New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-16
Another Crisis" Circumvented.

Another Crisis CIrcumVenteu'
According to Washington dispatches an
other "crisis" in our relations with Ger
many has been circumvented. It is getting
10 be a habit TO circumvent such crises by
merely postponing a settlement Of the I'M
deriving issue. Soon that issue crops out
again and we face a new crisis, or rather
the same old crisis in a new aspect.
Count Won Bernstorff has now been IN
trusted with the task of getting from the
German government a more explicit YER
sion Of the pledge offered by him on Its
behalf on September /. In that pledge
Germany promised TO abstain from sinking
liners without giving warning and without
proyiding for the safety Of the non-com-
batants on board. But the limitations put
on the promise in the Arabic and Orduna
notes have nullifed its practical value, and
this government naturally feels that it has
been pit off with a shadowy abstraction IN
. situation in which it thought it had re-
ceived a concrete definite, inviolabie as
surance.
While our government waits and hopes
Count Won Bernstorf assumes the burden
Of persuading the German government to
reduce indefRiteness to clarity and to end
tho constant violent clashings between the
nractices Of the German Admiralty and
the assurances of the German Foreign
Office. Those clashings are an old story
for us. as we'll as a painful and highly ir-
ritating one.
Germany has admitted that she has no
right TO deal with neutral shipping on the
high seas except in accordance with the
established rules of international law. She
has admitted that under the century-old
treaty Of commerce between the United
States and Prussia she has no right to
sink American ships or to seize and de-
strov contraband carried on them without
Offering indemnity. Yet German war
vessel sank the William P. Frye and her
government is still splitting hairs over the
question Of reparation. German submarines
torpedoed the Gulfight and the Nebraskan
and German airship attacked the Cush-
ing. In two of those cases the lame eX-
cuse was made that no flag was displayed
In the third it was explained that the sub
marine commander mistakenly supposed
that his victim was British ship under
convoy.
According TO the German Foreign Of
fees admissions these ships were entitled
to an observance of the obligation of vista
ton and search before being seized or
sunk. But according to the Admiralty's
practice they were attacked first and no
inquiry was made until afterward as to
their status and their right to immunity
At the time the Eusitania was destroyed
Germany had not yet admitted that I'M
armed enemy merchantmen should not be
sunk without warning and without regard
for the safety of non-combatants. Not long
ago she decided TO change her submarine
policy and to bring it into conformity, so
far as liners are concerned. with interna-
tional law and humane instincts.
Yet since that change of policy was
notified to the German Admiralty the
Orduna has been attacked unsuccessfully
and the Arabic has been sunk. In the
first case all that Germany has had to
offer is the excuse that the submarine
commander, lowing TO weather condl-
tons" could not tell what sort Of ship
the Orduna was and so fired at her on gen
eral principles. In the Arabic case the
preposterous justification was attempted
that the submarine commander thought the
Arabic was preparing TO ram him, and so
destroyed her in self-defence. A sinister
taipiece was added TO this latter eX-
PLANTATION. Even if the submarine com
mander's judgment was mistaken, the Ger
man government said, it could not admit
any obligation to grant indemnity.
Thus the record stands. What is Ger
many's promise worth, if its execution is
to be left TO the erratic judgments of indi-
vidual submarine commanders and if mis-
takes on their part put no liability on their
government? The value of a promise is
in its fruits, and Germanys promise has
so far proved Dead Sea apple--a steril
lied ideality.
The real issue with Germany is side
tracked, not settled 1t cannot be settled
until Germany conforms in action as wei
as in words 20 the rules OF international
law whic< protect American ships anC
American non-combatants on the unarmeC
merchant ships of Germany's enemies.