Part 31

Throughout this case it must always be remembered that the disaster occurred in May, 1915, and the whole subject must be approached with the knowledge and mental attitude of that time. It may be that more elaborate and effective methods and precaution have been adopted since then, but there is no testimony which shows that these boat drills, as practiced on the voyage, were not fully up to the then existing standards and practices. There can be no criticism of the bulkhead door drills, for there was one each day.

In November, 1914, the Directors of the Cunard Company, in view of the falling off of the passenger traffic, decided to withdraw the Lusitania's sister ship, Mauretania, and to run the Lusitania at three-fourths boiler power, which involved a reduction of speed from an average of about twenty-four knots to an average of about twenty-one knots. The ship was operated under this reduced boiler power and reduced rate of speed for six round trips until and including the fatal voyage, although at the reduced rate she was considerably faster than any passenger ship crossing the Atlantic at that time. This reduction was in part for financial reasons and in part "a question of economy of coal and labor in time of war." No profit was expected and none was made, but the company continued to operate the ship as a public service. The reduction from twenty-four to twenty-one knots is, however, quite immaterial to the controversy, as will later appear.

Having thus outlined the personnel, equipment, and cargo of the vessel, reference will now be made to a series of events preceding her sailing on May 1, 1915.

On February 4, 1915, the Imperial German Government issued a proclamation as follows:

"1. The waters surrounding Great Britain and Ireland, including the whole English Channel, are hereby declared to be war zone. On and after the 18th of February, 1915, every enemy merchant ship found in the said war zone will be destroyed without its being always possible to avert the dangers threatening the crews and passengers on that account.

"2. Even neutral ships are exposed to danger in the war zone, as in view of the misuse of neutral flags ordered on January 31 by the British Government and of the accidents of naval war, it cannot always be avoided to strike even neutral ships in attacks that are directed at enemy ships.

"3. Northward navigation around the Shetland Islands, in the eastern waters of the North Sea and in a strip of not less than thirty miles width along the Netherlands coast is in no danger.

"VON POHL, "Chief of the Admiral Staff of the Navy. "Berlin, February 4, 1915."

This was accompanied by a so-called memorial, setting forth the reasons advanced by the German Government in support of the issuance of this proclamation, an extract from which is as follows:

"Just as England declared the whole North Sea between Scotland and Norway to be comprised within the seat of war, so does Germany now declare the waters surrounding Great Britain and Ireland, including the whole English Channel, to be comprised within the seat of war, and will prevent by all the military means at its disposal all navigation by the enemy in those waters. To this end it will endeavor to destroy, after February 18 next, any merchant vessels of the enemy which present themselves at the seat of war above indicated, although it may not always be possible to avert the dangers which may menace persons and merchandise. Neutral powers are accordingly forewarned not to intrust their crews, passengers, or merchandise to such vessels."

To this proclamation and memorial the Government of the United States made due protest under date of February 10, 1915. On the same day protest was made to England by this Government regarding the use of the American flag by the Lusitania on its voyage through the war zone on its trip from New York to Liverpool of January 30, 1915, in response to which, on February 19, Sir Edward Grey, Secretary of State for Foreign Affairs, handed a memorandum to Mr. Page, the American Ambassador to England, containing the following statement:

"It is understood that the German Government had announced their intention of sinking British merchant vessels at sight by torpedoes without giving any opportunity of making any provisions for saving the lives of noncombatant crews and passengers. It was in consequence of this threat that the Lusitania raised the United States flag on her inward voyage and on her subsequent outward voyage. A request was made by the United States passengers who were embarking on board her that the United States flag should be hoisted, presumably to insure their safety."

The British Ambassador, the Hon. Cecil Spring-Rice, on March 1, 1915, in a communication to the American Secretary of State regarding an economic blockade of Germany, stated in reference to the German proclamation of February 4:

"Germany has declared that the English Channel, the north and west coasts of France, and the waters around the British Isles are a war area and has officially notified that all enemy ships found in that area will be destroyed, and that neutral vessels may be exposed to danger. This is in effect a claim to torpedo at sight, without regard to the safety of the crew or passengers, any merchant vessel under any flag. As it is not in the power of the German Admiralty to maintain any surface craft in these waters, this attack can only be delivered by submarine agency."

Beginning with the 30th of January, 1915, and prior to the sinking of the Lusitania on May 7, 1915, German submarines attacked and seemed to have sunk twenty merchant and passenger ships within about 100 miles of the usual course of the Lusitania, chased two other vessels which escaped, and damaged still another.

It will be noted that nothing is stated in the German memorandum as to sinking enemy merchant vessels without warning, but, on the contrary, the implication is that settled international law as to visit and search and an opportunity for the lives of passengers to be safeguarded will be obeyed, "although it may not always be possible to avert the dangers which may menace persons and merchandise."

As a result of this submarine activity, the Lusitania on its voyages from New York to Liverpool, beginning with that of January 30, 1915, steered a course further off from the south coast of Ireland than formerly.

In addition, after the German proclamation of February 4, 1915, the Lusitania had its boats swung out and provisioned while passing through the danger zone, did not use its wireless for sending messages, and did not stop at the Mersey Bar for a pilot, but came directly up to its berth.

The petitioner and the master of the Lusitania received certain advices from the British Admiralty on February 10, 1915, as follows:

"Vessels navigating in submarine areas should have their boats turned out and fully provisioned. The danger is greatest in the vicinity of ports and off prominent headlands on the coast. Important landfalls in this area should be made after dark whenever possible. So far as is consistent with particular trades and state of tides, vessels should make their ports at dawn."

On April 15 and 16, 1915, and after the last voyage from New York, preceding the one on which the Lusitania was torpedoed, the Cunard Company and the master of the Lusitania received at Liverpool the following advices from the British Admiralty:

"Confidential Daily Voyage Notice 15th April, 1915, issued under Government War Risks Scheme.

"German submarines appear to be operating chiefly off prominent headlands and landfalls. Ships should give prominent headlands a wide berth.

"Confidential memorandum issued 16th April, 1915:

"War experience has shown that fast steamers can considerably reduce the chance of successful surprise submarine attacks by zigzagging--that is to say, altering the course at short and irregular intervals, say in ten minutes to half an hour. This course is almost invariably adopted by warships when cruising in an area known to be infested by submarines. The underwater speed of a submarine is very slow and it is exceedingly difficult for her to get into position to deliver an attack unless she can observe and predict the course of the ship attacked."

Sir Alfred Booth, Chairman of the Cunard Line, was a member of the War Risks Committee at Liverpool, consisting of ship owners, representatives of the Board of Trade and the Admiralty, which received these instructions and passed them on to the owners of vessels, including the Cunard Company, which distributed them to the individual masters.

On Saturday, May 1, 1915, the advertised sailing date of the Lusitania from New York to Liverpool on the voyage on which she was subsequently sunk, there appeared the following advertisement in the New York "Times," New York "Tribune," New York "Sun," New York "Herald," and the New York "World," this advertisement being in all instances except one placed directly over, under, or adjacent to the advertisement of the Cunard Line, regarding the sailing of the Lusitania:

"Travelers intending to embark on the Atlantic voyage are reminded that a state of war exists between Germany and her allies and Great Britain and her allies. That the zone of war includes the waters adjacent to the British Isles. That in accordance with formal notice given by the Imperial German Government, vessels flying the flag of Great Britain or of any of her allies are liable to destruction in those waters, and that travelers sailing in the war zone on ships of Great Britain or her allies do so at their own risk."