Evening journal., 1915-06-10
GERNANYINSISTS
CONTRABAND MAY
BE SUNK At SEA
KaiSer'S Government Con-
tends Frye Case Should
Go To Prize Court
Says TREATIES we're
NOT VIOLATED IN Case
BY The United Press.

10y Inc lnlleu iIeha.
WASHINGTON. June 1O.-The Ger
man note concerning the William Z.
Frye case reached the State Depart
ment today.
Following is the text of the reply:
Foreign Office. Berlin, June Z, 1915.
The undersigned has the honor to
make the following reply to the note
of His Excellency. Mr. James W. Ger
ard, Ambassador of the United states
of America. dated April 80. 1915.
Foreign Office. No. 1921. on the
subject of the sinking of the American
sailing vessel. William Il. Frye, by
the German auxiliary cruiser Prinz
! Eitel Friedrich
"The German government cannot
admit that as the American govern
mont assumes. the destruction of the
sailing vessel mentioned, constitutes
a violation of the treaties concluded
between Prussia and the United
States at an earlier date aud now ap-
plicable to the relations between the
German empire and the United States.
or of the American rights derived
therofrom. For these treaties did
not have the intention of depriving
one of the contracting parties engaged
in war of the right of stopping the
supply of cOntraband To his enemy
when he recognizes the supply of
such as detrimental TO his military in
terests. On the contrary, Article l3, OF
the Prussian-Amorican treaty of July
IL, 1893, expressly reserves TO the
party at war the right to stop the
carrying of contraband and to detain
the contraband IL follows then thai
if it cannot he accomplished in an,
other way the stopping of the suppl,
may in the extreme case be onecte,
by the destruction of the contraban,
, and OF the ship carrying il. AS a mat
ter of course, the obligation of Tn
party at war 10 pay compensation b
the parties interested Of the neutra
4 contracting party remains in orc
4 whatever be the manner of stoppin
the supply.
According to geenral principles q
= international law any exercise Of IN
right OF control over trade in contra
, band is subject to the decision of tn
prize courts even though such righ
may be restricted by special treaties
AT the beginning of the present wa
Germany pursuant to these principles
established by law prize jurisdiction
for cases of the kind under consider
alton.
"Tho case of the william p Frye j.
likewise subject TO the German prize
: jurisdiction for the prussian- n-Americar
: treaties mentioned contain no stipu
lation as 10 how the amount of TN,
} compensation provided by article /:
OF the treaty cited is to be fixed Tn,
German government. therefore, com
plies with its treaty obligations to &
full extent when the prize courts in
stltuted by il in accordance with in
ternational law proceeds in pursuanc,
o. the treaty stipulations and thus
/ award the American interested al
equitable indemnity. There would
therefore, be no foundation for
claim of the American government
unless the prize courts should no
grant indemnity in accordance witt
the treaty: in such event. however
! the German government would no
] hesitate TO arrange for equitable in
dCmnity Notwithstanding For tn,
rest prize proceedings of the case o
the Frye are indispensable, apar
from the American claims. for tn,
reason that other claims Of the neu
trail and enemy interested parties ar,
to be considered in the matter.
AS was stated in the note OF Apri
4 last the prize court should have {,
decide the questions whether the de
struction of the ship and cargo wa,
legal, whether and under what condi
tions the property sunk was liable e
coniscation and to whom and in wha
amount indemnity is to be paid pro
vided application therefor is received
Since the decision of the prize cour
> must first be awaited before any
further position is taken by the Ger
man government. the simplest wa,
for the American interested parties
Ia settle their claims would be 10 en-
ter them in the competent records II
accordance with the provisions Of tn,
German code Of prize proceedings.
"Thc undersigned begs to sugges
that the ambassador bring the abov,
to the knowledge Of his governmen
and avails himself. etc.
Won JagOw.
Minister for Foreign Affairs
/ ~