New-York tribune., 1919-06-27
Note to Berlin Denounces
Sinking of Warships as
Breach of Ar1nistice and
Act of ''Cross Bad FAITH
Reject Admiral's Excuse
Exaction of Reparation and
Punishment of the Guilty
Will Be Insisted Upon

| PARlS, June 70. -. Germany was
notified in note sent yesterday by
the Allies that they possess the right
to punish the persons responsible for
the destruction of the German ships
and to collect reparation for the loss
The sinking of the feet is denounced
as a violation of the armistice and a
deliberate breach, in advance, of the
conditions of peace. When the investi-
cations have been completed, the note
states, the Allies will exact "the neces-
sary reparation."
Reparaton also will be asked for
the burning of the French battle flags
which under the treaty Germany was to
have returned to France.
Germany is warned that such acts as
are noted must have a very unfortu-
nate effect upon the future operation
of the treaty."
The Allied and Associated Powers
sent the following letter to the Ger
man peace delegation:
"June 25, 1919.
"Mr. President-The terms of the
armistice signed by Germany on the
eleventh November, 1918, provided as
follows:
"'Article 2a. The German surface
warships which shall be specified by
the Allies and the United States shall
interned in. neutral ports, or, failing
them, in the Allied ports designated
by the Allies and the United States.
They shall there remain under super
vision by the Allies and the United
States, only care and maintenance
parties being left on board
Pact Was Violated
"On June 21, the German warships
which had been handed over to the
Allied and Associated Powers and were
at anchor in the roadstead at Scapa
Flow with the German care and main
tenance parties on board, as provided
in the armis.ico, were sunk by these
parties under the orders Of the Ger
man admiral III command. According
to the information which has been col
leeted .s! and transmitted by the British
Admiralty, the German admiral in
command of these parties of the Ger
man naval forces has alleged that he
acted in the belief that the armistice
expired on June 21 at midday, and
consequently, in his opinion, the de-
struction in question was no violation
of its terms.
"ln law, Germany, by signing the
terms of Article XIII, set out above,
entered into an undertaking that the
SHIPS handed over should remain in the
ports indicated by the Allied and Asso-
clated Powers, and that care and main
tenance parties should be left on board
with such instructions and under such
orders 8 would insure that the armis-
tice should be observed.
"Act of Bad Faith"
"The sinking of these ships. instead
OF their preservation, as had been pro-
vided for, and in breach OF the under
taking embodied in Article XXXI of
the armistice against all acts of de-
struction, constituted at once a viola
tlon OF the armistice the destruction
of the pledge handed over, and an
act of gross bad faith toward the
Allied and Associated Powers
"The admiral in command Of the
care and maintenance parties belong
ing to the German naval forces, while
recognizing that the act was breach
Of the armistice, has attempted to
justify it by alleging his belief that
the armistice had come to an end.
This alleged justification is not we'll
founded as, under the communication
by the Allied and Associated Powers on
juno is, 1919, the armistice would
only terminate on refusal to sign the
peace, or IT no answer were returned
on June % at 7 o'clock.
according to international law, as
embodied particularly in Articles 40
and Al of the regulations annexed to
the fourth Hague convention of 1907,
every serious violation of the armistice
by one of the parties gives the other
party the right to denounce it and even
in case Of urgency to recommence hos
tilities at once"
May Punish Offenders
"a violation of the terms of the
armistice by individuals, acting on
their own initiative, only confers the
right Of demanding the punishment of
these offenders, and, if necessary in
demnity for the losses sustained. 1t
will therefore be open to the Allied
and associated powers to bring before
military tribunal the persons re-
sponslble for these acts Of destruction,
so that the appropriate penalties may
be imposed. Furthermore, the incident
gives the Allied and associated powers
a right to reparation for the loss
caused, and in consequence, a right to
proceed to such further measures as
the said powers may deem appropri-
ate.
Lastly, the sinking of the German
fleet is not only violation of the
armlstice, but can only be regarded by
the Allied and associated powers as a
'iDc q eo DirdCH III advance or the
conditions communicated to GERMANY
and now accepted by her. Furthermore
the incident is not an isolated act. The
burning or permission for the burning
OF the French flags which Germany
was to restore constitutes another de-
liberate breach in advance of these
same conditions.
"ln consequence, the Allied and as
soclated powers declare that they take
note OF these signal acts of bad faith.
and that when the Investigations have
been completed into all the circum-
stances they will exact the necessary
reparation.
ut is evident that any repetition of
acts like those must have very un-
fortunate effect upon the future op-
Grafton of the treaty which the Ger
mans are about to sign.
lhey have made complaint of the
1ltteen years period of occupation
which the treaty contemplates. They
nave made complaint that admission
TO the League of nations may be too
long deferred. How can Germany put
forward such claims if she encourages
or permits deliberate violations of her
written engagements? She cannot COM
plain should the Allies use the full
powers conferred on them by the
treaty, particularly Article 42s, if she,
on her side, deliberately violates it's
provisions. G. CLEMENCEAU."
Steamer Hits Sailing