The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-15

Is the German note in the Arabic case.
The United States finds II impossible to
accept this note AZ satisfactory because
In II Germany refuses to accept liability
for the act Tin this case the mistake) Of
It's submarine commander.
This strikes at the very fundamentals
Of the United States position. In its
frst note to Germany on the submarine
Issue. that of February 10, II declared
that II would hold the German Govern
ment TO strict accountability for the
acts OF Its naval commanders operating
under the just issued war zone decree.
In the Arabic note Germany cites the
fact that the actions OF the Arabic led
the submarine commander to believe
that the Arabic was OF hostile intent
and wa about to ram him. On this as-
sumption, therefore, he fred a torpedo
at her.
The note also asserted that pa ssenger
ships were not to be attacked unless they
tried to escape or offered resistance.
Instead OF following these statements
with the assertion that IL the facts war
ranted the submarine commander in as
Stunning that the Arabic intended to ram
him Germany would uphold his action
In torpedoing her, while IL the facts
showed to the contrary she would re-
pudiate his act and grant indemnity.
h'' ~ fAAl'EsAch' ~ wv
United states to accept her note by
bluntly asserting that she would ac-
ceDt no liability even IL the commander
was mistaken. This is the nub of the
issiie at present. and II is his attitude
which must be modified II the situation
regarding the Arabic is to be relieved.
The United States wishes Germany
TO take into consideration the facts in
the case OF the Arabic as shown by the
testimony of others than the submarine
commander. This evidence, in the
opinion OF the Administration, IL over
whelmingly against the assumption OF
the German officer. II was shown to
Ambassador Bernstorff yesterday, and
II is the understanding that he IL sub-
hitting the substance of II to Berlin.
BerIin's Move Now.
The solution OF the situation at pres
ent lies. therefore, In such response as
the German Government will make to
this presentation OF the United States
case and the evidence upon which II
bases his view. What has been done
here in the meeting OF Mr.. Lansing and
the Ambassador Is to give the Berlin
Government a nance to restate its po-
sition after hearing the evidence on both
sides OF the case.
The Arabic note was written and
despatched without any consideration
whatever being given to the facts OF the
situation as understood In Washington.
II Is now agreed hat this was most un-
fortunate that II would have been better
for Berlin to have made its report by
Bernstorr instead Of writing "A note to
Mr.. Gerard. IL is this situation which
Ambassador Bernstorff has undertaken
20 relieve.
The United States Government has not
asked him to do this. 1t has made its
position In the matter plain. leaving II
to the Ambassador and his Government
TO decide what they care TO do about II.
II Is not the expectation here that Ger
many Is 10 be asked to repudiate en-
tirely her submarine commander in the
Arabic case. All that Is required OF
Germany Is that she grant that the evil
dence in the case, aside from the COM
mandei's own statement, merely shows
that he made a mistake. The United
States holds that the German Govern
ment Is liable for the mistakes OF its
submarine commanders, and from this
position II will not yield.
This being the crux of the situation at
present. the Administrator Is not Civ
ing any particular regard at this time
TO the German proposal TO arbitrate. As
a matter of fact, as has been stated In
these dispatches, the United States will
not accept the German proposal for
arbitration. II Germany takes the ac-
ton which this Government requires and
assumes liability for the mistake OF the
submarine commander In the Arabic
q Sc. It is held here that the arbitration
question will be entirely and automati-
cally disposedof. That Is why, in the
words Of officials here, Arbitration is
not an issue In the Arabic case at this
time"