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NOT MILD IN FORM ' v ♦ RENEWS REQUEST FOR ASSUR ANCE ASKED OF OERMANY AMERICA ASKS JUSTICE Poiata Out Irreieraiicjr of Wilhelm* straase’s Plea and Says Nation Will Ixmk for Safety of Its Citizens— ('an not Admit Right to Endanger Passengers on Belligerent Ships. The United States in its latest note to Germany, made public for publica tion Friday morning, formally asks the Imperial government for assur ances that measures hereafter will be adopted to safeguarding American lives and American ships on the high seas. The alternative in case of re fusal Is not stated. It was this note to which William Jennings Bryan refused to attach his signature, resigning instead his port folio of state, thereby precipitating a dramatic cabinet crisis. Robert Lan sing, secretary of state ad interim, signed the communication which went forth with the approval of Pres ident Wilson and his entire cabinet. Friendly terms characterize the document, which renews representa tions made in the American note of May 15 after the Lusitania was tor pedoed and sunk. The German gov ernment, U is declared, “must have been misinformed" when they assum ed that the Lusitania carried guns, as official information is at hand to cor roborate the original contention of the Washington government—that the Lusitania was an unarmed pas senger ship which, sln<e it did not resist capture, could not be sunk without transferring passengers and crew to a place of safety. The communication informs Ger many that it is "on the principle of humanity as well as on the law founded upon this principle that the United States must stand. An oppor tunity is given to Germany to submit any evidence that American officials did not execute their tasks thorough ly in inspecting the Lusitania before she sailed, but the cardinal fact that the liner was given no warning and made no resistance and was primarily a passenger ship—the American gov ernment claims, throws into the back ground any special circumstances of detail'* and lifte the cause “out of the class of ordinary subjects of diplo matic discussion or of international controversy.” The text of the American rejoinder to the German government's reply to the note following the sinking of the Lusitania: The secretary of state ad Interim to the American ambassador at Ber lin : “Department of State, “Washington,-June 9, 1915. “American Ambassador. Berlin: You are instructed to deliver textual- ly the following note to the minister of foreign affairs: “In compliance with your Excel lency’s request I did not fall to trans mit to my government immediately upon their receipt your note of May 28. in reply to my note of May 15. and your supplementary note of June 1. setting forth the conclusions so far as reached by the Imperial govern ment concerning the attacks on the American steamers Cushing and Gulf- light. 1 am now instructed by my government to communicate the fol lowing in reply: “TTie government of the United States notes with gratification the full recognition by the lnt|»erial Ger man government, in discussing the cases of the Cnshing and the Golf- light. of the freedom of all parts of the open sea to neutral ships, and the frank willingness of the Imperial German government to acknowledge and meet its liability where the fact of attack upon neutral ships which have not been guilty of any hostile act by German aircraft or vessels of war is satisfactorily established: and the government of the United States will in due'course lay before the Im perial German government, as it re quests, full information concerning the attack on the steamer Cushing. Sinking- of the Falaha. “With regard to the sinking of the steamer Falaba, by which an Ameri can citizen lost his life, the govern ment of the United States is surpris ed to find the Imperial government contending that an effort on the part of a merchantman to escape capture and seout’e assistance alters the obli gation of the officer seeking to make the capture in resjiect of the safety of the lives of those on hoard the merchantman, although the vessel had ceased her attempts to escape when torpedoed." “Theae.are not new circumstance^: they have been in the minds of states men and of international Jurists throughout the development of a naval warfare, and the government of the United States does not under stand that they have ever been held to alter the principles of humanity upon which it has insisted. Nothing but actual forcible resistance or con tinued efforts to escape ‘by flight Yvhen ordered to stop for the purpose of visit on the part of the merchant man has ever been held to forfeit the lives of her passengers or crew. The government of the United States, however, does not understand that the Imperial German govern ment ts seeking in this case to relieve itself-hf liability.-buf only Intends to set forth the circumstances whicji led the commander of the submarine to allow himself to be hurried into th# course which he took. Outfit of Lusltaaia. ^ “Your Excellency’s hote in discuss ing the loss of American lives result ing from the sinking of the steamship Lusitania adverts at some length to certain information which the Im perial German government has m- csived with regard to the character and oatflt of that vessel, and yotr Excelteacy expresses the fear that this information may net have brought to the attention of the gov ernment of the United States. “It was stated ta the note that the Teiiritanla was aadoabeedly equipped with masked gams, supplied with trained gunners and special ammuni tion, transporting troops from Cam* ada, carrying a cargo not permitted under the laws of the -United States to a vessel carrying passengers, sad serving, in virtual effect, as an auxil iary to the naval forces of Great Bri tain. ^ “Fortunately these are matters concerning which the government of the United States is in s position to give the Imperial German govern* it official information. Of the facts alleged in your Excellency’s note, if true, the government of the United States would have been bound totake official cognizance in perform ing its recognized duty as a neutral power, and in enforcing its national laws. Tt was its duty to see to it that the Lusitania was not armed for of fensive action, that she was not serv ing as a transport, that she did not carry a cargo prohibited by the stat utes of the United States, and that, if in fact she was a naval vessel of Great Britain, she should not receive clearance as a merchantman; and it performed that duty and enforced its statutes with scrupulous vigilance through its regularly constituted offi cials. ‘It is able, therefore, to assure the Imperial German government that it has been misinformed. If; the Im perial German government should deem itself to be in possession of con vincing evidence that the officials of the government of the United States did not perform these duties with thoroughness the government of the United States s.incerely hopes that it will submit that evidence for consid eration. Irrelevant Contentions. “Whatever may be the contentions of the Imperial German government regarding the carriage of contraband of war on board the Lusitania or re garding the explosion of that mate rial by the torpedo, it need only be said that in view of this government these contentions are Irrelevant to the question of the legality of the methods used by the German naval authorities in sinking the vessel. “But the sinking of passenger ships involves principles of humanity which throw Into the background any special circumstances of detail that may be thought to affect the cases, principles which lift It, as the Imperial German government will no doubt be quick to recognize and'ac knowledge. out of the class of ordi nary subject of diplomatic discussion or of international controversy. “Whatever be the other facts re garding the Lualtania, the principal fact is that a great steamer, primarily aad chiefly a conveyance for passen gers, and carrying more than a thou sand soula who had no part or lot in the conduct of the war. was torpe doed and sunk without so much as a challenge or a warning, and that men. women and children were sent to their death In circumstances unparal leled in modern warfare. “The fact that more than one hun dred American citizens were among those who perished made it the duty of the government of the United States to speak of these things, and once more, with Nolmun emphasis, to call the attention of the Imperial Ger man government to the grave respon sibility which the government of tl»e United Mates conceives that it has incurred in this tragic occurrence, and to the indisputable principle upon which the responsibility rests "The government of the United States is contending for something much greater than mere rights of property or privileges of commerce It is contending (or nothing less high and sacred than the rights of hu manity, which every government hon ors Itself in respecting and which no government is justified in resigning on behalf of those under Us care and authority. Only her actual resist ance to capture or refusal to stop when ordered to do so for the pur pose of visit could have afforded the commander of the submarine any Justification for so much as putting the lives of those on board the ship in Jeopardy. “This principle the government of the United States understands the ex plicit Instructions issued on August 3, 1914, by the Imperial German ad miraity to its commanders at sea to have recognized and embodied, as do the naval codes of all other nations, and upon it every traveller and sea man had a right to depend. It Is upon this principle of humanity as well as upon the law founded upon this principle that the United States must stand. , As to England. “The government of the United States is happy to observe that your Excellency’s note closes with the inti mation that the Imperial German government is willing, now as before, to accept the good offices of the Unit ed States in an atte.mpt to come to an understanding with the government of Great Britain by which the char acter and conditions of the war upon the sea may be changed./ “The .government of the United States would consider it a privilege thus tp serve its friends and the world. It stands ready at any time to’ convey to either government any intimation or suggestion the other may be willing to have it convey knd cordially invites the Imperial German government to make use of its Ser vices in this way at its convenience. The whole world is concerned in any thing that may bring about even a partial accommodation of Interests or in any way mitigate the terrors of the present distressing conflict. “In the meantime whatever ar rangement may happily be made be tween the parties to the war and whatever may in the opinion of the Imperial German government have been the provocation qr the circum stantial justification for the past acts of its commanders at tea. the govern ment of the United States confidently looks to see the Justice and humanity of the government of Germany Ttadl- edted In all cases where Americans have been wronged or their rights as itmte invaded. of the U of Its note Imperial German government on the 15th of May and relies on these rep resentations upon the principles of humanity, the universally recognised understandings of international law and the ancient friendship of the Oer- i’man nation. "Jhe" government of the United Stales can not admit that the procla mation of a war zone from w tich neutral ships have been warned to keep away may be made to operate as in an* degree an abbreviation of the rights, either of American ship masters or of American citizens bound on lawful errands as passen gers on merchant ships of belligerent nationality. “It does not understand the Im perial German government to ques tion those rights. It understands It. also, to accept as established beyond question the principle that the lives of non-combatants can not lawfully or rightfully be .put in jeopardy, by the capture or destruction of an un resisting merchantman, and to recog nize the obligation to take sufficient precaution' to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag. t T "The government of the United State* therefore deems it reasonable to expect that the Imperial German government will adopt the measures necessary to put these principles Into practice in respect of the safeguard ing of American lives and American ships and asks for assurances that this will be done. (Signed) “Robert Lansing, “Secretary of State ad Interim." A copy of the. note was delivered to Count von Bernstorff, the German ambassador, who declined to com ment. In diplomatic circles generally the note seemed to create a favorable im pression. In quarters friendly to Germany, it was stated, that the doc ument confirmed a belief held since Count von Bernstorff’s recent inter view with President Wilson that the critical stage had been passed, and that with the American viewpoint clearly before it, the German govern ment would be able to find a way out of the dilemma that would satisfy the United States. One phase of the note which at traded much attention in diplomatic circles was that relating to mediatory steps on the part of the United States looking toward a reformation of war fare on the seas generally. In this connection it was suggested that the chief difficulty might be an insistence by Germany that the allies refrain from interfering, not only with food stuffs consigned to her civilian popu lation. but with raw materials of all kinds. i “GOD BLESS YOU” WILS9N AND BRYAN CLASP HANDS IN FAREWELL BOTH SHOW AFFECTION INTERNED OFFICERS SKIPPED (Germans on Eltel Friedrich Have Left Country, It is Believed. Lieut. Brauer and "certain men of the crew” of tke German commerce raider Prln Eitel Friedrich., who left the ship before she was formally in terned, and have not returned to the Norfolk navy yard, are believed to have left the country. Customs Col lector Hamilton at Norfolk made this report Friday to the treasury depart ment. Special agents of the department of justice are conducting an investi gation at the instance of the state de partment. to which Collector Hamil ton’s report was referred. It appears that Brauer and the men were not on parole because the ship had not been interned, but Collector Hamilton understood he had the word of Capt. Thierichens that none of liis officers or men would leave the vicinity of Newport News while the status of the cruiser was in suspense. LEO FRANK LOSES PLEA TO PRISON COMMISSION Georgia Declines to Recommend Com mutation of Sentence to Life Imprisonment. By a vote of two to one the Geor gia prison commission Wednesday in Atlanta declined to recommend c6m- mutation to life imprisonment of the death sentence pronounced upon Leo M. Frank for the murder of Mary Phagan. Commissioners E. L. Rainey and R. i>. Davidson voted against a recommendation for clemency. Judge T. E. Patterson voted in Frank’s favor. The commission submitted its report to Gov. Slaton shortly before noon, its contents immediately being made public by the governor. The matter now is in the hands of Gov. Slaton. The recommendation of the prison commission is in no way binding upon the governor, who it w as stated, will conduct, further hear ings before making his decisian. \Pte to Great Britain Delayed. The state department at Washing ton Friday afternoon officially an nounced that the note intended to be sent to Great Britain regarding selz- ute of-Ajperican cargoes and interfer ence with American commerce to neu tral ports would be delayed for some time. $45,000,000 War Order Turned Down The Phoenix Foundry of Louisville, Ky., Friday rejected a forty-five-mil- lion-dollar order for ammunition to be furnished the allies. Unability to procure enough powder and fuses necessitated this action. In Hands of Constitutionalists. A Carrana agency report Friday claims that Tuxpam is in the hands of Constitutionalist troops. Villa re ports, hotvever. dispute this. It >t estimated that Villa losses at Leon were eight thousand dead, wounded and captured. London reports Friday that the Swedish steamer Otaga was 1 soak Thursday night by a torpedo. Ex-Secretary Explains Difference Does Not Extend to Political Questions —No Break in Delations With Ad ministration — “Relations,” Says Bryan, “Are Still Cordial.” . . President Wilson and Secretary Bryan said good-bye to each other Wednesday in the Green Room of the White House. Mr. Bryan telephoned' from the state department that he would like to pay his farewell visit as soon as possible and the president set twelve- thirty-flve as the time. The retiring secretary walked from the state department to the White House. He stopped for a moment in front of the executive office building to ask if Secretary Tumulty was there and found that he had joined the president for the farewell interview When Mr. Bryan entered the Green Room, he was greeted cordially by the president, who asked both Mr. Bryan and Mr. Tumulty to be seated. There was nothing'about the manner or bearing of the president and his secretary to indicate that there had been a serious difference between them. They talked frankly and free ly for twenty minutes before the final parting words were said. The conversation veered around to the diverging positions takdn by the president and Mr. Bryan over the German crisis. No display of feeling marked the discussion of this deli cate matter, both men being calm and apparently entirely friendly. Mr. Bryan spoke particularly of his con viction that American citizens should be warned not to take passage on ships of Germany’s enemies or other ships that carried arms and ammuni tion. He urged also that the Wilson ad ministration was committed to th« principle enunciated in Jbe Bryan “breathing spell” peace treaties. Thie was a principle dear to his heart, he s .id, as he had been devoted to it for a lifetime. But he realized, he explained, that the president took the different view, and that being so, he would not have respected Mr. Wilson If he had followed any other coarse than that which was outlined in the note to Germany. He believed, how ever, that the president respected him for the position he had assumed in opposition to the president's policy. This brought from the president a cordial affirmative. Mr. Bryan said that he believed that he could help Mr. Wilson more by outside work than by remaining as a member of the cabinet. He gave some explanation of a desire to up hold the ^Wilson policies. In reply the president repeated what he had said in his letter, ac cepting Mr. Bryan's resignation in re gard to the secretary of state's loyal and generous attitude. He also spoke of the German situation and Indicated that he was sure that Mr. Bryan had acted from conscientious motives in leaving the cabinet. At points In the conversation it took an easy personal turn, as for ex ample when Mr. Bryan said that he really felt relieved, now that be was free from official cares. He had slept splendidly last night, he said Another remark of Mr. Bryan wae that he had been told that the cir cumstances of his resignation were absolutely unique in that no bitter ness was connected with it. There had been just an honest difference of opinion between the president and himself which both had recognized, he said. In answer to a question from the president. Mr. Bryca said that he would be in Washington for two weeks at least. It was very evident, however, that he and the president did not expect to see each other dur ing that period. The president spoke of some matters concerning. South America, about which they had ap parently talked previously, and Mr.” Bryan, in response to a request of the president, promised to prepare mem oranda on the subject. He added that he was at the disposal of the state department during the rest of, his stay in Washington. As the conversation ende 1 both the president and Mr. Bryan rose atrtlie same moment .anti clasped hands. “God bless youvL r -said the president and the Commoner together. Then Mr. Bryan turned and left the room with Mr. Tumulty. At his residence Tuesday night Secretary Bryan said that there was no political' significance to his resig nation and no break in his relations with the Wilson administration -or the Democratic party. Asked if the difference which the president would, in his opinion, ex tend to political matters, he replied^ ^‘So far as I know, w'e think alike on those questions.” In telling his interviewers that his retirement from the cabinet did not mean a political break of any sort, Mr. Bryan said slowly and thought fully: “No man with the president’s con victions could have done other than he has done, nor could I have done otherwise. A man can only.do what he believes to be right.’* Mr. Bryan disposed-of rumors that the differences between the president and himseif had partly Involved the decision of Mr. Wilson to call on the Mexican factions to settle their dif ferences or take the consequences of a positive course by this government. He said that there was no friction be tween the president and himself over* Mexico. ”Our differences.’’. remarked~Mr. Bryan, “related solely to the‘notes be tween U|is country and Germany. There was nothing etas involved. ’ ‘ "I vtdt to emphasise,” said Mr. Bryan, “that oar raiatioas are still cordial. We believe aUhe oa political qaesttons. We boti. re gret staceraly aad deeply that thie break shoo Id have come, bat so way to avoid it coaid have been found. The president could not'have done otherwise, believing as he did, and I could not have lahen any other eonree.” ^ Another version of the final leave- Igfelgg VMMtei - - .jn- f- *• At 12.35 o'clock Wedneeday Mr. Bryan tralked to the White House to bid the president good-bye. The in terview was brief, but affecting. Mr. Bryan told the president what his work ia Washington aad his asso ciation with the president had meant to him and the president responded In kina. Secretary Tumulty was present at the interview, which took place In the president's study. It was not expect ed that Mr. Bryan would visit the White House again during the stay in Washington. For nearly ten minutes the presi dent and Mr. Bryan discussed various points at issue between them in a friendly manner, when Mr. Bryan arose and said: "Well, you’re busy, Mr. President. I won’t detain you longer.” The president also stood up and the two men said to each other simultaneously, as if it had been re hearsed: “God bless you." Not another word was said. As Mr. Bryan was leaving the White House French Ambassador Jusserand arrived and they exchanged a brief parting message for each other on the White House jportlcor. The only other foreign diplomat who said good-bye was the Italian ambassador, who called for that pur pose. ( Mr. Bryan then walked with Sec retary Tumulty through the execu tive grounds to the state department. He plainly showed he had been deep ly moved by his parting with the president, but he did his best to smile and joke with the newspaper men. JINGOES CHANGE ATTITUDE, SAYS BRYAN ON FRIDAY A dispatch froi_ nesday afternoon diaetoaaa the fact that President Wilson intends to tafco his time ta choosing a successor * Secretary of State Bryan aad will gp slow ia naming the new officer. It Is stated on good authority that a week will elapse before any one receives the appointment, but Counsellor Laa- slnh is reported to have the beet chance. Secretaries Garrison aad Lane are being considered for the vacancy for the vancy and others say Mitchell Palmer may enter tils cabi net. Secretary of the ■Nhvy Josephus Daniels late in the afternoon assert ed that Secretary Bryan was atone among the members of tbs cabinet in opposition to the president** de termination to send a' stiff’note to Berlin. The other members of the cabinet approved the text of the note sent to Germany Wednesday after noon. Secretary Daniels emphati cally denied the rumor that he eras about to resign from the navy, de claring that he never had considered such a thing. Acting Secretary of State Robert Lansing announced also in the after noon that all the representatives of the United States government in the belligerent capitals of Europe bad been sent the full text of the let ters exchanged between the president and Mr. Bryan concerning the lat ter's resignation from the headship of the department of state. Other American diplomats abroad have been notified that the secretary has resigned and that the entire diplo matic service has been informed that Mr. Lansing is tbe acting secretary of state in tbe ed interim. Former Secretary Expresses Gratifi cation at Position of Beveral “Jingo Editors.’’ f Former Secretary of State Hrysn Friday Issued s statement he termed a change in the tone of the press re garding the American note to Ger many. The statement follows: “1 am glad to note the change in the tone of the press in regard to the note to Germany. From the time the papers began to publish forecasts down to yesterday, the Jingo editors have been predicting that the mat ter would be dealt with ‘great firm ness,' that Germany would be told that there must be no more delay in the acceptance of this country’s de mands, etc. “instead of waiting until tbe note was issued they put their own con struction upon it in advance and col ored It to suit their own purposes. It is a relief to find the papers now em phasising the friendly tone of the note and pointing out that It does not necessarily mean. “Something has been gained if tbe warrior Journalists at last reallM that the country does not want war, but that, on the contrary. It will sup port the president in his efforts to find a peaceful solution of the diffi cult problem raised by the use of the submarine against merchantmen.” The former secretary, in giving ont his formal statement, supplemented it with the following anecdote: A con gressman replying to a jingo speech, recently said; “ ‘While 1 am personally against war, I am in favor of the country hav ing what it wants. If the country wants war let it have war, but let It first find out if the country does want war. If it becomes necessary to as certain the sentiments of the country. I suggest that a ballot be taken; let those who want war vote for war and those opposed to war vote against it and let the vote be taken with the understanding that those who vote for war will enlist for war and that those who vote against war will not be called upon untl after those who want war have exhausted their ef forts.’ “I still believe,’’ added Mr. Bryan, "in Yhe right of the people to rule, and think the congressman's sugges tion might insure deliberate action on the part of the voters.” Mr. Bryan was reminded of the suggestion of some of his friends that in case of war he would be one of the first to enlist. “I do not want to talk about war, but on one occa sion I enlisted to defend my country on the first day war was declared," he replied. ASK NOTE TO ENOLAND North ('aroitns I Representative Webb of North Carolina has urged President Wlleoa to send promptly a note to Great Bri tain co ering the general subject of neutral rights as affectad by the blockade of tbe allies. Mr. Webb aad other Southern members of congress, in whose behalf he spoke, feel that the cotton Interests have Buffered un justifiably as a result of the embargo. No comment was mad# at tbo White Hones concerning what the president told Mr. Wobb, bat the lat ter advised friends later that Mr. Wilson had promised early The president, it to known, has under consideration for some time a note to bo seat to Great Britain erg- lag a compliance with the requests of the United States as expressed ia Its protest of March thirty }o Great Britain and France against the op erations of tbe blockade oa com meres in con-contraband articles consigned through neutral countries. Mr. Bryaa aad some other men% bars of tho cabinet strongly argod the president to send the note at tho same time the American commontea- tion of May thlrtsea went forward to Germany concerning submarine war fare. While the presides! believed the note should be sent, he did not think it wise to complicate tbe eitao- tion further until there was a clari fication of what tha position of tho German government would bo to wards the United States. Hto *qsI decision, however, baa been depend ent upon the gathering of data con cerning seizures and detentions of American ships, and It to said to bo entirely possible that the note may go forward before the reply to received to the American note sent to Ger many. CHILDREN BURIED ALIVE NOTE SENT TO GERMANY WEDNESDAY AFTERNOON Counsellor lAnsing Signs Message to Berlin—Not Yet Given Out for Publication. After a conference with President Wilson Wednesday, Counsellor Lan sing announced that the note to Ger many would go forward to Berlin Wednesday afternoon and would be given out for publication in Friday morning papers. He said the United States would not wait for notification from Ambassador Gerard at Berlin on its receipt there before giving it out. Mr. Lansing, said the work of coding the note was under way. It was signed by Mr. Lansing as acting secretary. Gerard Presents Note. Berlin reports Friday that the American ambassador presented the note of the United States government to the German foVviga office at pne- “— p. m. in tbe afternoon. Oow of According to London advlqss the crew of tbe schooner Expreee, which was torpedoed Tharsday have I Sofia* safely at Liverpool. Two Little Ones Smothered to Death by Earth Slide. Valley Taylor, aged nine, and Evelyn Taylor, aged, six, were burled alive and smothered to death beneath an avalanche of dirt from tbe aide of a deep gulley near the home of their father, Ed Taylor, of the Enoree sec tion in Laurens county Wednesday afternoon. The two little girls were playing along the edge of the gulley, which is an old abandoned road washed by rains to a depth of about fifteen feet, It is believed that they slipped over the edge, dislodging a quantity of dirf, which fell upon them. They were buried to a depth of about four feet, and were dead when final’ r un covered Tilth shovels. Evelyn’s left leg was broken. The news of " the tragedy was brought to the mother of the girle, who was hoeing cotton in the field by Baxton. their four-year-old brother. He ha<j been at play wittf them dur-. ing the afternoon. About six o'clock he ran up to his mother crying and between sobs told her that tho girls had fallen into the gulley. She Im mediately gave the alarm and a party of rescuers went to the spot. A phy sician made every effort to resusci tate the victims, but was unsuccess ful. Mr. Taylor’s place is a half mite from Lanford Station, near EnorM. Violate “Jitney Bus” Ordinance, f Thirteen alleged violator* of At-' lanta’s “Jitney Bus” ordinance worn arrested Friday, afternoon. They were unprotected by rebent injunction se cured against city. ‘ Change Their Mr. Balfour announced )a that German submarine prison' hereafter shall be accorded the tre meat identical with all prisoners in England. treat-