The Birmingham age-herald., 1916-06-29

stopped her engines, and this must have been evident to the submarine com mander. Naval authorities here agree that there could have been no danger of the ship ramming the submarine un- til it was headed straight for the sub marine and was under power, and even then the submarine could have so maneuvered as to avoid collision. The Petrolite was two miles away from the submarine. The engines and funnel of the Petrolite were at the stern and from the general appearance of the ship no experienced naval officer could have believed that it had opportunity or suf- fcient speed to attack, even if it had been steaming directly toward the sub marine. The conduct of the submarine commander showed lack of judgment, self-control or wilful intent, amounting to utter disregard of the rights of a neutral.
 According to the sworn statements of the captain of the steamer and a seaman who accompanied him to the submarine, the commander of the lat ter stated that he mistook the steamer for a cruiser. This statement is at variance with the statement in the Aus tro- Hungarian governments note that the captain of the submarine asserted a false maneuver on the part of the steamer prompted the submarine to con- 
 tinue to fire.
 ssThe captain of the steamer swears that he informed the commander of the submarine that he had only sunlclent provisions to reach the port of Algiers and that he would deliver provisions only under compulsion. He states positively in his affidavit and in conversation with officials of the department that he did not give provisions readily nor did he say it was the duty of one seaman to help another, and that he refused payment because he felt that he was being com pelled to deliver food in violation Of law. The statement of the captain of the Pe- trolite Is entirely at variance with the report of the submarine commander.
 NO RIGHT TO HOSTAGE
 '"The correctness of the captains s opin- ion that the wounded seaman was held as a hostage to guarantee the delivery of food seems clear. Obviously the conn mander of the submarine had no right to order the seaman to remain on board. The fact that this order was given showed that the commander insisted that food was to be delivered to him, other wise the seaman would naturally have the captain back to his ves- sel. The outrageous conduct of the sub marine commander and all the circum- stances of the attack on the Petrolita the captain in regarding him. self as being compelled in order to avoid further violence to deliver food to the commander of the submarine.
 Tn absence of other and more satis- factory explanation of the attack on the steamer than that contained in the note addressed to you by the foreign office, the government of the United States is compelled to regard the conduct of the commander of the submarine in attack ing the Petrolte and in coercing the captain as a deliberate insult to the flag of the United States and an invasion of the rights of American citizens, for which this government requests that an apology be made; that the commander of the submarine be punished; and that reparation be made for the injuries sus- tained by the payment of suitable in demnity. ~
 Please communicate with foreign office in sense of foregoing.
 You may add that this government believes that the Austro- Hungarian gov- ernment will promptly comply with these requests, in view of their manifest just ness and the high sense of honor of that government, which would not it is