The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-24
Dumbs GETS No safe Conduct IntiI
Austria Answers Z. =.
WASHINGTON. Sept. e3-Ambassddor
u. S. GAINS MORE POINTS
IN u BOAT CONTROVERSY
Berlin in New Frye Note Says No American Cargo Ships
Will Be Sunk Unless They Garry
Absolute Contraband.

W.sHINGToN. sept % Assurances
that German submarines viii not under
any circumstances sink American YES
sells carrying conditional contraband
are contained in note from the Ger
man Government made public at the
State department to-day.
This communication is a reply to the
last note OF the United states Govern
ment regarding the case OF the Amer
lean schooner William T.. Frye. which
was sunk by German auxiliary
cruiser. The partial acceptance by
Germany Of the position of the United
states with regard to the issues in
volved IN the Frye case and the SUBJ
marine controversy generally is re-
garled as affording basis for further
negotiation.
Though the German note has not
been eNhaustivcly considered by ori-
cials OF the Department there is a dis
position to regard the concessions made
therein as oC less real substance than
had been hoped for. 1t is believed. how
ever. that they viii serve as the basis
for the submission Of further proposals
by the United States which may lead
to Germany taking position COM
pletely satisfactory TO this Government.
The Insatisfactory Feature.
Where the Gcrmi n note fails 10 SAX
lsCy the position OF the United States
is Germany's assertion OF her intention
to continue to sink American vessels
CARRYING absolute coutraband II c!rCum-
stances do not permit -the taking OF
such vessels into port.
AZ the helligerents have made so
many articles absolute contraband that
there is practically no conditional con-
traband any more officials here are in
clined to believe that the German reser-
walton as to absolute contraDand car
goes destroys most of such value as
the concession regarding conditional
contraband would otherwise have.
The chief result from this cnnces-
sion, as the German position is viewed
here. is that AT least German sub
marines are row pledged to exercise the
right of visit and search with regard
TO American vessels. This Is one OF the
principles for which the United States
has been contending,
II has been pointed out that no Ger
man submarine commander can know
whether to treat "A cargo as conditional
or absolute contraband until he has
visited and searched. Consequently, il
il not considered that there can be any
further danger of unwarned attacks Of
submarines ON American vessels
Text of the Note.
The text of the Frye note is az
follows;
BERLIN, Sept. 10, 1915
With regard to the ascertainment
of the damage by experts the German
Government believes that IL should
dispense with the nomination OF an
umpire. In the cases Of the ascer-
tainment OF damages hitherto ar
ranged between the German Govern
ment and neutral Government from
similar causes. experts named by
the two parties have always
reached an agreement as to the
amount of the damage without diff
hculty should II not be possible. how
ever, to reach an agreement on some
! point. II could probably be settled by
, diplomatic negotiations,
| Assuming that the American Gov
| ernment agrees to this. the German
| Government names as its expert. DIR.
| Kepny Of Bremen, director of the
North German Lloyd IL begs to await
! the designation OF the American en-
pert.
The German Government .-es
| that IL agrees to the proposal OF the
American Government to separate the
question of indemnity from the Ques-
tion OF the Interpretation of the Prus-
sian American treaties OF 1885, 1899
and 1898.
It therefore again expressly states
that In making payment 1t does not
acknowledge the violation OF the treaty