The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1915-04-14
TO PAY FOR WIN. P. FRYE
GERMANY AGREES TO INDEMNI-
TY ASKED BY e. 8.

TY ASKED BY u. s.
Won Jasow Gives Quick Response t.
American Note-Claim Allowed
for Unexpected Reason.
Ambassador Gerard has cabled tn.
following note, which has been re
ceived from the German government
stating it's intention to compensate
the owners Of the ship William P
Frye, sunk in the high seas, by tht
commerce raider Prinz Eitel Fried
rich. The reply of the German gov
eminent follows:
"The undersigned has the honor L
make reply to the note Of his excel
lency, Mr.. James G. Gerard, ambas
sador Of the. United States Of Ameri
ca dated the 3rd instant, relative tt
claims for damages for the sinking o.
the American merchant vessel, vii
liam P. Frye by the German auxiliary
cruiser Prinz Eitel Friedrich.
According to the reports which
have reached the German govern
ment, the commander Of the Prinz
Eitel Friedrich stopped the William
P. Frye on the high seas January a.
1915, and searched her. He found
on board a cargo of wheat consigned
to Queenstowns, Falmouth or Ply.
mouth to order. After he had first
tried to remove the cargo from the
William P. Frye, he took the ships
papers and her crew on board and
sank the ship.
"It results from these facts that
the German commander acted quite
in accordance with the principles ot
International law as laid down in the
declaration Of London and the Ger
man prize ordinance. The ports Of
Queenstown, Falmouth and Ply
mouth, whittier the ship visited was
bound, are strongly fortified English
coast places, which moreover serve as
bases for the British naval forces
Tte cargo of wheat being food OF
foodstuffs was conditional contraband
within the meaning of article "a,
number l., Of the declaration Of Lon
!! don and article %, number 1, Of the
: German prize ordinance and was
therefore to be considered as destin-
ed for the armed forces Of the enemy
pursuant to articles 33 and "a Of the
declaration of London, and articles
80 and "a Of the German prize ordi-
nance and to be treated as contra
band pending proof Of the contrary.
t'This proof was certainly not cap
able of being adduced at the time OF
the visiting of the vessel since the
cargo papers read to order. This,
however, furnished the conditions un-
der which pursuant to article 49 OF
the declaration of London and article
1l3 of the German prize ordinance,
the sinking Of the ship was permissi-
Bile, since it was not possible for the
auxiliary cruiser to take the prize
into German port without involving
danger to it's own security or the sue
cess of its operations. The duties de-
voIving upon the cruiser before de-
struction of the ship pursuant to ar
ticle so of the declaration Of London
and article 116 of the German prize
ordinance were fulfilled by the cruis-
er in that it took on board all the
persons found on the sailing vessel as
well as the ships papers.
''The legality Of the measures TAX
en- by the German commander is fur
thermore subject to examination by
the German prize court pursuant to
article 81 of the declaration of Lon
don and section /, number 2, of the
German code of prize procedure.
These prize proceedings will be insti-
tuted before the prize court at Ham
burg as soon as the ships papers are
received and will comprise the settle
ment Of questions whether the de-
struction of the cargo and the ship
was necessary within the meaning OF
article 49 Of the declaration OF Lon
don; whether the property sunk was
| liable to capture and whether, to
what extent, indemnity is to be
awarded the owners.
'"In the trial the owners Of ship
and cargo would be at liberty, pur-
suant to article "a, paragraph 8; OF
the declaration of London, to adduce
proof that. the cargo Of what had an
innocent destination and did not
therefore have the character Of con-
traband. If such proof is not adduc-
ed the German government would not
be liable for any compensation what
ever, according to the general prlncl-
pies of international law. 49,
However, the legal situation Is
somewhat doubtful in the light OF
the special stipulations applicable to
the relations between Germany and
the United States, since article 13 OF
the Prussian-American treaty OF
friendship and commerce OF July IL
1899, taken in connection with arti.
Gle II of the Prussian-American
treaty of commerce and navigation o1
May /, 1928, provides that contra
band belonging to the subjects OF
citizens of either party can not be
confscated by the other in any case
but only detained or used in consld'
Grafton of payment of the full value
of the same.
"On the ground Of this treaty stip,
ulation, which is as a matter oi
course binding on the German prize
court, the American owners of ship
and cargo would receive compensa'
ton even. if the court should declare
the cargo of wheat to be contraband
Nevertheless, the approaching prize
proceedings are not rendered super
fuous since the competent prize court
must examine into the legality of the
capture and destruction and also pass
upon the standing of the claimants
and the amount Of indemnity.
"The undersigned begs to suggest
that the ambassador bring the above
to the knowledge Of his government
and avail himself, etc., etc.
(Signed) "Jagow.
| "Anri1 1919"