Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-06-10

INSISTS DISPUTE is
FOR PRIZE COURT

INSISTS UlSf 10
FOR PRIZE COURT
Berlin Insists Question In Controversy
Must Take Usual courss-He'ds
Treaty ssewssn Two Nations 8: Net
BEING Violated by Refusal to Trans
Ssr Dispute 70 German Imperial EN-
bassy. ~.
washington, June 10.-The German
reply to the second American note re-
earding the sinking Of the American
ship william p. Frye by the Eitel
Friedrich, reached the state depart
ment today. Acting Secretary Lansing
stated it, contents would not be made
,ublic until the reply had been studied
Cable advices from Berlin have
rated that Germany's reply reiterates
the stand taken In its original note
acknowledging liability in the Frye
case and referring It to prize court.
This government urged that the mater
be transferred from the prize court TO
the imperial German embassy here IN
order to expedite settlement
Holds Treaty mot v;o;.tsa.
Following is tho German reply:
"ForeiRn office, Berlin, June Z. 1915.
Tho undersigned has the honor to
make the following reply to the note OF
his. excellency. Mr.. James w. Gerard.
ambassador Of the United States OF
America, dated April 30. 1915. foreign
Office No. 1921. on the subject Of the
sinking Of the American sailing vessel
William p. Frye by the German auxll-
uary cruiser Prinz Eitel Friedrich.
"The German government can NOT
admit that. 40 the American govern
ment assumed, tho destruction Of the
vessel mentioned constituted q viola
ton Of the treaties concluded between
the Prussian government and the Unit
ed States at an early date and not ap-
plicable TO the relations Of the German
empire ana the United States and the
American rights derived therefrom.
Therefore these treaties did not have
the intention Of depriying one OF the
contracting countries Of~the right IN
war Of stopping the shipment OF con-
traband to an enemy when he recoe-
nizes such as detrimental to his mill
tary interests.
Admits Obligation 70 Pay.
"On the contrary. article 13, of the
Prussian American treaty Of July IL.
1899, expressly reserves to the party
at war the right to stop carrying Of
contraband and to detain the contra
band It follows. then. that If 1t can
not be accomplished in any other way
the stopping OF the supply may in the
extreme case be effected by the de-
struction Of the. contraband and the
ship carrying 1t. As matter of course.
the obligation Of the party at war to
pay indemnity remains in force what
ever may be the manner Of stopping
the supply.
According to the general principles
right of control of trade in contraband
is subject to the prize court even tho
the right may be restricted by special
treaties.
Defends Attitude.
"At the beginning Of the war Ger
many, pursuant to these principles, es-
tablished by law prize Jurisdiction for
cases Of this kind under consideration.
The case Of the William p. Frye il
likewise subject to the German prize
provisions, for the Prussian-American
treaty contain no stipulation providing
by whom the stipulation is to be fixed.
, 1.-The German government therefore
complies with its treaty obligation to q
full extent when the prize court insti-
~, au 4n$A
national law proceed in pursuance with
the Americans interested an equitable
indemnity. There would therefore be
no foundation for claim from the
American government II the prize
court. would not grant an indemnity
In accordance with the treaty. The
German government would not hesi-
tate to arrange an equitable Indemnity
Notwithstanding.
For the rest, prize proceedings In
) the case of the Frye are indispensable,
apart from the American claims 70.
the reason that the claims Of the neu-
trail and enemy interested parties are
to be considered IN the matter.
.sy Rsfusss 20 Reesds.
"As was stated In the note Of April
last, the prize court should have to
decide the question whether the de-
structioG Of the ship and cargo was
LEGAL whether and under what condi-
tjons tho property sunk was liable to
conilscation, and to whom and In what
amount indemnity 10 to be paid, pro-
svided application therefor Z: :ccc!.'Ad
Since the decision Of the prize court
must be awaited before any other posi-
ton II taken by the German govern.