Omaha daily bee., 1915-09-11
KAISER NOT OBLIGED
TO GIIl INDEMNITY.
German Government Offers to Sub
NIT Difference Of Opinion in
Arabic Case to Hague.
NOTE 10 AMERICA MADE PUBLIC


BERLIN Cvia London). Sept. 10.
LIN its note 10 the United States
on the sinking Of the White Star
liner Arabic. the German government
says that Il most deeply regrets that
lives were lost through the action of
the commander; IL particularly ex-
presses this regret to the govern
ment of the United States on account
Of the death of American citizens"
and adds:
The German government is un-
able, however, 10 acknowledge any
obligation TO grant indemnity in the
matter. even II the commander should
have been mistaken as to the aggres-
five intentions Of the Arabic"
Text of the Note.
The note. which was communicated 70
Ambassador Gerard for transmission TO
Washington. is In the form OF a memo
randum. under date Of September :. the
text OF which fellows:
''on August 10 a German submarine
stopped the English steamer Dunaley
about sixteen nauticel miles south OF
Kinsaie, and was on the point of sinking
the prize by gunfirs after the crew had
left the vessel. At this moment the com
mander saw a large steamer making d.
rectly toward him. -This steamer, as de-
veloped later, was the Arabic II was
recognized a. an enemy vessel. as Il did
not fIy any flag and bore no neutral
markings.
when II approached It altered its
original course. but then again pointed
directly toward the submarine. From
this the commander became convined
that the steamer had the intention Of at
tacking and ramming him.
Gives Orders 90 Fire.
In order to anticipate this attack he
gave orders for the submarine to dive
sn6 fired torpedo at the steamer. After
firing he convinced himself that the peo-
pie on board were being rescued in fifteen
boats.
"According 20 his instructions, the com
mander was not allowed 70 attack the
Arabic without warning and without saw
ing the lives OF those on board. unlesa the
ship attempted 20 escape OF offered re-
alstance. He was forced. however. to
conclude from the attendant cirounn-
stances that the Arabic planned a violent
attack on the submarine.
This conclusion Il ali the more obvious
~ he had been fired upon at a great dis
tance in the Irish Sea on August l4--that
10. few days bofore-by large passen-
ger steamer. apparently belonging 10 the
british Royal Mail steam Packet com
pany. which he had neither attacked nor
stopped.
''The German government most deeply |
regrets that lives wers iost. through the |
action of the commander. II particularly
Expresses this regret TO the government
or the United States ON account OF the |
death OF American citizens.
Under NO obligation.
The German government is unable, |
however. to acknowledge any obligation |
20 grant indemnity in the matter. even II |
the commander should have been mis-
taken az TO the aggressive intentions Of
the Arabic.
III It should prove to be the case that
Il Is impossible for the German and
American governments to reach a har-
nonious opinion In this point the Ger
man government would be prepared to
submit the difference OF opinion, az being
= AAtatAoI " AnNtNtlAtAHuHi lHWt 10 Inc
Hague tribunal for arbitration. pursuant
20 article 3 OF The Hague convention for
the pacific settlement OF international
disputes.
In so doing Il aesunna that as a mat
ter Of course the arbitral decision shall
not be admitted 20 have the Importance
OF q general decision on the permissibfty
or the converse. under international law,
OF German submarine warfare"
Reaches state Department.
WASHINGTON. Sept. "a note from
Germany regarding the sinking OF the
liner Arabic reached the State department
BY cable through Ambassador Gerard To-
day soon after the arrival Of mail re-
port from Ambassador Page at London
enoIosing affidavIts Of the Arabic's sur
vivors.
The sufficiency OF the German excuse
FOR attacking the Arabic IL believed to
hinge in some degree upon the move
nients OF the liner just before the ex-
piosion.
The affidavits Of survivors. n IL under
stood. Indicate that the vessel when tor
pedoed. was doing no more than follow /
ing the tactics commonly pursued when
the presence OF q submarine IL suspected /
zig-zagging IN the hope OF escaping a
torpedo.
Press dispatches from Berlin recently
saying Germany would offer TO refer the 1
rnaffas NJ rauaratif.r - The "a. e,,. -. /