Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-08-05
j. s. WILL ACCEPT
GERMAN ANSWER
Question Hinges on Germany's
Right to Sink American Ves-
sells Carrying Contrahand.
Special By United Press Wire.

probably will accept the German
proposition to submit the Frye case,
as a general test of the Prussian-
American treaty of 1928, to The
Hague. High officials said today
that while the controversy was not
of kind to warrant a break sup
plement is imperative. The question
hinges on Germany's right to sink
American vessels carrying contra
bands.
Pending arbitration it was expect
ed America would accept Germany's s
offer to pay for the Frye, with the
understanding that payment does
not constitute a waiver, either by
Germany or America, after respec-
tive Interpretation of the treaty.
No action was looked for relative
to the British note rejecting Ameri-
cas- scheme of freedom of the seas
until President Wilson's return to
Washington.
The Frye case arose from the sinking
Of the American ship of that name by
the German cruiser Prinz Eitel Fried.
r1ch when the Frye was carrying a car
60 of wheat to Ireland. Germany
promptly admitted liability, but insist
ed the case should be passed on by a
prize court to determine the legality of
the sinking.
The United States objected, declaring
II was q case Of treaty violation, over
which the prize court had no Jurisdic
ton, and suggested that the amount OF
damages be fixed by negotiations be-
tween the German embassy and the
state department.
The German note cOntradicts almost
every point raised by the United States
in maintaining itsaiSieW Of the case.
The disagreement nIs two
goyezRents on
r hterprsa
Germany declares her willingness to
pay damages in the Frye case. The
amount, she suggests. may be deter
mined by commission of two experts
to be appointed by each government
Arbitration at The Hague is offered as
an alternative.
Germanys Note OF Juiy 3o.
After the usual preamble the note
states that the American note Of June
26 has been carefully examined. 1t
continues:
This examination has led to the follow
ing conclusions: The government of the
United States believes that 1t Is in
cumbent upon II TO take the position that
the treaty rights to which America is
entitled as contained in article IL of the
Prussia American treaty OF amity and
commerce of Sept. 10, 17s5. in article ls of
the Prussian american treaty of amity
and commerce of July II, 1879. were
violated by the sinking of the William P
Frye.
1t interprets these articles as meaning
that q merchantmen OF the neutral con-
tracing party carrying contraband cannot
In any circumstances be destroyed by
warship OF the belligerent contracting
party and that the sinking of the VIII
liam P Frye was, therefore, in violation Of
the treaty, even II her cargo should have
consisted OF contraband, which 1t leaves
outside of the discussion.
The German governm Mt cannot accept
this view 1t insists as heretofore that
the commander of the German auxiliary
cruiser acted in the legal exercise OF the
right of control of trade In contrab band en-
IN
and that the treaty stipulations mentioned
merely oblige the German government to
make compensation for the damage sus-
tained by the American citizens concerned
It is not disputed by { American gov
ernment that according to the general
principles of international law belliger-
ent Is authorized in sinking neutral YES
sells under almost any condition for carry
ing contraba As is ell known, these
principles were laid down in article 4s and
80 of the declaration OF London. and were
recognized at that time by the duly en-
powered delegates of all the nations which
participated in the conference, including
the American delegates, to be declarattve
of existing international law (see~ pre-
iminary clauses of the declaration of
London: moreover, at the beginning Of
! the present war the American governn ent
proposed to the belllserent nations to
ratify the declaration OF London and give
its provisions formal validity also.
Sinking of the Frye Justified.
The German government has already
explained in its note of April last for
what reasons 1t considers that the con-
ditons justifying the sinking under inter
national law were present in the case OF
the william P. Frye. The cargo con-
sisted of conditional contraband, the
destination of which for the hostile armed
forces was to be presumed under the
circumstances; no proof to overcome this
presumption has been furnished.
Continued on Page 2.