Omaha daily bee., 1918-08-26
LUS|TAN|A
DAMAGES
HUN DEBT
Court Holds Cunard Company
Not Liable for Loss of Life
On Steamer Sunk by
German Torpedo.

New York, Aug. 25.-The
,Cunard Steamship company
cannot be held liable for loss of
life and property in the tor
pedoing of the Lusitania by a
German submarine, according
to a decision handed down in
the admiralty branch of the
United States district court by
Judge Julius M. Mayer and
made public today.
"The cause of the sinking of the
Lusitania was the illegal act of the
imperial German government, acting
through its instrument, the subma-
rine commander" declared Judge
Mayer, who held "the fault, there
fore, must be laid upon those who
are responsible for the sinking of the
vessel in the legal as we'll as moral
sense"
Suits Dismissed.
In dismissing suits against the
Cunard line, aggregating nearly
$40C0,000 brought by heirs of per-
sons who perished with the Lusitan;a
May 7, 1915, Judge Mayer asserted
that it is not to be doubted that the
United States of America and its al
Z lies will remember the rights of those
affected by the sinking of the Lusi-
tania and when the time shall come
will see to it that reparation shaE be
made for one of the most indefenci-
Die acts of modern times"
Judge Mayer dismissed the claim
that the Cunard line was negligent
with the conclusion that the captain
and members of the crew took every
precaution justified by the then
known facts, both before and, after
the vessel was torpedoed.
1T is of course easy now," the
Judge said "in the light of many
later events ad1el to preceding acts,
to look back and say that the Cum
ard line and its captain should have
known that tn, German government
would authorize or permit so shock
ing breach of international law
and. so foul an offense not only
against all enemy. but as we'll against
peaceful citizens of a then friendly
nation. But the unexpected charac-
ter of the act was best evidenced by
the horror which it excited i the
minds and hearts of the American
people"
Lusitauia Not Armed.
Judge Mayer declared that the
proof brought out in this investiga-
ton which covered a year, is con-
elusive that the Lusitania was not and
never had been armed and that on the
very day of the 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, May
|, the day the Lusitania sailed, Judge
Mayer said:
1T is perfectly plain that the
master was fully justified in sailing on
the appointed day from neutral port
with many neutral and noncombatant |
passengers unless he and his company
were willing to yield to an attempt of
the German government to terrify |
British shipping.
Officers Displayed Courage.
Few at that time would be likely to
construe the warning advertisement
as calling attention to more than the
perils to be expected from quick dis
embarkation and the possible rigors !
of the sea after the proper safe
guarding of the lives of passengers
by at least full opportunity to take to
the boats
Judge Mayer held that the emer-
gency equipment of ths>rLusitania
measured fully up to maritime re-
quirements and declared that while
there was considerable confusion on
the liner after she was torpedoed, the
officers and the greater part of the
crew acted with that matter of fact
courage and fidelity to'duty which are
traditional with men of the sea"