Connecticut western news., 1915-09-30
BERLIN PLEDGE
 IS GIVEN ID J. s.
New Frye ROtG Assures Safety
 Of Merchantmen.
ATTITUDE OF CANCELLATION

Germany Gives Formal Assurances
 That U-Boats Will Not Sink Aneri-
 can Ships Carrying Contraband and
 Quotes Orders Given to the kaser's
 Naval Forces-Inoemnity For Frye.
 Germany's new note providing for the fixing of indemnity for the sinking of the American schooner Frye. made public at Washington, contains Der Hn's pledge to sink no more American ships carrying conditional contraband and practically ends the submarine is sue. The note says:
 Berlin, Sept. 19, 1915.
 The undersigned has the honor to make the following reply to the note of his ex- eelIency,. MT. James w. Gerard. ambassa' dor of the United States of America dated 18th ultimo on the subject of claim for reparation for the sinking of the Ameri- can merchantmen William P. Frye.
 With regard to the ascertainment of the damage by experts, the German govern ment decides that it should dispense with the nomination of an umpire. Tn the cases of the ascertainrnent of damages hitherto arranged between the German govern ment and neutral government from sim liar causes the experts named by the two parties have always lreached an agree ment as to the amount of the damage without difficulty: should it not be pos gible however, to reach an agreement on some point, it could probably be settled hr diplomatic negoti9 tion. Assuming that the American government agrees to this the German government names as it's expert Dr. Kepny of Bremen, director of the North German Lloyd; it begs to await the Aocfcroa pFf Io
 \ Does Not Admit Treaty Violation.
 The German government declares that 1t agrees to the proposal of the American government to separate the question of n- demnity from the question of interpreta ton of Prussian-Amercan treaties of 17S5 , and 1799 and 1928. It therefore again ex pressly states that in making payment it does not acknowledge the violation of the treaty as contended by the American side, but it will admit that settlement of the question of indemnity does not prejudice the arrangement of the differences of. opinion concerning the interpretation of the treaty rights, and that this dispute is left to be decided by The Hague tribunal Of arbitration.
 of the compromise provided by article E of The Hague arbitration convention would best be conducted between the foreign of fee and the American embassy at Berlin, in view of the difficulties in the way of fnstructing the imperial ambassador a Washington. In casS the American gov ePnment agrees. the foreign office is pre- pared to submit to the embassy a draft of such a compromise
 !, Under No Legal CompuIsion.
 The American governments inquiry whether the German government will gov ern its naval operations in accordance with the German or American interpreta- tion of the treaty of stipulations in ques- tion pending the arbitral proceedings has been carefully considered by the German government. From the standpoint of law and equity it is not prevented, in it's opin- ion, from proceeding against American ships carrying contraband, according to its interpretation, until the question is settled by arbitration
 For the German government does not need to depart from the application of generally recognized rules of the mari time war as the declaration of London. unless and in so far as an exception based on treaty is re-established beyond all doubt; in the case of the present differ ences of opinion between the German and American governments, such an exception could not be taken to be established ex- &ept on the ground of the arbitral award z Proof of ConciIatory Attitude.
 Moreover, the disadvantages to Ger many which would ensue from the Amer ican interpretation of the treaty stipula- tions would be so much greater as to be cut of proportion to those which the Gel man interpretation would entail for the United States. For whereas the Ameri- can interpretation would materially in,- pede Germany in her conduct of warfare. hardly any particular disadvantaGe 10 American citizens would result frCn the German interpretation. since they receive full reparation for any property damage sustained.
 Nevertheless the German government fin order to furnish to the American gov ernment evidence of it's cOnciliatory atti- tude, has issued orders to the German naval" forces not to destroy American merchantmen which have loaded cundi- tional contraband even when the condi- lions of international law are present. but to permit them to continue their voyage unhindered, if it is not possible to take them into port. On the other hand ir must reserve to itself the right to destroy vessels carrying absolute contrabanl whenever such destruction is permissible according to the provisions of the decla~a- tion of London. VON JAGOW.