Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1915-09-17
PAY FOR ARABIC
DEATHS REFUSED
Germany FIatIy Rejects Any In
demnity Claim.
REGRETS THE LOSS OF LIFE
Note to American Government Says
Submarine Commander Was JUS
titled in Action by Fear
Of Attack.


Berlin (via Amsterdam), Sept. 81
Germany in her note to the United
States government on the sinking of
the Arabic expresses regret for the
loss of American lives, but states pos
itively that no indemnity for such can
be granted.
The refusal to grant indemnity is
absolute and will stand even If the
submarine commander should have
been mistaken as to aggressive inten-
tons on the part of the Arabic.
Following is the text of the note.
made public tonight:
On August 10 a German submarine
stopped the English steamer Dunsley
about sixteen nautical miles south of
Kinsale and was on the point of sink
ing the prizc by gunfire after the
crew had left the vessel. At this mo-
ment the commander saw a large
steamer, as developed later, the Ara
bic. She was recognized as an enemy
vessel, as she did not fly any flag and
bore no neutral markings.
When she approached she altered
her original course, but then again
pointed directly toward the submarine.
From this the commander became con-
vinced that the steamer had the in
tention of attacking and ramming him.
In order to anticipate this attack he
gave orders for the submarine to dive
and fred a torpedo at the steamer.
After firing he convinced himself that
the people on board were being res
cued in Is boats.
According to his instructions, the
commander was not allowed to attack
the Arabic without warning and with
out saving the lives unless the ship at
tempted to escape or offered resist
ance. He was forced, however, to con-
clude from the attendant circum-
stances that the Arabic planned vio-
lent attack on the submarine.
This conclusion is all the more OBJ
vious as he had been fired upon at a
great distance in the Irish sea on Au-
gust 14-that is, a few days before
| by large passenger steamer, appar-
emily belonging to the British Royal
Mail Steam Packet company, which he
had neither attacked nor stopped.
The German government most deep
ly regrets that lives were lost through
the action of the commander. 1t par
ticularly expresses this regret to the
| government of the United States on
account of the death of American citi-
zens.
The German government is unable,
however, to acknowledge any obliga-
ton to grant 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 har-
monious opinion on this point, the Ger
man government would be prepared to
submit the difference of opinion, as be-
ing a question of international law. to
The Hague tribunal for arbitration,
pursuant to article 3S of The Hague
convention for the pacific settlement
of international disputes.
In so doing it assumes that as mat
ter of course the arbitral decision shall
not be admitted to have the impor
lance of general decision on the per
instability or the converse under in
ternational law, of German submarine
warfare.