The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1918-08-26
LUS|TAN|A IS
VICTIM Of AN
ACT OF PIRACY
Company Cannot BE Held Re-
spOnsible for Losses.
DECISION HANDED DOWN
United States District Court Says
Ship Was Justified In Sailing Des-
pte Warnings.

New York, Aug. 25.-The Cunard
Steamship company can not be he'd
liable for loss Of life and property in
the torpedoing of the Lusitania by a
German submarine, according to de-
cision handed down in the admiralty
branch of the United States District
court by Judge julius NJ. Mayer and
made public today.
The cause OF the sinking OF the
Lusitania was an Illegal act OF the
imperial German government, acting
through its instrument, the submarine
commander,' declared Judge Mayer,
who held that "the fault, therefore,
must be laid upon those who are re-
sponsible for the sinking OF the YES
sci in the legal as we'll as moral
sense"
In dismissing suits against the Cum
ard line aggregating nearly $4,00OO00
brought by heirs of persons who per.
ished with the Lusitania on May z,
1915. Judge Mayer asserted that 1T is
not to be doubted that the United
States OF America and her allies will
well remember the rights of those af.
fected by the sinking OF the Lusitania
and when the time shall come, will
see to it that reparation shall be
made for one OF the most indefensible
acts OF modern times
Judge Mayer went exhaustively into
claims that the Cunard line was negli.
gent, and dismissed them with ths
conclusion that the captain and mem.
bers OF the crew took every precau-
tion justified by the then known facts
both before and after the vessel was
torpedoes.
III Is, of course, easy now" he de.
clared, I'm the light OF many later
events added to preceding acts, to
look back and say that the Cunard
line and its captain should have
known that the German government
would authorize or permit so shock
ing breach OF international law and
so foul an offense, not only against
an enemy but as we'll against peace
full citizens OF then friendly nation.
But the unexpected character of the
act was best evidenced by the horror
which it excited In the minds and
hearts OF the American people"
Judge Mayer declared that proof
brought out in his investigation.
which covered a year, is conclusive
that the Lusitania was not and never
had been armed. and that on that
voyage on which she was sunk, did
not carry explosives.
Discussing the warning advertise
ments published by the German EN-
bassy in New York newspapers on
May /, the day the Lusitsnia sailed.
Judge Mayer said:
I'll is perfectly plain that the mas
or vas fully justified In sailing on
the appointed day from neutral
ior; with many neutral and non.
ombatants passengers, unless he and
his company were willing to yield to
n attempt of the German govern.
nent to terrify British shipping
Pew at that time would be likely
o tonStrue the warning advertise.
nen as calling attention to more
han the perils to be expected from
| iuick Decentralization and the posi-.
lie rigors Of the sea after the proper
'afeguarding of the lives Of passen-
;ers by at least full opportunity to
AXE to the boats"
Judge Mayer held that the emerg.
ency equipment of the Lusitania meas
| ured fully up to maritime require
ments. and declared that while there
was considerable confusion ON the
liner after she was torpedoed the Of
icers and greater part of the crew
acted with that matter of fact cour
age and fidelity to duty which are
traditional with men of the sea-"