not thoroughly considered before
the note was transmitted. because,
they argue, there is no reason to be-
lieve that Washington, as the cham
pion Of international law, would have
purposely ignored so fundamental a
principle of international law as state
sovereignty, which the note in many
essentials entirely overlooks.