Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-11-15
SINKING OF lUs|TAN|A
DEFENDED BY GERMANS
IMcnty-Onc Authorities ON Interna-
ional Law Give Opinions on
Legal Questions.
COLLECTED IN ONE VOLUME
Attack ON Encmy's Vessels and Sink
ing OF Ships When Likelihood OF
being Rescued Is Upheld by DIR.
Knrl Strupp.

! HkESLAC. GERMANY. November ID
most prominent German authorities on
| international law. with few exceptions
, university professors. on the legal
! questions involved in tho sinking of the
l'usitania, have heen collected into one
volume, which is published and hailed
as the conccnsus Of German opinion.
In differing language. but with unani-
! NIFTY. the authorities agree that tho
net of the submarine was justified.
! As representative of all twenty one,
the koelnische Zcitung selects for pub
LEGATION and approving comment the
opinion of Professor Max FleiSchmann,
! OF the University of kocnissborg. who
! has written II comprehensive but con-
cise Introduction TO the book. ANA cx-
tracts from the opinion Of Or. Karl
F.; Strupp. of Frank fort on the Main.
| Or. StrupD begips by quotations from
| naval orders In the war OF 1872. issued
respectively To Lieutenant Allan, OF the
American s.,ip Argus. anu to Captain
Stewart. the first advising of the ad :
vhntageousness OF attacking the
encmy's commerce, ana the second di-
rectinE the sinking OF English VESSELS
when there is any risk OF their being
| rescued while en- route to port as
prizcsi
SUBMARINE COMMANDER
ACTED WISELY, HE SAYS
IT cannot be expressed more clear
y, says DIR Strupp. that the North
| American government orders the de-
struction OF enemy ships when they
cannot be safely brought to Friendly
port"
He then asks the question whether
II is the duty Of q war vessel To save
the passengers mud crew Of nm enemy
ship, admitting in doing so that exist
ing rules OF international law apply To
submarines. He declares they are 10
be regarded ~ suspended when mill
| ,nry necessity, or even when serious
need, arises
The commander OF vessel. he says.
must weigh the circumstances. ana did
In the i.usitanin case, aud decided right
~ that such ncoa did exist for his
, little ship before the giant vessel of
I 10000 tons, which might at any time
ram him. and which probably hud con
ceaied cannon ON board. and PERHAPS
even Canadian auxiliary troops
AMERICAN CONTENTION
Is "WiiOILY DE:NIOl ="
About al" says DR.. strupp. lit la
settled that the Lusitana was an aux :
ilinry cruiser. subsidized by the Eng
fish government and carried ny such
IN the English lists. which NJ Il nat
ural consequence meant that she was
no longer merchant vessel. but was
TO be regarded and treated ns n vcs-
sci OF war.
The submarine comma nder, continues
br. Strupp. did not have to wait unit,
his danger became acute. In case tho
destruction of the Iusi.ania was Justi-
he'd. he WAS under no necessity 10 take
heed of tn" presence OF noncombntnnts
not even OF neutrnls Whether two or
Loo were involved Is not a question
Of law. but purely one OF quantity.
The number plays a role only from a
humanitarian. not from judicial
standpoint
Tho american contention that tive
commander should have warned the
l. isitania Dr. Strupp characterizos as
wholly devious In support of his
contention he again quotes from
American precedent and reproduccs an
order OF Secretary OF State Bayurd OF
January 6. 1883. reading:
1T is the duty OF foroiEners TO
" IiiulH" from ShCh flSks, ANA II the
do not do -. or il they voluntarily ex-
pose themselves to such risk. they
must take the Consequences
Likewise the author nlso denies that
any indemnity should he paid for lives
or property lost on the Lusitnnia. and
cites prize-court finding in tho
Franco-Gcrman war. y French court
ruled that English, then neutral
owners OF carEoes that had been sunk
In German ships. could not collect dam
ages. He also Quotes the English nu-
thority or international law, Hall. who
snys that neutral owners OF GARAGES
destroyed by acts OF war have no valid
claim for damages
In addition to the opinions of the
twenty one professors. which tn<e up
ninety -,hrec pages. the new boon con-
thins. for future reference the an
uouncoment of the German admiralty
Of February 4. the American note of
February IL. the German answer OF
February IL and the note exchange
following the Lusitania incident.
M'cGII INNER CHAQHEc