Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-07-27

Continued from Page one.)
Frye by the German cruiser Prinz Eitel
Friedrich.
In that communication the United
States vigorously asserted its position
that even though an American ship car
ried contraband Of war. II was peculiarly
protected from destruction by the stipu-
lations OF the Prnssian-American treaty
Of lsS. Flax. which was being carried by
the Leelanaw. was declared absolute con-
traband by Germany on April 70 as re-
taiiauon against the British contraband
declaration. While procedents OF interna.-
tional law in recent years. supported par
ticulariy by the Declaration OF London.
have recognized the right OF a belligerent
TO sink a neutral HessSl carrying contra
hahd II the ship was certain OF condem-
iation by a prize court. the action has
been limited to extreme cases OF nsces-
sity when the taking OF prise into port
would Involve danger to the vessel maxi
ing the capture.
Article of Treaty.
Irrespective OF the principles OF inter-
national law noted on that point. how
ever. the United states has In its CORE
npondence with Germany insisted on the
application OF the following article u e
thu treaty;
In the. uase Of one Of tho contracting
other power. 70 I prevent ali the di2ncnI-
ties ana MISUNDERSTANDING that. usually
arise respecting merchandise OF contra
mi i So Storss q ever 1 hind s s n
articles carried IN the vessel OF By the
Eubiects or citi.ans OF either party 70
oontraband 70 ~ to induce oonftscafion
or condemnation and soaa Of properly
70 individuais Nevertheless, 4 shall be
and 20 detain them for such length Oh
time ~ the capooGp may think necessary
70 prevent the Inconvenience OF damage
paying. however, reasonable comprnss-
tion fer the ioae such arrests shall 90
cesion 70 the Proprietors. But in the
css u e'is he mas sos ar q
Goods supPoee4 70 Be "a eontrsbs9d ma
fhs .vesssl shall not Be- IN thaff case Be
tsiasd. but sSaG & allowed % 'p prcOs cd
Germany Immediately admitted its ma
biiity under the foregoing article when
the Frys was sunk and agreed to pay
damages. but took the view that the sink
ing o. the vessel was not a Violation
of the treaty. but q right that had in
tercnti~ily been grained by the treaty
itself
Must Pay. +.
ION the contrary" said Berlin. ar
ticle - expressly reserves TO the party
At war the right to stop the carrying OF
oontraband and 20 detain the contraband;
IL follows then that II Il cannot be 40
complIshed IN any other way thu stop
IuinnF 81 a.. -.
cause. be effected by the destruction OF
The ship carrying It. A. a matter OF
course. the obligation OF the party at war
70 pay compensation 70 the Interested
persons Of the neutral contracting party
remains In force whatsoever be the man
ner Of stopping the supply
The United BtateA as late a. June "a.
replied that ''tha government OF me
United States cannot concur In this con
clusion.H
The case ~ the Lcelanaw. Il was tn
dicated BY officials. would De argued
along the same lines as soon a. an Of
fetal report was received Saving OF the
lives o. the CROW. they thought could
not allay the feelinE Of the American
governmane that Germany had not only
violated international law. in the case
q Americans travelling on unresisting
merchantmen. but had four tmos. In the
present war. violated a treaty OF nearly
centurys standing. Under that treaty
the American government CONSIDERS that
The American ships Outright and Ne
braskan. which were torpedoe6 without
warning. the william p Frye and the
J1eeianaw should have been immune from
violence Of any kind.
Message from Consul.
Messages from American Consul Den
nlslOn AZ Dundee. scotland. and Consul
General skinner a London telling OF tn.
torpedoing and sinking Of the American
steamer Leelandaw were received toda,
az the state department. The messages
said all the crew were saved and had
landed AZ Kirkwall
Consul DenniEion's message said;
Steamer I-eelandaW from New Yori
10 eelfest with flax torpedoes and sum-
~ ffunan sunmsrine July Is. Who'll,