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Show BLHNSTORFF TO EXPLAIN NOTE . FROM BERLIN Will Also Endeavor tc Place Captain Franz Von Papen in a More Favorable Fa-vorable Light. By International News Service. WASHINGTON, Sep. 12. Count von BernsrorfT. the German embassador, came to Washington today from New York to cMf'Uss with Secretary .Lansing the recent re-cent note of Germany on the Arabic cape and th disclosures after t ng Captain Franz von Paien, f lie German military attache. Hp will call upon Lansing tomorrow. to-morrow. The conference will be of great importance. impor-tance. It is expected to clear up materially ma-terially t he situation which now exists hetween the two governments by reason of the doubt created in the minds of officials of-ficials of the stale department as io the exact meaning of Germany's latest communication. com-munication. The German embassador will explain to Secretary Lansing the posit ion which Germain' has taken in the note Thl position, as the embassador will outline to Mr. Lansing, is as follows: Germany stands by her recent acceptance accep-tance of (he principle that a passenger vessel shall not he torpedoed without warninc and without provision for the safety of the passengers, unless she endeavors en-deavors to resist or escape. Arbitrators to Decide. Germany holds, however, that her liability lia-bility for the payment of Indemnity for the Uvea of any Americans lost in the sinking: of the Arabic is a matter to be settled by arbitration: If the decision of the international tribunal should be that Germany should pay indemnity, the amount decided on will be promptly paid. The embassador will assure Mr. Lansing that this is the construction to he placed on the Arabic note. For the first time it is possible now to explain Germany's reasons tor not acknowledging ac-knowledging her liability for indemnity ror American lives lost with the Arabic and her desire that the question should he arbitrated. The German view is that Americans have ho right to travel on British vessels and therebv knowinglv put themselves in danger. In the light of this belief she refuses to admit that she Is obligated to pay for the lives of Americans lost under such circumstances. The American view, however, is that American citizens arc entitled to travel I 01 merchant vessels of belligerent nationality na-tionality and if thev are lost bv reason ot a submarine attack Germany must 1 nay indemnity. 1 Question of Liability. According in ilia nnnBn ..i .i J rehrajnlng Imnortant point In connection with submarine warfare on which the two governments now do not agree is the 'luestion of Germany's obligation to pav I ft" the loss of lics. Whether the United States will consent t J utilltate the point will. In all prob-bllity. prob-bllity. be de-ided by Tresident WilFon and n secretary Lansing tomorrow a I a confer-, confer-, ence whjcli thev expect to hold rite opinion persists In Wasliington tnat tins government will accede to the proposition for arbitration, but with the limitation that no fundamental principle will be involved, ajirt that the onlv nues-, nues-, tion to be settled will be the justification t ? J,,? '"Tedo attack and the consequent liability or non-lial.iliiy of the German ;j government foi indemnity One of the highest lr-pai authorities ron-l ron-l net ted with the sta te tlepai t ment said to j tne Interhational Xews Serice tonight j have examined the assurances of Count von Bernstorff, the German em-1 em-1 bassador. recently made to the Mat dopartment. He unqimllfiedlv said in substance, that Gennanv would oh-ser-e tne rures of international law : in the conduct of her submarine war-tare. war-tare. have examined the German note and I find in It absolutely nothing noth-ing inconsistent with the statements or lunhaasarior von Bcrnstorfr In fact, what is proposed to this covern-ment covern-ment is not a settlement of a violated agreement, hut merelv the a.vortam- -I ment of the truth between two conflicting con-flicting allegations of fact. Doubt Arises. Government officials were Inclined at Inst to take without question the apparently appar-ently preponderant evidence from sources on board tlie Arabic that she. was" torpedoed torpe-doed without warning, and that she herself her-self nad committed no act which would JUStiry an attack by a submarine There was in the minds of officials last night however the new thought that the evidence evi-dence of all on hoard tlie Arahic. including includ-ing American witnesses, should be re-f re-f garaeo as one-sided Ii was learned today that survivors of llic Arabic have bee,, in Washington It is known they have approached official with the view or riling claims for los of property. The state department has 'not indicated to them what it proposes to do It cannot indicate its position until after l' decides whether it will agree lo arbitration. arbi-tration. I . P..'4 .!5 dc' l,lpd to submit the case to arbitration and The Hague tribunal , should decide that the German submarine . commander had reasonable grounds tor ! believing he was about to be attacked then questions of indemnity would disappear, dis-appear, rf tlie vessel actually attempted to ram the submarine tlie state department depart-ment will have no further question with Germany on this particular case One of the officials handling the case to, the department said tonight that several sev-eral or the most important Items or evidence evi-dence were lacking, so that this government govern-ment .mild not. ir it so desired. rea h a ) fa.ir conclusion at this time. It Is stated hy an official that it will be absolutely, necessary to have: First, the actual position of the Ara-; Ara-; hie at the moment she proceeded to as--j rist the nunsley and her position when i the was struck hy the torpedo. Second, her reasons for pursuing a 7ii7.-7.ag 7ii7.-7.ag course on her way to the Dunsley. Third, her actual position with refer-1 refer-1 euro to the submarine at the moment she I was s'ruck. Fourth, the location or the submarine I and Information as to whether It had actually received the order not to attack 1 a liner without warning. Fifth, information as to whether there I vat- time between tiie last change of f course rr llie Arabic and the action or I the submarine, whatever it was, lo con-I con-I pt with the formal notice of warning. Sixth, Information as to whether the zig-zag performances of the Arabic were l sufficient evidence to the submarine I commander that the vessel w-as trying to El ram Mm. as tli" Arabic admittedly WHS I I nbi proceeding 1 her normal business. Seventh, the information, if any, the I German submarine commander bad con- rerning tlm Arabic before she left fort. I ;is to whether sije was armed, the tvpe ? Oi her weapons and t he nature of her If instructions. |