Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1916-05-06
Diplomatic Break is Averted
HISTORY OF LONG
VERBAL BATTLE
Try to Reach Aare . ment.
Continued From Page l


Try to Reach Agreement.
The negotiations at this point SEEM
ed to have come to such an impasse
that the exchanges of notes between
Washington and Berlin were stopped
and that controversy was brought into
the realm of informal conversations"
between Secretary Lansing and Count
Won Bernstorff, the German ambassa.
dor. 1t was thought that much could
be accomplished by personal contact
which was lost in a cold exchange of
documents.
The recent declaration of the state
department on the status Of armed
merchant ships touches upon this
point. 1t said:
1T Is necessary for a belligerent
warship to determine the status of an
armed merchant vessel of an enemy
encountered on the high seas.
THE determination of wArlike char
acter must rest in no case upon pre-
sumption but upon conclusive evidence
because the responsibility for the
destruction of life and property de-
ponds on the actual facts of the case
and can not be avoided or lessened by
standard of evidence which bel.
ligerent may announce as creating a
presumption of hostile character. On
the other hand, to safeguard himself,
from possible liability for unwarrant-
ed destruction Of life and property.
the belligerent should, in the absence
Of conclusive evidence, act on the pre-.
sumption that an armed merchantmen
l, - v,no 200 h1o ho cfnr
Must Not Presume.
"A presumption based solely on the
presence Of an armament on mer'
chant vessel of an enemy Is not SUI
ficient reason for belligerent to de-
clare it to be a warship and proceed to
attack 1t without regard to the rights
Of the persons on board Conclusive
evidence of purpose to use the arma-
ment for aggression Is essential
Summarizing the status of mer-
chant ship on the high seas, the dec
laration held:
"The status Of such vessel as a war
ship on the high seas must be deter
mined only upon conclusive evidence
Of aggressive purpose in the absence
of which it is to be presumed that
the vessel has a private and peace
able character and 1t should be SO
treated by an enemy warship.'
The declaration. however, recog-
nized that armed merchant ships
might be acting under instructions to
attack enemy warships and made this
provision:
Exception 10 Made.
"A vessel engaged internationally in
commerce and under commission or
orders of it's government imposing a
penalty in pursuing and attacking
enemy naval aft, possesses status
tainted with hostile purpose. which
It can not throw aside or assume al
will. Any person taking passage on
such vessel can not expect immun-
ity other than that accorded persons
who are on board warship."
This declaration, at first Intended
to be communicated to all the powers
in a memorandum, was issued as a
statement Of this governments atti-
tude by direction of President Wilson
and was communicated to all the
powers.
Near Breaking Point.
Meanwhile the Arabic was sunk on
August 10. 1t seemed that the United
States and Germany had reached the
point OF break. Then, September I,
Count Won Bernstorff presented this
written assurance to Secretary Ian.
sing:
Liners will not be sunk by our sub
marines without warning and without
safety of noncombatants, provided
that the liners do not try to escape or
offer resistance"
The United States had agreed that
ships hailed for visit and search took
risk If they attempted to fee but it
contended not for the safety for
liners" alone but for the immunity
of all peaceful merchant vessels the
word "liners" was the completing
point in Germany's assurances.
October the Arabic case was dis
posed of by Germany disavowing the
sinking and giving renewed assurances
that submarine commanders had again
been instructed to avoid repetition OF
the acts which provoked American
condemnation. Count Won Bernstorff
delivered to Secretary Lansing this
communication:
"The orders issued by his majesty,
the emperor, have been made SO strin'
gent that the recurrence OF incidents
similar to the Arabic case is consider
ed out of the question
Negotiations reverted to the Lusi-
tania case. Germany had agreed to
pay indemnity for American lives lost
but the negotiations were delayed by
a seeming deadlock over the words In
which Germany should acknowledge
the illegally Of the destruction OF the
line. Germany was unwilling to use
the word illegal
New Crisis Arises.
A formal communication including q
compromise declaration was submitted
to Secretary Lansing.
A favorable settlement seemed IN
sight when all progress was reduced to
nothing by Germany's declaration OF .
new submarine policy of sinking with
out warning all armed merchant ships
and that precipitated situation 80
vitality interviewer with the whole
structure Of the Lusitania case that
President Wilson declined to close the
Lusitania settlement. German sub
marine warfare was continued and new
cases involving loss Of American lives