Evening star., 1941-04-04
fTert OF Notes on Page B-8.J
BY GARRETT d. HORNER.


BY GARRETT d. HORNER.
The United States today firmly re-
jected German and Italian protests
over the seizure of axis ships in
American ports, and warned that
further action in regard to the 80
vessels and 875 members of the
crews will be determined in the
light of the law and the pertinent
facts"
The State Department made public
formal notes from Secretary Hull
replying to the protests lodged by
Prince Colonna, italian Ambassador
and Hans Thomson, Charge
dAffaires OF the German Embassy
Secretary Hull informed Mr.
Thomson that he was surprised" at
Germany's extreme assertions and
demands" in seeking restoration to
their captains of the two German
ships seized.
American Law Cited.
In both notes. Mr.. Hull pointed
out that plain provisions of Amer
icar law make it a felony for the
crew of a foreign vessel in our ports
to damage or injure their ship, and
authorize the Government to take
possession of any vessel whenever
necessary to protect it from damage
or to prevent injury to American
harbors.
He pointed out that 25 of the q
italian vessels in continental ports
of the United States were badly
damaged" and that machinery was
wrecked on l of the 2 German
ships.
ships seized. His note curtly dis
missed Germanys conception OF
treaty obligations as ''unthinkable'
for any civilized nation
The Secretary informed the 1tal-
ian Ambassador that with respect
to his specific inquiry as to the
views and intentions" of the Gov
eminent regarding the seized ships
and their crews, this matter is
now receiving the attention of the
appropriate authorities Of the Gov
eminent and will be determined
in the light of the law and the
pertinent facts"
Attaches Recall Asked.
Officials have insisted that pro-
visions of the 1917 Espionage Act,
under which the axis ships were
taken into protective custody" au-
thorize the Government to con-
fiscate and operate for its own use
any of the vessels on which sabotage
actually was carried out by their
crews
Delivery of the notes to the Italian
and German Embassies followed a
previous note to the italian Am
bassador demanding the immediate
recall of Admiral Alberto Lais, Ital-
ian Naval Attache here, because of
his connection with the sabotage
aboard the Italian vessels.
Although the demand for his
withdrawal did not specify the
charges against Admiral Lais, the
captain of one of the Italian ships
taken over last weekend said that
he had received orders from the
Naval Attache to wreck his vessels
machinery.
Roosevelt Comments.
President Roosevelt commented
at his press conference today that
1t seemed to be pretty clearly proven
that a great deal of the sabotage
to Italian vessels was done on orders
Of the italian Naval Attache. Since
he ordered an illegal thing to be
done, there was only one thing for
this Government to do in the cir
cumstances, the President added in
explaining that the facts speak for
themselves in regard to the reasons
for the demand for Admiral Lais'
withdraw.
In his formal note today. Sec
retary Hull informed both the
italian and German Embassies that
he would communicate. with them
later concerning some of the specific
questions.
In rejecting the Italian protest
against seizure of the ships, Mr.
Hull declared that the Italian
Ambassador must have overlooked
the gravity of the situation when,
In his communication of March 81,
he registered protest against the
action on the part of the Federal
authorities with respect to italian
properties and nationals"
In his reply to Ny. Thomson, Mr..
Hull noted Germanys allegation
that there is no legal basis in
International law for the action
taken and that it constitutes a
violation of the existing treaty of
friendship, commerce and consular
rights" signed by Germany and the
United States in 1923.
"You even go so far" Secretary
Hulls note to Mr.. Thomson con-
(See SHIPS, Page A-4)