The Birmingham age-herald., 1915-07-16
GERMANY ADMITS
 SUBMARINE ATTACK
 ON HE NEBRASKAN
Expresses Regret for Incl dent and Will Pay Dam- ages-American Off,
 cials Are Pleased

Washington, July 15.-Germany's admis- sion of liability and expression of regret today for the German submarine attack on the American steamer Nebraskan pleased officials here, but it was the general opin- ion that legal points raised would require the dispatch of note further to conserve American rights in the war zone. A memorandum stating Germany's position reached the state department through Ambassador Gerard at Berlin
 Legal officers of the American gov- ernment who examined the German mem- orandum pointed out that in many re- spects the case resembled that of the William P. Frye. the American ship sunk by the Prinz Eitel Friedrich In both cases Germany has expressed regret and has offered to compensate American citi- zens, but the action of the German com manders has been declared justified. To admit this. officials here say. would es- tablish a dangerous precedent
 In the Frye case Germany contended that it was fair inference from the lan- guage of the Prussian-American treaty of 1928 that an American ship carrying con- traband could be destroyed if there were no other way to stop transportation of contraband The United States objects to this construction of the treaty and in the case of the Nebraskan probably will place on record its view that the attack, even though payment is assured and regrets expressed, was an illegal act.
 Probes American Case
 Officials take the view that the Ne braskan case proves conclusively that merchantmen must be visited before attack to determine it's nationality and the character of it's cargo. Some high officials do not believe the United States would insist that in exercising the right of visit, the submarine commander ac- tually be required to board a merchant man. but would hold that a ship could be visited" by signalling warning to stop and asking for the submission of papers
 The German memorandum was the sub Ject of much comment in official quarters because it bears conclusions reached by Lieut.. John R. Towers. American naval attache Tn London who forwarded frag- ments of metal found in the Nebra skan with his expression of opinion that the vessel was torpsdoed. In the case of the Gulflight, too, American naval construc- tors in London established that the vessel was torpedoed
 The navy departments report on the Nebraskan never has been made public but in view of the admission by Germany today, officials said that the findings of navy officers were confirmed by the Ger man foreign office memorandum.
 Secretary Lansing's announcement fol- lows:
 Ambassador Gerard has telegraphed to the department of state the following memorandum from the German foreign office relative to the damaging of the American steamer Nebraskan by Ger man subma rine.
 " The official report of the attack forwarded by Ambassador Page after investigation by Lieut. John E. NJ Towers, naval attache of the embassy -said the Nebraskan was in water bal last outbound from Liverpool for Del aware breakwater and that although her flag had been hauled down just after the sunset, as is the custom, there were painted on her sides in letters six feet high the words: "Nebraskan New York" After the attack the ship headed about for Liverpool. conveyed by British ships. reached that port safely, 1t was reported. No one was hurt in the explosions which left evil dences causing some doubt whether the ship had been struck by a tor pedo or mine. American naval officers however, finally decided it probably was a torpedo"
 Starts Investigation
 "The German government received from newspaper reports the intelli- gence the American steamer Nebraskan had been damaged by a mine or tor pedo on the southwest coast of Ire land It therefore started thorough investigation of the case without de- lay and from the result of the in yestigation it has become convinced that the damage to the Nebraskan was caused by attack by a submarine
 "On the evening of May 25, last the submarine met steamer bound west ward without a flag and with no neu- tral marking on her freeboard about 35 nautical miles west of Fastnet Rock, no appliance of any kind for the illum- ination of the flag. or markings was to be seen In the twilight which had already set in the name of the steam CT was not visible from the submar- inc. Since the commander of the sub- marine was obliged to assume from his wide experience in the area of mari- time war that only English steamers and no neutral steamers traversed this war area without flag and markings. he attacked the vessel with torpedo in the conviction that he had an enemy vessel before him.
 sometime after the shot the com mander saw that the vessel had in the meantime hoisted the American flag. As a consequence ne. of course. re- trained from any further attack. Since