Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-04-09
GERMANY WILL
PAY FOR FRYE
AND IT'S CARGO
tcOn,lnued from Pare onel

CONTINUED from Page one)
the declaration of London. 3 and SO Of
the German prize ordinance and to b
treated as contraband pending proof OF
the contrary.
This proof was certainly not capable
Of bring adduced at the time OF the visit
ing OF the vessel since the cargo papers
read to order. This, however. Furnished
the conditions under which pursuant to
article % OF the declaration OF London
and article 1lS Of the German prize ordi-
nance the sinking OF the ship was per-
missible since Il was not possible for the
auxiliary cruiser 70 take the prize into a
German port without involving danger
to its own security or the success OF its
operation.
Duties Fulfilled.
The duties devoiving upon the cruiser
before destruction of the ship pursuant
to article 50 of the declaration of London
and article 1116 OF the German prize
ordinance were fulfilled by the cruiser
In that II took on board all the persons
found on the sailing vessel as well as the
ships papers.
THE legality OF the measures taken by
the German commander is Furthermore
subject to examination by the German
prize court pursuant to article 81 OF the
declaration OF London and section 1. No
IL of the German code OF prize procedure
These prize proceedings will be instituted
before the prize court at Hamburg at
soon as the ships papers are received
and will comprise the settlement of dues-
ton whether the destruction of the
cargo and the ship was necessary within
the meaning Of article 10 of the declarar
ton Of London; whether the property
sunk was liable to capture and whether
or to what extent indemnity Is to be
awarded the owners.
Could Cite Proof.
'In the trial the owners OF ship and
cargo would be at liberty pursuant Il
article a. paragraph of the declaration
of London, to adduce proof that the cargo
Of wheat had an innocent destination
and did not therefore have the character
OF contraband.o If such proof Is not ad
duced, the German government would no
be liable for any compensation whatever
according to the general principles OF In
ternational law.
However. the legal situation Is some
what different in the light of the specia
stipulation applicable to the relations be
tween Germany and the United State
since article 1S Of the Prussian-AmericaI
treaty of friendship and commerce Of Jul!
III, 1870, taken in connection with articl'
10 Of the Prussian- American treaty o
commerce and navigation Of May !, 1875
provides that contraband belonging to tn
subject or citizens OF either party canno
be confiscated by the other in any case
but only detained or used In consideration
of payment of the full. value Of the same
Would Receive Indemnity.
ION the ground of this treaty stipula
ton, which is as a matter Of course bind
Ing on the German prize court, the Ameri
can owners Of ship and cargo would re
ceive compensation even II the cour
should declare the cargo OF wheat to b
contraband. Nevertheless the approach
ing prize proceedings are not rendere
superfluous since the complete prize cour
must examine into the legality of &h
capture. and destruction and also pro
nounce upon the standing OF the claim
ants and the amount Of indemnity.
The undersigned begs to suggest the
the ambassador bring the above to til
attention Of his government. and avail
himself, etc. (Signed) JAGOW.
april l. 1915"