Evening journal., 1916-02-05
Crisis COMES With
KAISER'S refusal
(Continued FROM First Page.l

lOlA LAAnb Il bf-NsJ
principal naval arm, the submarine.
Before taking a decisive step
toward seyering diplomatic relations
with Germany, if such serious step
is finally deemed necessary, the
President it is believed. will await
the return of Colonel House, who will
shortly sail from London for America.
Deadlock Over Word "Illegal.'
The diplomatic deadlock is over the
use of the single word "illcgal'
Whether a rcprisal car be legal. as Ger
many declares the lusitania's sinking
was, is the point upon which the two
governments divide. I'm the absence 0i
international law regarding submarine
warfare at the time when the Lusitania
was attacked, and the facts that the
Lusitania was an enemy ship, loaded to
the decks with guns and munitions, Ger
many insists that even without warning,
the attack was not then illegal. Ter
subsequent agreement TO warn vessels
before sinking them is held not to
apply to conditions when the Lusitania
went down.
On the other hand, .he American
government contends that under all law,
national or international, moral ana
human, the Lusitanias destruction was
illegal The demand for disavowal
while linked with demand for admission
of the illegality Of the attack, Is a
distinct additional factor. The admin
istration asks that Germany repudiate-
disavow-that act of the submarine
commander for the reason Of its alleged
illcgality.
While an implied disayowal by ac-
knowledgment of the illegality of the
incident might be acceptable, accord
ing to intimations from oinclal
sources, the admission sought thaI
the attack was without the pale OF
written or unwritten law Is the point
upon which both governments nave
declared an impasse reached.
Unofficial reports from Berlin that
arbitration is suggested have never
in the past been received with favor.
The administration has maintained
il could not arbitrate so grave a
question of national hOnor-that It
cannot arbitrate "the wholesale
slaughter of Americans, the sacrifice
of innocent nOn-combatant neutrals,
including women and children"
While the question whether the act
was illegal is strictly a question oil
law, arbitrable under some cirmum-
stances. Wilson maintains that II
transcends mere technical legal
questions.
That at least one more exchange OF
notes with Germany will follow, was
the opinion of administration officials
today. Even if the President refuses
to parley further and decides to FISK
severance of relations with Germany
another note, in the form of an ulti-
matum. will go to Berlin. Germony
it is to be supposed. would then put
the burden of precipitating a breach
on the United States by replying that
all concessions possible had been
made.
The ambassadors optimism was
clearly based on his belief that he
can propose a compromise that will
not only be acceptable to the United
States, but will be ratified by his
home government. 1t is known that
/ the message he received yesterday
| from Berlin and the contests of which
/ he communicated TO Lansing was
such a compromises substitution OF
milder phrase for the term illegal,
in fact. This suggestion, however
left the situation unchanged, accord
ing to Lansing
Whether the ambassador also has
instructions that will permit him to
concede more, is, Of Ncourse, not
known. His position necessarily is
that he has gone as far as he can 60
but 1t is indicated he has reason to
believe that the President in the light
of Colonel Houses report, can see his
way to accept the compromise.