Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-09
KaiSer'S Government Assumes
Liability for Destruction of
William P. Frye on the High
Seas,
PRIZE COURT TO DECIDE
QUESTION OF OWNERSHIP
AmiCabIe Adjustment of Deli
cate International Question
Is Reached Through DiDlo-
matte Channels.


Washington. April S.--The German
government has replied to the claim
of the state department for compensa-
tion for the sinking by the Prinz Eitel
Friedrich Of the American ship VIII
liam p. Frye, assuming liability not
only for destruction of the vessel, but
of the cargo, under the treaty of 1928.
Germany requires. however, that
the case shall be taken before a prize
court for the establishment of facts
concerning ownership Of the cargo
and the ship. To this the state de-
partment win assent.
The reply was handed by the for
eign office at Berlin to Ambassador
Gerard, who cabled it today to the
state department. 1t follows:
"The undersigned has the honor to
make reply to the note of his excel
leney, Mr.. James w. Gerard. ambassa-
dor of the United States. of America,
dated the third instant. foreign office
number twenty-eight ninety-two, rela-
tive to claims for damages for the
sinking of the American merchant
vessel William r. Frye by the German
auxiliary cruiser Prinz Eitel Fried
rich.
Observed International Law.
According to the reports which
have reached the German govern
ment, the commander of the Prinz
Eitel Friedrich stopped the William p.
Frye on the high seas, January "a
1915, and searched her. He found on
board a cargo of wheat consigned to
Queenstown. Falmouth or Plymouth
to order. After he had first tried to
remove the cargo Of the William T.
Frye, he took the ships papers and
her crew en- board and sank the ship.
at results from these facts that
the German commander acted quite in
accordance with the principle of in
ternational law laid down in the dec
laration of London and the German
prize ordinance. The ports OF Queens
town. Falmouth and Plymouth,
whittier the ship visited was bound
are strongly fortified English coast
places which moreover serve as bases
for the British naval forces. The
cargo of wheat being foodstuffs was
conditional contraband within the
meaning Of article "a, number one, of
the declaration of London, and arti-
Gle 23, number one, of the Germany
prize ordinance and was therefore to
be considered rs destined for the
dlIlcu luIteS Ol the tntlHS Pun
TO articles S3 and "a of the declara
tion Of London and articles 32 and S3
of the German prize ordinance and to
be treated as contraband pending
proof of the contrary.
Sinking Ship Permissible.
This proof was certainly not capa-
BILE of being adduced at the time of
the visiting Of the vessel, since the
cargo papers read to order. This pur-
pose furnished the conditions under !
which, pursuant to article 49 of the |
declaration of London, and article l13
Of the German prize ordinance, the |
sinking of the ship was permissible,
since 1t was not possible for the aux |
iliary cruiser to take the prize into a |
German port without involving danger |
TO its own security or the success OF /
its operations. The duties evolving on
the cruiser before the destruction OF /
the ship pursuant to article so of the /
declaration of London and article ll6 I
Of the German prize ordinance were /
fulfilled by the cruiser in that it TOOK
on board all the persons found on the
sailing vessel as well as the ships /
papers
The legality Of the measures taken-l
by the German commander is further
more subject to examination by the
terman prize court pursuant TO artl-
Gle 81 Of the declaration of London !
and section one, number two,' OF the
German code of prize procedure.
These proceedings will be instituted
before the prize court at Hamburg as
soon as the ships papers are received |
and viii comprise the settlement OF
the question whether the destruction
OF the cargo and the ship was neces-
sary within the meaning Of article 49
Of the declaration of London; whether
the property sunk was liable to cap
ture and, whether, or to what extent, |
indemnity is to be awarded the own
ers
Must Show Innocent Destination.
In the trial the owner of ship
and cargo would be at liberty. pursu-
ant to article 81, paragraph 3, 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 con-
lfaband. If such proof is not ad-
duced, the German government would
not be liable for any compensation
Whatever, according to the general
principles of international law.
However, the legal situation is
somewhat different in the light of the
special stipulations applicable to the
relations between Germany and the
United States since article thirteen OF
the Prussian-A American treaty Of
friendship and commerce of July IL,
IVY, taken in connection with article
WE'VE Of the Prussian- American trea-