Evening star., 1915-05-31


technical argument on matters of law
hitherto undisputed under the univer-
sally accepted laws of nations.
Most important Of all. it was noted.
that no attention was given to the re-
quest of the United States for assur-
ances that American lives would be
safeguarded in the future.
From a previous knowledge Of the
Presidents feeling over the Lusitania
disaster. in which more than 100 Amer
leans lost their lives, it Is confidently
believed in many quarters that he will
order the dispatch Of a second note to
Berlin within twenty-four or forty
eight hours, answering Germany's re-
quest for the facts Of the Lusitania' 8
cargo and equipment with restate-
ment of the circumstances as made
clear in the flrst American note and an
intimation that prompt reply Is ex-
pected.
Reference, II Is believed, will be made
to the understanding of the American
government that another vessel-the
Nebraskan-has been torpedoed with
out warning while the diplomatic dis
cussion was In progress, and urgent
inquiry. 1t is thought, will be made as
to what effective measures will be
taken Immediately by the German gov
ernment to prevent the further de-
struction Of American lives and prop
erty.
No Promise Given.
Ohicers Of the United States govern
ment say the American point of view
on the legal questions involved has
never been disputed in the past by Ger
many or any other nation of the world
In any of the essential features.
Analysing the German reply, it was
pointed out that the German accept
ance of responsibility for attacks on
the American ships Gulflight and the
Cushing, with expressions of regret
and offers of reparation. could not aid
materially in clearing up. the situation,
since, as was declared in the American
note. such promises do not remove a
held. Is proved by the attack on the
Eebraskan. and the absence of any
assurance that Americans on unarmed
merchant ships of any flag in the fu-
safety before such a ship is destroyed
as a prize Of war.
Continued attacks on American ves-
sells. even though hostile intent may
be disavowed in each case. is regarded
by American officials as constituting
in total effect a hostile practice.
The discussion In the German note
Of the sinking of the British steamer
Falaba. on which Leon c. Thrasher. an
American citizen. lost his life, was not
been a controversy in the reports of
the German government and the af1-
davtts Of survivors over the length OF
time given the Falaba to transfer her
been satisfactorily established. The
Falaba case. however. Is only Incl
dental to the American protest over
the German method of conducting sub
marine warfare, and is not as vital
from a legal point of view as the tor
w
tania.
German Contentious Unsound.
Germany's contention that the Lusi-
tania was built as an auxiliary cruiser
and was on the British naval list, and
that 1t was armed with cannon was met
with the statement in official quarters
that the merchant ships of all nations
may be Communicated by the respec-
tive governments in times Of war. but
the change from a peaceful merchant
man to an armed auxiliary naval YES
sci is a proceeding of such a distinct
character as to leave no doubt as to
when 1t has taken place.
Great Britain's practice always has
been, 1t was pointed out, to place a
commissioned naval officer in command
Communicated only in home ports, and
to equip the vessel with guns. Accord
ing to the report of an official investi-
cation by government officials before
the Lusitania was granted clearance
from New York, the ship carried no
guns, mounted or unmounted. More
over, there has been an agreement for
, several months between the United
States and Great Britain that no Brit
ish merchant ships leaving American
ports shall carry any guns.
Tho argument in the German note
that the Lusitania carried Canadian
troops and ammunition Is regarded by
offlcials as irrelevant, for they declare
it is well known that no Canadian
troops could pass as an organized body
over American soil. and the sailing OF
few unarmed individuals does not
constitute an armed expedition under
international law. Neither, it Is con-
tended, has traffic in arms and ammu-
milton been regarded as warranting the
destruction of any unarmed merchant
man without previous visit and search
q. 8. Law Misquoted.
AS to the citation Of provisions of
American law on the question Of carry
ing passengers on ships transporting
munitions Of war. attention was called
to decisions in 1911, when the Ameri-
| statutes applied not to cartridges. but
to self-exploding material such as
dynamite and nitro-glycerin.
The German governments reference
| to the proposals made by the United
States to secure abandonment of SUBJ
marine warfare by Germany through
an agreement with Great Britain
| whereby tho latter would not interfere
with foodstuns for the civilian popula-
tion Of a belligerent was not expected.
President Wilson has made it clear.
however, that the issues raised by the
sinkin gof the Lusitania and other vio-
lations of American rights on the high
seas must be settled on their merits,
entirely apart from conditions arising
| in the relations of the United States
with other belligerents.
Orthodox JeWs Commend President.