New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-12
Germany in the Wrong in the
Frve Case.


German diplomacy has been badly served
by German diplomats. Now German
naval officer, cut off for many months
from communication with Berlin, has vent
ured TO construe international law. and IN
constituting it has crashed head on against
the logic with which the German govern
ment has been justifying its proclamation
of war zone" about Great Britain and
Ireland.
Captain Thierichens of the converted
liner Prinz Eite Friedrich could not have
been expected TO know what arguments
Germany had used in explaining TO neu-
trail nations her policy of naval reprisals
against Great Britain. He could not have
guessed that paper "war zone" would
be established and that Germany would
order the torpedoing Of allied merchant
men on sight because the Allies had de-
cided to stop the importation Of food sup
plies into Germany.
The commander of the German COM
merce raider must be acquitted Of having
run counter, through mere stupidity, to
the letter and spirit of Berlin's solemn
protestations. But apart from the special
commitments Of the war zone CORE
spondence unknown to HIM he should
have been aware that he had no warrant
in general international law for sinking a
neutral vessel carrying a nOn-contraband
cargo. Germany has never put on the
con(raband list food not intended for the
use of the armed forces of the enemy and
fiercely denies the right of any other bel
lgerent TO do it. The William p. Frye
carried a cargo of wheat not owned by
the British government and not consigned
&c it or its agents. Neither the cargo nor
The vessel was subject to any greater pen
atty than formal detention and eXamna-
ton in a German port. 1t was therefore,
on its face. a gross violation Of neutral
rights on the high seas to jettison the
wheat which the Frye carried and then
20 destroy the vessel.
Here is a case of high-handed interior
ence with neutral commerce on which the
United States can set helpful precedent
of uncompromising resistance. President
Wilson pledged himself in his note to the
German government of February 10 last
to take any steps necessary T. safeguard
American lives and property and to secure
tt American citizens the full enjoyment
of their acknowledged rights on the high
seas" That pledge should now be made
good.
Unless there is some evidence, hitherto
undiscloscd, of bad faith on the part Of
the owners of the Frye and its cargo, or
some evidence of the consignment Of the
wheat TO the British government direct,
Germany cannot avoid making ample
yeparation for Captain Thierichens's blum
der. It would be good diplomacy for the
Berlin government to offer amends at once
without waiting for a protest from Wash
ington. for the commander Of the Prlnz
Eitel Friedrich has sinned as grieyously
against German military policy as he has
against neutral rights.
But of reparation there can be no doubt.
BY queer irony Of fate the warship which
sank the Frye is now within our jurls-
diction We also hold nearly half a million
tons of German merchantmen as hostages.
Germany will probably pay promptly for
the destruction of the Frye because it is
to her interest in every way to do 50.
But, under any circumstances, she would
have had to pay eventually, since there Is
no tribunal in which she could possibly
hope to maintain case against US.