New Britain herald., 1915-06-10
GERMANY SENDS REPLY TO
 ! AMERICAN NOTE ON SINKING ' OF SAILING SHIP w. P. FRYE
Claims Right to Destroy Any American Yes .sel Carrying Contraband, While Agreeing
 to Pay Damages for the Act
REFLECTS TWO POINTS MADE BY UNITED STATES GOVERNMENT

UNITED Erect of Answer Would Be to Throw Into Prize Courts for Decision Al Cases of Whether Destruction o1 American Craft Constituted Ex. trerne Case of Military Neces- sity.
 sssAyashington. June 1o.G ermany' latest note to the United States on the sinking of th4 American sailing sship William F. Ifye by the Prinz Efesi Friedrich. received here today, makes the far-reaching claim of a kIight to destroy any American vessel Earrying cOntraband, while agreeing to pay damages for the act.s
 &EWo points made by the United BStates are rejected by Germany. One Was the statement of the American g0 ernment in it's note of April 28 that SprIze court proceedings meant unnec- my delay, all matters concerned be- ing susceptible of prompt settlement through diplomatic channels, and the 30ther. was that the destruction of tho Frye was "unquestionably a violation 0f the obligations imposed upon the imperial government under existing ttEeaty stipulations between the United kStaLeA and Prussia.
 Prussian- American Treaty.
 Under the Prussian American treaty sM 1928, the binding force of which /6s admitted by Germany in it's note pril the right of citizens of, kither country to ship arms and am-, ef5unition as we'll as all other kinds of RGontra band in their own vessels was |Granted in time of war, but each party khaE the right to detain such contra bahd and make payment for it if con- lseated. x 81 se .3 The note from Germany today en- 4f6es upon the treaty Of 1928 by iaifning that while the treaty did not pecificaI1y permit the destruction Of le ship, Ileverthe if it's contraband Qufd not be stopped.sin any other way ESIld .sIn the extreme case be af-7 ected by the destruction of the con-i faband and Of the ship carving 1t. ]"
 Throw Into Prize Courts. x The effect of Germany'si answer to-i fl3 if it's assertions are accepted by eAe United States would be to throw nB the prize courts for decision all HIS of whether destruction of an lH ieans vessel constituted an ex- I&Aae Rase of military necessity
 AAternational law. outside of treaty tlpulatfons, had contained many a 1o9t case on that point. While Athe Narration of London established fin- ay that in case of military neces-, M ship whose cargo was moro I'd half contraband could be de- tfoyed after passengers and crew SrSfenloved to place of safety, the eclaration was not ratified by the knited States express notice having teen given by the American govern hent to Germany in the note of April
 that the declaration was not re- afded as in force.
 Text of Reply.
 Foreign office, Berlin N. E June ', 1915 "Tffe undersigned has the honor make the following reply to the lote of His Excellency, MT. James W. erard, Ambassador of the United Hates of America, dated April 90, 9 15,s foreign office number 3291, on 7e subject of the sinking of the Amer 9an Sailing vessel William F.. Frye
 the German auxiliary cruiser inz Eitel Friedrich.
 YThe German government cannot 1mit that, as the American govern lert assumes the destruction of the fling vessel mentioned constitutes Violation of the treaties concluded etpASen Prussia and the United States am earlier. date and now applicable the Relations between the German mpire and the United States, or the American rights derived there oll. For these treaties did not have intention of depriving one of the Extracting parties engaged in war
 the right of stopping the supply contraband to his enemy when he ceg0izes the supply of such as de- mental to his military interests.
 flight to Dctain Contraband.
 Non the contrary article 13, of the fussian-American treaty of July II, f89, expressly reserves to the party war the right to stop the carrying co11traband and to detain the con 6bands It follows, then. that if 1t {nhot be accomplished in any other g the stopping of the supply may in e ektreme case be affected by the structfon of the contraband and of ship carrying it.. As a matter of surse, the obligation of the party war to pay compensation to the fties interested, of the neutral Extracting party remains in force b1atever be the manner of stopping ke supply.
 fAccordfng to General principles of