The sun., 1917-02-21
u. S. DEMAND ON AUSTRIA

U. S. DEMAND ON AUSTRIA
Ambassa dor Penaeld seeks Denni-
tion Of U-Boat Policy.
LONDON, Feb. 2o-Frederic c. Pen.
field. American Ambassador at Vienna.
Is said by Reuters Amsterdam corre-
spondent to have delivered to the Austro-
Hungarian Foreign Minister request
for clear and final definition Of Aus
tria-Hungarys attitude regarding SUBJ
marine warfare.
The Austrian Emperor has given a
long audience to Count Czernin the Min
lister of Foreign Affairs. who previously
had a conference with Ambassador PEN
field
Following Is the text OF the aide
memoire as forwarded by Reuters Am
sterdam correspondent:
"In note No. 4167 of December 9.
1916, the American Government laid
down the points OF view whereby 1t was
guided regarding the activity Of subma-
rines in naval warfare. These points
of view were on an earlier occasion
clearly expressed to the German Gov
ernment. and the United States Govern
ment was Of the opinion that the Austro-
Hungarian Government was acquainted
Herewith.
Nevertheless the Austro-Hungarian
Foreign Ministry declared In Note No.
5,s49 OF December 81. 1915: AS regards
the principle set up in the very esteemed
note that enemy private ships provided
they do not fee or offer resistance
should not be destroyed before the pas
sengers are placed in safety. the Austro-
Hungarian Government is In position
to assent in the main to this view OF
the Washington Cabinet.
Recalls Note on the Persia.
Further, the Austro-Hungarian Gov
| ernment on the occasion OF the sinking
of the steamer Persia in January, 1916,
declared that, although not Informed re-
garding this incident. 1t would be guided
by the principles whereto 1t agreed In
the Ancona affair, should events prove
that responsibility falls on Austria-Hun-
gary in this matter.
simultaneously with the communica-
ton from the German Government on
the 10th Of January, 1915, the Austro-
| Hungarian Government declared that
| every merchant ship which. for what
| ever purpose was armed with a gun for
| feits by this circumstance alone the char
| acter Of :. peaceful vessel, and that in
| consideration Of these circumstances the
| Austro- Hungarian naval forces had re-
ceived orders to treat such vessels as
| warships In conformity with this dec
laration ships whereon were American
citizens were sunk in the Mediterranean,
presumably by Austro-Hungarian sub.
marines. Some OF these ships. for ex-
ample the English steamer Welsh Prince,
were torpedoed without warning by a
submarine under the Austro-Hungarian
flag. The American Ambassador at
Vienna requested information regarding
these cases. but thus far has received nc
reply.
sinkings without Warning.
AT the same time as the German
declaratio Of January 81, 1917, which
described certain portions OF the sea OF
the coasts OF Entente countries as ex'
| posed to danger from submarines, the
Austro- Hungarian Government made
known that Austria Hungary and her
allies as from February l would prevent
with all available means shipping within
the defined barred area.
From the foregoing it can be con-
cluded that the assurance given on the
occasion of the Ancona case and re-
newed on the occasion Of the discussion
OF the Persia case is, in all material re-
spects, the same assurance contained In
the note OF the German Government OF
May 4. which reads: In conformity
with the general principles Of interna
tional law concerning the holding up
search and destruction OF merchant
ships, such ships will not be sunk either
inside or outside that portion of th'
sea which has been declared n nava
war zone without previous warning anC
without taking such means as are avail
able for saving human lives unless sucf
shipe flee or endeavor To offer resist
ance,' and that this assurance Is more
or less altered by the declaration Of tn,
Austro- Hungarian Government OF Feb
ruary l6 and January 81.
"Since the United states Government
Is in doubt regarding the meaning to b,
attached to these declarations. especiall,
the last. II desires to be finally ant
clearly informed Of the standpoint whicl
the Austro- Hungarian Governmen
adopts In these circumstances and ais,
whether the assurance given In the An
coma and Persia cases Is to be regarde,
as changed or withdrawn"
Dual Monarchy to Reply.
The correspondent adds: I'VE lear,
that the material contents OF this aid
memoire will be submitted in the For
eign Ministry to an exhaustive examina
ton from the standpoint OF intcrnationa
law and will then be answered"
After the sinking by an Austrian sub
marine OF the Italian steamship Ancon,
In November OF 1915, occasioning tn,
loss of the lives OF several American ms
the Austro-Ilungarian Government sen
| note to the United States In which |
said:
1.-THE Imperial and Royal Govcrnmen
can also substantially concur in tn
principle expressed In the very esteeme,
(American) note that private ships II
so far as they do not fec or offer resist
ance. may not be destroyed without tn
persons aboard being brought int
~ safety"