The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1915-07-29
Freight Steamer LeeIanaW Re-
ported TOrpedoed BY Sub
marine While Returning
From Russia.
NONE OF HER CREW LOST
Vessel Was Laden With Flax,
ClaSSed as Contraband-
Doubt Attack on Steamer
Comes Within Law.
WASHINGTON DISAPPOINTED
Facts Will Be Ascertained Be-
fore Further Representa-
tions Are Made-In-
creases Tension.
WASHINGTON DISAPPOINTED

London. July 27.-The American
steamship Leelanaw. from A~rchangel.
July 8, for Belfast. with a cargo of
rlax. was sunk July % by a German
submarine off the northwest coast Of
Scotland.
All the members Of the crew of the
Leelanaw were saved. They We're
brought Into Kirkwall in their own
boats. ~
The steamer left New York May IT
with a cargo OF cotton consigned to
Russia by way OF G~othenburg. The
vessel was detained at KirkwaH while
inquiries were made as to the possi-
bility OF getting her cargo to Russia.
as Sweden forbIds the export OF cot
Ton: The ship was released June 26
with permission to proceed to Arch
angel, where the cotton was DISCHARGED
ana a cargo OF fax was loaded for
No details Of the t~orpedoing of the
Leelanaw have beer received beyond
a message stating that the crew had
been safely landed at Kirkwall. Scot
n from which place they notified
the American consul at Dundee of the
sinking Of h vessel.
Washington, d. c., July 26.-The
torpedoing OF the American steamer
Leelanaw Is q shock to American Of
hcials, who see in the incident further
aggravatton Of the situation between
Germany and the United States.
Although they hesitated today In the
absence OF details to construe the act
as coming within the warning of the
last American note, which pointed out
that further violation Of international
law affecting American citizens would
be regarded as deliberately unfriend-
~" the view was taken that Germany,
IN nHnRf hn1 tn-~-l -
an earlier note sent in connection with
n sinking of the American sailing
ship William p. Frye by the German
cruiser Prinz Eitel FREDERICK.
Tho American View.
In that communication the United
States vigorously asserted its position,
that, even though an American ship
carried c~ontraband Of war, 1t was pc
culiarly protected from destruction by
the stipulations Of the Prussian- Amer
lean treaty of 1928. Flax, which was
being carried by the Leelanaw, was
declared absolute contraband by Ger
many on April IS, as retaliation against
the British contraband declaration.
While precedents in international
law in recent years. supported partic-
ularly by the declaration OF London,
have recognized a right Of a belIigerent
to sink a neutral vessel carrying con-
traband If the ship was certain Of con-
demnation by a prize court, the action
has been limited to extreme cases of
necessity when the taking OF a prize
ITO port would Involve danger to the
V .ssel making the capture.
Irrespective of the principles OF in
ternational law noted on that point,
however. the United States has. in it's
correspondence with Germany, insisted
on the application of the following ar
ticle 13 of the treaty.
Basis of Oninion-
TN the case Of one Of the contract
ing parties being engaged with any
other power, to prevent all the diff
cultieS and misunderstanding that US
ually arise respecting merchandise OF
contraband, such as arms, ammuni-
ton and military stores of every kind,
as such articles carried in the vessel.
or by the subjects or citizens OF either
party to the enemies of the other, shall
be deemed contraband so as to induce
confiscation or condemnation and a
loss Of property to individuals. Never
theless, 1t shall be lawful to stop such
vessels n articles, and to detain them
for such length OF time as the captors
may think necessary to prevent the in
convenience or damage hat might en-
sue from their proceeding, paying, how
ever, reasonable compensation for the
loss such arrests shall occasion to the
proprietors."
But in the case supposed Of a vessel
stopped for articles OF contraband. IL
the master OF the vessel stopped will
deliver the goods supposed to be Of
c~ontraband nature, he shall be per-
mitted to do 1t and the vessel shall not
in that case be carried into any port,
nor further detained but shall be al
lowed to proceed on her voyage"
Admitted Liability.
Germany Immediately admitted her
liability under the foregoing articles
when the Frye was sunk and agreed to
pay damages, but took the view that
the sinking of h vessel raj not a
violation" of the treaty but a right
that had ~inferentially been granted by
treaty itself. Germany replied, low
then international law on the sea will
not be worth the price of the volumes
that have been written describing II.
If this government retreats from the
position II has taken before Germany,
with respect to life. It needs no diagram
to demonstrate hat there Will be small
use talking about the rights OF ordin-
r. .commerCe on the seas In war time:
and If the United States cannot uphold
neutral rights, it is hardly to be ex-
peCted thaS weaker nations can do so.
The developments of the next few
weeks. with respect to the American
German controversy. are likely to be
of a historic moment. which is as yet
but dimly comprehended, whether they
turn in favor of a satisfactory under
standing or whether they a the op-
pOsite turn.