Evening star., 1941-04-04
Justified Recall

PRESIDENT RooSevelt'S demand for
the Immediate recall of the Italian
naval attache here, Admiral Al
berto Lais, undoubtedly is justified.
Circumstances made it an almost au-
tomato development.
Government investigation, it is
said, confirmed a statement to the
press by the captain of one of the
Italian ships taken into protective
custody by the Coast Guard last
week end that he had received orders
from the naval attache here to de-
Stroy the machinery of his vessel.
Since most of the % Italian vessels
taken over had been damaged, other
captains must have received similar
orders. The Justice Department has
ordered prosecution Of those directly
responsible for the sabotage. 1t
would not be consistent for the Gov
ernment to prosecute members Of
the ship crews who were carrying
out orders and overlook direct evil
dence linking those orders to respon-
sible "higher-ups."
Since Admiral Lais enjoys the dip
lomatic privilege of immunity to
prosecution in our courts, there was
nothing for the Government to do
but demand his recall AS Sec
retary of State Hull explained in his
formal note to the Italian AmbasSa-
dor, evidence connecting the naval
attache with the commission by GER
tain persons of acts in violation of
the laws of the United States" left
the President mo alternative course"
but to request his immediate with
drawal from this country.
The action followed precedents es-
tablished in the early days of the
first World War. Germany's naval
and military attaches, Captain Boy
Ed and Captain Won Papen, were
recalled in December of 1915, after
they had committed several acts
which made them persona non
grata" here
In asking for the withdrawal of
Captain Boy-Ed and Captain Won
Papen, Secretary Lansing simply
informed Germany's Ambassador,
Count Won Bernstorff, that facts
and circumstances" as to their con-
nection with the illegal and queS-
tionable acts of certain persons
within the United States" made their
presence here no longer agreeable.
He explained informally that their
activities "in military and naval af-
fairs were such here that they in
volved violations of our laws, and
fraudulent practices, and that on
that account they ought not be
shielded under diplomatic privileges
from being subject to our courts"
When Germany demanded to know
the specific reasons for the action,
Secretary Lansing refused to 60 into
detail, bluntly telling Won Bernstorff
that this Government was the sole
judge of its reasons for making the
request It that it was immaterial
whether they were based on legal
proof or mere suspicion of wrong
doing.
The first case in which this Gov
ernment was forced to expel the dip
lomatic representative of one of the
belligerents in the other World War
involved Germany's principal ally in
that conflict-Austria- Hungary. Re
call of Constantin Dumba, Austro-
Hungarian Ambassador, was de-
manded on September 8, 1915, after
he admitted that he had proposed
to his government plans to instigate
strikes in American manufacturing
plants engaged in the production Of
munitions of war" In his case, the
reason for recall was explained to
his government.
The current action in regard to
Admiral Lais Is an encouraging sign
of f1rmness on the part of the ad-
ministrstion in dealing with axis
representatives who may abuse their
diplomatic privileges. 1t may be
taken as a warning that any &C
tivity to undermine the defense pro-
gram under cloak of diplomatic i'm
munity will not be tolerated.