Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-11
GERMANY AFF|RMS
RIGHT TO DESTROY
In Note on Case of the Frye Re
jects Argument Advanced
by United States.
AGREES TO PAY FOR LOSSES
Considered Certain That Ameri-
can Government Will Not Ac-
quiesce in New Interpretation.

WASHINGTON. June 1o.-Germany,
in a note on the case of the William P.
Frye, an American ship sunk by the
Prinz Eitel Friedrich. has informed the
United States that IL interprets the
Prussian American treaty of 1925 to
mean that American vessels carrying
contraband can be destroyed.
Payment is promised for the destruo-
tion. but the right to destroy is as
serted as a logical incident in the Ian
guage Of the treaty.
In reiterating that she is ready to
pay damages for losses to American
citizens occasioned by the sinking of
the Frye, Germany insists that prize
court first must pass on the case. The
argument advanced by the United
States that a prize court is unneces-
sary. since compensation is promised
whenever there is treaty violation is
rejected. The liability for the sinking
OF the Frye Is still admitted. but Ger
many contends the case was not "a
violation" of the treaty.
II is considered certain the American
government will not acquiesce in the
new Interpretation given the treaty
by Germany. Under the general prin-
cples Of international law. the right
to destroy a prize is granted only in
extreme military necessity, when the
cargo is certain of condemnation. and
officials here contend that the German
commander who examined the papers
OF the Frye did not have indubitable
evidence concerning the character of
the cargo
THE TREATY OF 1925
The note from Germany to-day en-
larecs upon the treaty Of 1925 by
claiming that, while the treaty did not
specifically permit the destruction of
a ship. nevertheless, If contraband
could not be stopped in any other way,
IL could, I'm the extreme case. be ef-
fected by the destruction of the con-
traband and of the ship carrying it,"
The effect of Germany's answer to-
day. II its assertions are accepted by
the United States, would be TO throw,
into the prize courts for decision all
cases OF whether destruction Of an
American vessel constituted an extreme
case of military necessity.
international law, outside Of treaty.
stipulations. has contained many moot
cases on that point While the Dccla-
ration of London established finally
that in case of military necessity a
ship whose cargo was more than half
contraband could be destroyed after
passengers and crew were removed to
place OF safety. the declara ton was
not ratified by the United States. ex-
press notice having been given again
by the American government to Ger
many In the note OF April 2s that the
declaration was not regarded as in
force.
The obligation of a belligerent to
pay compensation remains, regardless
of the action of the prize court, the
note insists, and, should the prize court
fail TO award compensation. Germany
would undertake to arrange equitable
indemnity. AS precaution and n pre-
liminary procedure. Germany suggests
that the American claimants enter their
claims on record.
TEXT OF GERMAN
REPLY IN FRYE CASE
The text of the German reply fol-
lows:
Foreign Office.
Berlin. June z. 1915.
The undersigned has the honor to
make the following reply TO the note
of His Excellency, Mr.. James w.
Gerard. ambassador of the United
States of America, dated April 30. 1915,
Foreign Office number 3291 on the sub
ject of the sinking Of the American
sailing vessel William P Frye by the
German auxiliary cruiser Prinz Eitel
Friedrich.
The German government cannot ad-
nit that, as the American government
assumes. the destruction of tho sailing
vessel mentioned constitutes n viola
tion of the treaties concluded between
Prussia and the United States at an
earlier date. and now applicable to the
relations between the German empire
and the United States. or of the Ameri-
can rights derived therefrom. For
these treaties did not have the nten-
ton Of depriving one OF the contracting
parties engaged in war of the right
Of stopping the supply of contraband
to his enemy when he recognizes the
supply Of such as detrimental TO his
military interests
"On the contrary, article 13, of the
Prussian American treaty. of July. II,
1899. expressly reserves to the party
at war the right to stop the carrying
Of contraband and to detain the con-
trabnnd. 1t follows. then, that if it
cannot be accomplished in any other
way. the stopping of the supply may
in the extreme case be effected by the
destruction of the contraband and of
course. the obligation Of tho party at
war to pay compensation to the parties
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