Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-06-29
Under Existing Treaties Cap
tain Of Commerce Raider
Prinz Eitel Had No Right to
Sink American Ship,
REFUSES TO AGREE TO
PRIZE COURT DECISION
Destruction Of LuSitanla Not
Touched Upon, but Points
involved Are Carefully
Guarded.
~ .oaslaa ,0uan., srsel.l l..ssD wl.si

tsY soasias JOURNAL srueisL lsssHp wtssi
Washington, June 2S.--By agree
mont with .he German foreign Of
! fce the state department made pub
/ lie tonight the text OF the note sent
on June "a by the United States ask
! Ing Germany TO reconsider her retus-
al to settle by direct diplomatic me-
gotlatlons instead OF by prize court
proceedings the claim presented on
behalf of the captain and owners OF
| the American ship William r. Frye,
sunk with her cargo of wheat by the
commerce raider Prlnz Eitel Fried
rich. Ambassador Gerard cabled that
/ he had delivered the note last Satur-
I day afternoon.
/ Tho American government de-
clares that inasmuch az Germany has
admitted liability for the sinking OF
/ the Frye under the treaty of 1898.
prize court proceedings are unneces-
gary and not binding upon the Unit
I cd States.
Denies German Contention.
I Aside from the question of how the
/ indemnity should be paid, the note
brings out clearly the refusal Of the
United states TO accept the contention
that Germany has right TO stop the
carrying Of contraband by American
ships by the destruction OF the con-
I traband and the ship carrying IT,"
While no mention OF submarine war
fare was made In either the last Ger
man note or the present reply, occa
sion was taken to deny this right.
because Of belief that admission of
Il now might in the future be used
as a justification for submarine at
/ tacks on American ships.
Here follows the text OF the note,
+ hieh is addressed " Secretary Lam
sing to Ambassador Gerard in Ber-
\ lin:
Text OF American Note.
Department Of state, Washington.
juno "a. 1915.
you are instructed TO present the
following note TO the German minis
/ ter of foreign affairs
I Il have the honor TO inform your
eXcellency that ] duly communicate
To my government your note OF the
| 7th instant on the subject of the claim
presented In my note Of April 90 last.
on behalf of the owners and e,tDtain
Of the American sailing vessel. Will
liam r. Frye, in consequence Of her
destruction by the German auxiliary
cruiser Prinz litel Friedrich.
In reply. ! am instructed by my
government to say that it has care
fully considered the reasons given by
I the imperial German government Tor
urging that this claim should be
passed upon by the German prize
court instead of being settled by dl-
rect diplomatic discussion between tho
two governments. as proposed by the
government of the United States and
that il regrets to llnd that 1t cannot
concur IN the conclusions reached by
the imperial German government.
Merely Matter of Indemnity.
"As pointed out IN my last note TO
YOU on this subject dated April 30.
the government Of the United States
has considered that the only question
under discussion was the method
which should be adopted for ascer-
tanning the amount Of the indemnity
10 be paid under an admitted liability
ana IL notes with surprise that in ad-
ditlon TO this question the imperial
German government now desires TO
raise some questions as 10 the mean-
ing and effect of the treaty stipula-
tions under which IL has admitted its
liability.
'Gf the government Of the United
suites fbFfNAAlN Ahbffnt1nuH tHt UH-
stion OF the imperial German gov
ernment as now presented it is that
the provisions of Article 10 Of the
treaty OF 1893 between the United
States and Prussia, which is contin-
ued in force BY the treaty of 1898.
justified the commander of the
Prinz Eitel Friedrich in sinking the
William +. Frye. although making
the imperial government liable for
the damages suffered IN consequence.
and that inasmuch as the treaty pro-
vides no specific method for ascef-
tanning the amount Of indemnity To
he paid, that question must be sub
mitted TO the German prize court for
Sinking Not Justifiable.
THE government of the United
States. on the other hand, does not
iiud ia the treaty stipulatlons mem
toned any justification for the sink
ing Of the Frye, and does not consid-
cr that the German prize court has
any jurisdiction over the question Of
The amount OF indemnity 20 be paid
by the imperial German government
on account Of its admitted liability
Tor the destruction Of an American
vessel on the high seas.
You state In your note of the 1th
Instant that article Is Of the above
treaty of 1893 expressly re-
serves 10 he party az war the right to
stop the carrying OF cantraband aud
10 detain the contraband: il follows
hen that If il cannot be accomplished
IN any other way the stopping Of the
supply may in the extreme case be cf-
fected ty he destruction Of the con-
ira band and OF the ship carrying 4.
"The government az the United
States cannot concur IN this eonclu-
sion on the contrary. 1t holds that
these treaty provisions do not author
lie the destruction of a neutral vessel
IN any circumstances. BY its express
terms the treaty. prohibits even the
detention Of neutral vessel carrying
c0ntraband If the master OF the vessel