South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-06-15
INV MENACE TO OUR SHIPPING.

amount or money TO be paid for sink
ing her. Germany makes the Frye case
the peg on which 10 hang a new naval
policy that may cause us vast trouble
In Herr Won Jagow's last note on the
subject. the German foreign secretary
asserts the right to destroy any Amer
lean ship that is carrying contraband
goods provided Germany pays for the
ship
The purpose is obvious Germany is
determined TO stop our sending war
supplies to the allies and Won Jagow
has now hit upon what ne thinks is
a legal method.
The vast war orders on which
American manufacturers are now
working viii have to be delivered 70
Europe somehow So will our new
grain surplus Heretofore most of
such exports have gone in foreign
vessels. Germany is trying. by means
OF her submarine attacks. 10 drive all
merchant ships OF the allies from the
sea, and particularly 10 sink ships car
rying contraband. We need not ex-
Will have intelligence Of every such
shipment and her submarines will lie
in wait She has legal right 10 de-
stroy both goods and ships under an
enemy's flag. provided she respects
the lives of passengers and crews.
relentless pressing Of that cam
paign would naturally drive contra
band commerce to neutral ships In
such cases while Germany would al
ways have the right 10 cOnhscate or
destroy the goods-paying for them
where treaties oblige her TO do so-she
would have no right TO destroy the
ships. But being determined to de-
prive her foes OF the contraband at
any cost. and finding that the easiest
way in submarine operations is simply
20 send the cargo and ship 10 the
bottom together. Germany simply de-
cides to sink at her own expense every
American ship-and possibly every
other neutral ship1-that happens TO
be carrying, or is suspected OF carry
ing. war supplies.
The legal arbument will provide
fresh bone OF contention for the Dip
lomats of Berlin and Washington.
Here are the main points:
The authority invoked by Germany
is the old treaty between the United
States and Prussia made in 1899. 1t
was on this document and a later
treaty Incorporating many of its pro-
visions that Germany based her con-
sent 10 pay for the Frye when we first
demanded payment Priest Wilson
naturally assumed thereupon that
Germany admitted having broken the
treaty. Won JagOw. however, now de-
clares that Germany admits no such
thing-that under the treaty she had
right 10 destroy it, if she paid the
damage.
These treaties" says the Berlin
foreign secretary. did not have the
intention of deprivtng one of the con-
tracing parties engaged in war Gin
this instance. Germany, Of the right
OF stopping the supply of contraband
10 his enemy when he recognizes the
supply OF such as detrimental 10 his
military interests And since the
party at war is explicitly given the
right 10 "detain cOnraband," he ar
CUES that If it cannot be accom-
plished in any other way, the stop
ping OF the supply may in the extreme
case be effected by the destruction Of
the contraband and of the ship carry
ing it."
Article XIII of the treaty Of 1923
on which he bases this claim says:
IL shall be lawful to stop such
vessels and articles (ships carry
ing military supplies) and 20 de-
tain them for such length OF time
as the captors may think neCes-
sary TO prevent the inconvenience
or damage that might ensue from
their proceeding, paying how
ever. q reasonable compensation
for the loss such arrest shall oc-
casion the proprietors; and IL
shall further be allowed TO use In
the service of the captors the
whole or any part OF the military
stores so detained. paying the
owners the full value OF the same.
There is nothing said about sink
ing the ship. The only possibility
suggested is detention" which Herr
Won Jagow stretches 10 make it mean
destruction" IL is even provided
further that.
III the master OF the vessel
stopped viii deliver out the goods
supposed 20 be OF COntraband ma
tore, he shall be admitted 20 do
n, and the vessel shall not in that
case be carried into any port, nor
further detained. but shall be al
lowed TO proceed on her voyage.
To a mere layman. IL looks as II
Capt. Thierichens OF the Prinz Eitel
Friedrich broke that clause Of the
treaty when ne sunk the Frye The
cargo OF wheat had been surrendered
by the Fryes captain without any
fuss. The German sailors then be-
gan 20 dump il into the sea. Finally.
firing OF that process. Capt. Thierich-
ems simplihed the disposal OF the re
naming cargo by blowing up the
ship. No evidence has been given 20
prove that IL was an extreme case,
lustifying such measure because OF
danger 20 the captors.
Be that as 10 may. We have here