Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-03-12

Request concerning wireless re-
ceived. Acted accordingly. Am await
ing for Newport News shipbuilding
Company's statement about probable
time needed for necessary repairs;
Shall inform you as soon as possible
r. ]. Gauntlet, representing the
shipbuilding company, asked Secretary
Daniels in person whether the Navy
Department had any objection to the
docking of the Prinz Eitel. Mr.. Daniels
said he did not object The ship was
locked almost within stone throw of
the battleship Pennsylvania, to be
launched next week.
Status of Cruiser Here.
II the Prinz Eitel decides to intern
officers and crew will be informed.
At the State Department, 1t is said.
whatever action taken as a result of
the sinking of the Frye will be entirely
disassociated from questions arising
out of the entry into an American port
'of the Prinz Eitel desiring time for
repairs. The vessel could, therefore.
depart. leaving the questions raised by
the destruction of the American ship
to be settled through diplomatic chan
nels.
Law Precedents.
Examination of presidents in inter
national law, revealed to State De-
partment officials that irrespective Of
the provisions of the declaration of
London. the status of which is uncer-
tain because 1t was not generally rati-
fed, the general rules of maritime prac-
tice have prohibited the destruction of
a neutral vessel under the ctrcum-
stances in which the Frye was found
in the south Atlantic by the Prinz
Eitel
Many arguments have been urged
from time to time against the destruc-
ton of neutral vessels. and when in
doubt American naval commanders
have been cautioned always to dismiss
the vessel Before destruction In any
case the crew. passengers and papers
must be taken from the neutral YES
sci on board the belligerent ship
These are then Immediately subject.
says one of the authorized publications
of the United States Naval War Col
Iese. ito all the dangers of war to
which a war vessel of a belllgerent is
subject. Such a position may be an
undue hardship for those who have not
been engaged in the war, and one TO
which they should not be exopsed,
United States Citizens in Peril.
1t was said in official quarters that
the fact that American citizens by their
enforced presence on board German
cruiser for more than a month had
been subjected to unnecessary risks
which might have involved serious dan
gers to them, and that this probably
would he one of the points in the cor
which is certain to develop
between the United States and Ger
many over the incident.
That the Frye was carrying wheat
and no other kind of cargo has been
established in official reports. The Ger
man commander claims that as the
wheat was consigned ito order and
bound for England it therefore could
be presumed to be contraband
The fact that the cargo was sold
while in transit to British firm would
not, in the opinion of officials, alter
the necessity in case of capture for
bringing the cargo into port for adj
Indication. especially since Germany
has recently expressed its views on the
subject of foodstuffs and conditional
aboard neutral vessels.
Position of United States.
The United States government has
repeatedly maintained that the de-
struction Of a neutral vessel in mari
time war Is not justified alone by the
presence of contraband aboard, al
though the character of the cargo. that
is, II confessedly contraband, such as
arms and ammunition. would be con-
trolling factor in deciding the case.
Moreover. the German government
has given assurances that it would not
detain foodstuffs destined to the civ
ilian population of an enemy.
As there is no proof available on the
high seas that the cargo would be used
by the belligerent forces of any enemy,
9YYfhnri.ipq a
countries claim such questions should
be settled in prize courts and not
Quarterback courts"
Although there is no definite set of
rules governing the destruction of
neutral vessels carrying contraband.
the naval codes of the principal pow
ers caution their commanders not to
destroy neutral vessel unless carry
ing cargo. obviously contraband. such
as arms and ammunition and certain of
condemnation and then only in case re-
capture by the enemy is imminent, or
when II is impossible. through lack OF
a home port. This practice has been
adopted as a part of the United States
naval code.
Naval Codes.
The Russian instructions to naval
commanders during the Russian-Japa-
nese war after the destruction of some
neutral vessels had caused stir among
neutrals were announced as follows:
Russian vessels are not to sink neu-
trail merchantmen with contraband on
board IN the future. except in case of
dire necessity. but In cases of emer-
gency to send prizes into neutral ports"
The Japanese regulations were of the
same character, but the British Manual
of Naval Prize Law declares that "if
he nd n a
prize crew to navigate the vessel to
port of adjudication. the commander
should release the vessel and cargo
without ransom unless there is clear
proof that the vessel belongs to the en-
envy the commander should remove her
crew and papers. and If possible. her
cargo. and then destroy the vess L."
The American naval rules provide for
the destruction of an enemy ship after
taking off crew and passengers. but
the latest opinion of the United States
Naval War College adds:
IF seized neutral vessel cannot
ha iyfn