El Paso herald. (El Paso, Tex.) 1901-1931, 1915-06-10
GERMANY SENDS
NOTE ON FRYE
Gives New Twist to Treaty
in Correspondence Over
Sinking Of the Boat.

\ Continued From Page One)
war the right to stop the carrying Of
u cOntraband and to detain the contra
band. 1t follows then that. if il can
Hnot be accomplished in any other way,
7 extreme case. be effected by the de-
I struction Of the cOntraband and OF the
] ship carrying il. As a matter OF course
! the obligation of the party at war to
I esred Of the neutral contracting party
! remains in force, whatever be the
manner of stopping the supply
subject to Prize Court.
According to general principles of
| international law, any exercise Of the
1 right of control over the trade in con-
! traband is subject to the decision or
/ the prize courts even though such
( rights may be restricted By special
AT the beginning of the present wax
; Germany, pursuant to these principles
! established by law prize jurisdiction
l for cases of the kind under cOnsidera-
/ tion. The case or the VIM p Frye
| is likewise subject to the German prize
[ Jurisdiction, for the Prussian-American
treaties mentioned contain no stipula-
I ton as TO how the amount Of the COM
pensatiOn provided by article 10 of tbs
/ treaties cited, is to be fixed.
Question Of Indemnity.
The German government therefore,
Z complied with its treaty obligations
to a full extent when the prize courts
I instituted by IL in accordance with in
ternatonal law proceed in pursuance
TO the treaty stipulation and thus
award the Americans interested an
equitable indemnity. There would
/ therefore, be no foundation for a claim
OF the American government unless the
prize court should not grant indemnity
In accordance with the treaty; in sJcn
event however, the German govern
hnle "a Ha 70 g.
equitable indemnity. Notwithstanding
FOR the rest, prize proceedings FOR
the case Of the steamer Frye are indis-
pensaole, for the reason that other
claims Of neutral and enemy interested
parties are to be considered in the
matter.
Summary Of Questions.
AS was stated in the note Of April
last the prize court should have 70
decide the questions Of whether the
destruction Of the ship and cargo was
legal. whether and under what condf-
ton the property sunk was liable 20
cohIlscailon, and TO whom and in what
amount indemnity is to be paid. provi-
ued application therefore is received.
Americans Should File Claims.
since the decision Of the prize court
must 1irst be awaited before any fur
ther position is taken by the Germs,
government, the simplest way for the
aileflcan interested parties to settle
thelr claims would be to enter them
~ competent records in accordance
@l' 1- ne provision for the German code
a, The undersigned hegs to suggest
thaJ the ambassador bring the above
20 the knowledge Of his government
(signed) gym rseo,,
Minister for foreign sffsi-s 20
me American note TO Germany con-
corning the sinking Of the Iusitsr{a
~ --iSl Rreclpitated the crisis in nresf-
"a "Hnam
20 which VIM. J. Bryan resigned ss So
[etarF OF state, was reported here IN
nave reached ambassador Gerard IN
Berlin early today.
GermanT Awaits EuiSsarr
IL Is understood here that the Gar
man government will not make answer
- .ile american note until after Afvar
mar a. me special envoy chosen bv I
Synt Won Bernstorff. the German am I
otssauor, 10 outline the American r,ofr4 !
or view to the government at Berlin
arrives and explains the situaffor,
ms II IS estimated, will take at least /
a week or ten days
Lhe latest note. though couched in 1
I,IlehalE terms, reiterates firmly the
demand for reparation for the loss OF
american lives in the sinking of the 1
LuslJania and sets forth clearly the !
earnest desire OF the American gov
eminent that Germany Lightly her early |
adherence to the principles Of fnt-~na- I
ton laW-that neutrals be permitted 70 /
travel in unarmed shius without bsf1S
subJect TO the dangers Of submarine I
warfare. ---'
Note shown to Bryan.
1t became known today that sust ~
lore the last American note was for
Warded to Berlin ii was shown to for !
mer secretary Of state Bryan by acting 1
secretary Lansing at the personal df-
rection Of president Wilson SIfuht /
changes mad been made in the note and /
the president wanted Mr.. Bryan To see I
II in its final form
Bryan Has More to say.
FORMER secretary Bryan is preparing
another statement Of his attitude IN tbs 4
between the United states ana /
Germany. which he intends to issue tor /
publication when the American note is
published.
Chief attention was concentrated on
the effect Of Mr.. Bryan's statement OF
wednesday giving the reasons for his
resignation. In that statement Mr.
Bryan announced his intention, as
private citizen, OF submitting to he
public for judgment his view Of what
the American policy toward Germany
should be.
His Statement Is Disapproved.
Mr. Bryan's statement some officials Z
thought was unfortunate, coming at a
time when the discussion with ermany
was In progress. Some members OF the
cabinet had advised against the fssu- l
ance Of the statement
There was considerable speculation |
here today as to who would succeed
Mr.. Bryan. While the president is not !
90 make a choice for come [
weeks, it was believed that Robert |
lansing. counselor or the state depart
nent who has been commissioned as
secretary OF state ad Interim. even
ma 11v would receive tho rtarrrsre-f =