Evening star., 1940-08-19

/ ~
The tert OF the announcement
made BY the State Department
last night regarding the Army
transport American Legion fol-
lo,Ds.:
The American Charge DAT
faires in Berlin, Mr.. Alexander
w. Kirk, was instructed yester-
day afternoon to deliver to the
German Foreign ONCE a COM
munication, the text of which
follows:
THE Government Of the
United States desires first 10
point out that the course on
which it was proposed that the
American Legion should sail from
Petsamo to New York was indi-
Gated to the German govern
ment through the American En-
bassy at Berlin on August 9,
together with a statement of the
distinguishing characteristics OF
the ship for her ready identifica-
ton and a statement that she
was scheduled to sail from Petsa-
mo on August Is, in sufficient
time for the German govern
ment to notify the appropriate
German authorities so as to as
sure the vessel against attack
by the German fighting forces.
The United States Government
was informed on August 13 that
the German Foreign Office had
stated that the appropriate Ger
man authorities had been IN
formed of the date of departure,
course and description of the
American Legion, the under
standing being that the vessel
would depart on August is and,
If she should depart at a later
date. then the Foreign Office
would again have to be notified
three days before the actual
departure since otherwise it
would not be possible to give in
formatory instructions to the
appropriate German authorities.
The German Foreign Office called
attention to its previous COM
munications to the American
Embassy on the subject of the
American Legion, in which the
Foreign Office had stated that
instructions to the German COM
batant forces with respect to
possible action against neutral
ships were, in accordance with
international rules, and the Ger
man prize law codes, limited to
merchant ships.
Prepared to Notify
German Armed Forces.
The Foreign Office had further
stated that it was, therefore, out
of the question that German
forces should stop neutral vessels
Of war or take any other meas
ures against them and that in
view of those facts there was
no occasion, In the opinion OF
the German government, to give
any special assurances with re-
gard to a neutral war vessel.
The German government was,
however, prepared to notify the
German forces for their informa-
ton in order to avoid confusion
with enemy warships that an
American war vessel (namely,
the American Legion would
travel on a specified course at a
specified time.
Subsequently, and not until
the late afternoon of August
IA, as reported to the American
Government that same day. the
Foreign Office stated that the
German air force had pointed
out that the proposed course Of
the American Legion. passing
between N Roma and Cape
Wrath. would bring the vessel
into the field of dangerous air
operations, and that the Ger
man authorities, therefore, rec
ommend a more northern route
Upon inquiry of the Foreign Office
as to how much advance notice
of the change of course of the
vessel would be required by the
Foreign Office in order that it
might effect complete notifica-
ton Of all German combat units
the vessel might encounter, the
answer was made that If such
notice were received by noon,
Berlin time, August IS there
would be time to effect proper
notification and the vessel could
leave Petsamo August 16 as
scheduled.
"Under instructions Of the
United States Government, on
August IA. the attention of the
Foreign ONCE was invited to the
assurances which it had given
that the appropriate German au-
thorities had been duly informed
Of the date of departure. course
and description of the American
Legion. and it was asked to
stand by its original acceptance
of the course Of the American
Legion. In reply, DR.. Ritter of
the Foreign Office stated that If
the American Government in
sisted on the ship following the
proposed course, then the Ger
man government had nothing
to do but accept the decision,
pointing out again the great
danger involved. DR.. Ritter
also stated that the Foreign
Office had merely agreed to notify
the appropriate German au-
thorities for their information
of the course and description Of
the vessel, and that it had never
guaranteed the safe conduct Of
the vessel for assurances of safe
conduct could only be given in
the cases of merchant vessels
and not in the cases OF naval
vessels, in which category the
American Legion falls.
Says Statement Conflicts
With proviouS Connrnun{ca f{nn