The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1915-09-29
GERMANY YIELDS
AGREES TO AMERICAN VIEWS ON
THE FRYE INCIDENT

AGREES TO AMERICAN VIEWS ON
:. THE FRYE INCIDENT
! ACCEPTS OUR PROPOSAL
, Berlin Agrees to Plan for Naming Ex-
perts to Fix Indemnity and Tells Of
New Orders Issued to Naval Conn
manders - Cites Agreement as
Proof Of Friendly Feeling.
Germany, in its latest note in the
Frye case, made public Thursday,
notifies the United States that orders
have been issued "to the German
naval forces not to destroy American
merchantmen which have loaded con-
ditional contraband, even when the
conditions of International law are
Ipresent, but to permit them to COM
tinue their voyage unhindered if it is
not possible to take them into port ~ =
| Germany gave this assurance Sin
order to furnish, to the American
government evidence Of its conciIia-
tory attitude" while the question Of
interpreting the treaty Of 1928 is
Submitted to arbitration. The Ameri-
can suggestion for the naming of ex-
perts to fix the indemnity for sinkings
the Frye is accepted.
As for absolute contraband such as
Iarms and ammunition, Germany
states in its note that t'it must re-
serve to itself the right to destroy
vessels carrying absolute contraband
wherever such destruction is ,permis-
|sible according to the provisions Of
the declaration of London"
The German note is regarded by
officials as evincing more friendly
spirit on the part Of the German for
eign office. After months Of strained
relations between the two countries il
was received as very favorable de-
velopment.
! It practically insures American
vessels against attack without warn
ing and even in the event that they
are carryin absolute contraband.
passengers and crew are bound, ac-S
cording to the declaration of Lon-
don, to be removed before there is
any destruction, which also can oc-
cur only in the event of extreme nec-
essity.
The note follows: with regard
first to the ascertainment Of the dam
age by experts the German govern
ment believes that it should dispense
with the nomination of an umpire.
In the cases of the asceftainment. OF
| damages hitherto arranged between
the German government and a neu-
tral government from similar causes,
| the experts named by the two parties,
have always reached an agreement as
| to the amount Of the damages with
out difficulty; should it not be pos
sible, however, to reach an agrees
ment on some point, it could probably
be settled by diplomatic negotiations.
Assuming that the American govern
ment agrees to this, the German gov
ernment names as its expert DR.. Kepns
of Bremen, director of the North Ger
man Lloyd; it begs to await the des-
ignation of the American expert.
"The German government declares
that it agrees to the proposal Of the
American government to separate
the question of indemnity from the
question of the Interpretation of the
Prussian-American treaties of 1885,
1879 and 1928. 1t therefore again
expressly. states that in making pay
ment it does not acknowledge the
violation, of the treaty as contended
by the American side,. but it will adj
NIT that the settlement of the Ques-
ton of indemnity does not prejudice
the arrangement Of the differences Of
opinion concerning the Interpretation
Of treaty rights, and that this dispute
is left to be decided by The Hague
tribunal Of arbitration.
"The negotiations relative to the
signing of the compromise provided. :
by article 50 of The Hague arbitra-
ton convention would best be con-
Quoted between the foreign office and
the American embassy at Berlin in
view of the difficulties in the way OF
instructing the imperial ambassador
at Washington In case the Ameri-
can government agrees the foreign
office is prepared to submit to the
embassy draft Of such a compro-
mise.
"The American governments in-'
luiry whether the German govern!
ment will govern its naval operations
| in accordance with the German or the
American Interpretation Of the treaty;
stipulations on the question. pending
| the arbitral proceedings, has been
carefully considered by the German
government From the standpoint OF
law and equity, it is not prevented In
| its opinion from proceedings against.
American ships carrying ,contrahand :.
according to its Interpretation until
the question is settled by arbitratioD.A
For the German government does,
not need to depart from the applica-
ton of generally recognized rules .of
the law Of maritime war, as the dec
laration of London unless and insofar
as an exception based on treaty is
established beyond all doubt. In the
case of the present difference Of opin-
ion between the German and the
American governments such an excep-
ton could not be taken to be estab-
lished except on the ground Of the
arbitral award Moreover, the dlsad-;
vantages to Germany which would en-
sue from the American Interpretation
of the treaty stipulations would be so
much greater as to be out Of proper
ton to those which the German inter-
probation would entail for the United
States. For whereas the American
Interpretation would materially i'm
pede Germany in her conduct of war
| fare hardly any particular disadVan-
| tage to American citizens would re-
suit from the German Interpretation
since they receive full re2aration for
any property damage sustained.
Nevertheless, the German govern
ment, in order to furnish to the
American government evidence Of its