"In the case of the sinking of the English steamer Falaba, the commander of the German submarine had the intention of allowing passengers and crew ample opportunity to save themselves. It was not until the Captain disregarded the order to lay to and took to flight, sending up rocket signals for help, that the German commander ordered the crew and passengers by signals and megaphone to leave the ship within ten minutes. As a matter of fact, he allowed them twenty-three minutes, and did not fire the torpedo until suspicious steamers were hurrying to the aid of the Falaba. (White Book No. 2, U. S. Department of State, p. 169.)"
Indeed, as late as May 4, 1916, Germany did not dispute the applicability of the rule, as is evidenced by the note written to our Government by von Jagow of the German Foreign Office, an extract of which has been quoted supra.
Further, Section 116 of the German Prize Code, (Huberich and Kind translation, p. 68,) in force at the date of the Lusitania's destruction, conformed with the American rule. It provided:
Safety of passengers necessary.
"Before proceeding to a destruction of the vessel the safety of all persons on board, and, so far as possible, their effects, is to be provided for, and all ship's papers and other evidentiary material which, according to the views of the persons at interest, is of value for the formulation of the judgment of the prize court, are to be taken over by the commander."
Thus, when the Lusitania sailed from New York, her owner and master were justified in believing that, whatever else and theretofore happened, this simple, humane and universally accepted principle would not be violated. Few, at that time, would be likely to construe the warning advertisement as calling attention to more than the perils to be expected from quick disembarkation and the possible rigors of the sea after the proper safeguarding of the lives of passengers by at least full opportunity to take to the boats.
It is, of course, easy now in the light of many later events, added to preceding acts, to look back and say that the Cunard Line and its Captain should have known that the German Government would authorize or permit so shocking a breach of international law and so foul an offense, not only against an enemy, but as well against peaceful citizens of a then friendly nation.
But the unexpected character of the act was best evidenced by the horror which it excited in the minds and hearts of the American people.
Fault with the Imperial German Government.
Those who plotted the crime.