New Britain herald., 1915-08-05
GERMANY HOLDS IF HAS NOT
 VIOLATED TREATY WITH U. s.
Kaiser Willing to Pay Damages for Sinking of American Ship Frye But Not As "satisf action for
 Wrongs"

ing the amount of. their losses.
 Since the controversy over the Frye case arose there has been another case almost identical with it, which Is an added reason why the State Department is determined to make no I sacrifice in principle. The American steamship Leelanaw, carrying flax and tow from Russia to Ireland, was tor pedoed by German submarine off the scotch coast after opportunity has been given those on board to take to the ships boats
 In this case the United States will not only contend that the Germans had no right to sink the vessel even if she was carrying contra band. but also that flax and tow, though on the German contraband list, ought not to be so classified.
 1 Text of German Note. The text of the German note is as 1 follows:
 Ambassador Gerard to the secre- tary of State.
 American Embassy, Berlin. July 30. 1915 Following note received; Foreign Office,
 Berlin. July 30, 1915.
 
 inform his Excellency MT. James w Gerard, Ambassador. of the United States of America, in reply to the note of the 26th ultimo, Foreign once No. S990. on the subject of the sinking of the American merchant weasel VIII liam F. Frye by the German auxl- iary cruiser Prinz Eitel Friedrich, that the points of view brought out in the note have been carefully ex- amined by the Imperial German Gov- ernment. This examination has led to the following conclusions:
 Cites stand of U. S.
 The Government of the United States believes that it is incumbent upon it to take the position that the treaty rights to which America is en- titled as contained in article 12 of the fPrussian- American treaty of an- ity and commerce of September 10, 17SS, in article IS of the Prussian- American treaty of alnity and com merce of July II, 1799, were violat-. ed by the sinking -pf the William P. Frye
 Tt interprets these articles as meaning that a merchantmen of the neutral contracting party carrying contraband cannot in any circurn- stances be destroyed by warship of the belligerent contracting party and that the sinking of the William F. Frye was, therefore, in violation of the treaty, even if her cargo should have consisted of contraband, which 1t leaves outside of the discussion.
 The German Government cannot | accept this view. It insists as here tofore, that the Commander of the l German auxiliary cruiser acted in the l legal exercise of the right of control l of trade in contraband enjoyed by that the treaty stipulations mentioned merely oblige the German Govern ment to make compensation for the damage sustained by the American citizens concerned.
 Tt is not disputed by the Amer ican' Government that according to the general principles of international law belligerent is authorized in sink ing neutral vessels under almost any condition, for carrying contraband.
 Recognized by U. S.
 "As it we'll known, these principles were laid down in articles 49 and 50 of the Declaration of London, and were recognized at that time by the duly empowered delegates of all the nations which anticipated in the con- ference, including the American dele- gates, to be declarative of existing international law (see preliminary clause of the Declaration of London); moreover, at the beginning of the present war the American Govern ment proposed to the belligerent na- tions to ratify the Declaration of London and give it's provisions formal validity also.
 The German government has al- ready explained in it's note of April last for what reasons 1t considers that the conditions justifying the sinking under international law were present in the case of the William F. Frye The cargo consisted of conditional. contraband. the destination of which for the hostile armed forces was to be presumed under the circumstances; no proof to overcome this presump- ton nas been furnished.
 More than half the cargo of the vessel was contraband, so that the vessel was liable to confiscation. The attempt to bring the American vessel into German port would have great 1y imperilled the German vessel ,n the given situation of the war. and at any rate practically defeated the suc- cess of her further operations. Thus the authority for sinking the vessel was given according to general prin-