Cheyenne record., 1915-09-16
GERMANY DENIES
ARABIC LIABILITY
REFUSES TO PAY FOR DEAD
"EvEN IF SUBMARINE MADE
A MISTAKE."
Berlin Asserts Commander Of Under
water Boat Thought Liner Was
About to Ram Him-Offers
to Arbitrate, But Not
Sea Policy.

western Newspaper Union News Service.
Berlin.-In its note to the United
States on the sinking of the White
Star liner Arabic Aug. 10, the German
government says that It most deeply
regrets that lives were 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 if 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. 7, follows:
"On 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
r1rin fhot tho ctnQmar had the
intention of attacking and ramming
him.
"In order to anticipate this attack,
he gave orders for the submarine to
dive and fired 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 attack
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-
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
Aug. 14-that is 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
deeply regrets that lives were lost
through the action of the commander.
the government of the United States,
on account of the death of American
citizens.
"The German government is unable,
however, to acknowledge any 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.
III it should prove to be the case
that it 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 question of interna-
tional 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 a
matter of course the arbitral decision
shall not be admitted to have the i'm
portance of a general decision on the
permissibility or the converse under
international law of German subma.
rine warfare"