The Birmingham age-herald., 1915-03-14
Germany Not Expected to Raise Issue Over Rigk < of Passage of Condjt' Q E COntraband
BERNSTORFF SENDS A FULL REPORT OF
 AFFAIR TO GERMANY
Captain of Cruiser Relieved
 of Responsibility for Ac- tion, But Question of Preparation Not Affected

Washington, March 13.-Germany probably will repudiate the action of the captain of the Prinz Eitel Fried rich in sinking the American ship Will liam F. Frye and make reparation for the loss of the vessel and cargo, in the opinion of German officials here.
 Inasmuch as the United States and Germany are in accord on the question of shipping foodstuffs from neutral country to civilians in belligerent terri tory no issue Is expected to be raised by Germany over the right of the cargo to be sent to its destination without in- terruption.
 Count Von Bernstorff. the German am- | bassador, after visit to the state de- partment today, indicated that he believed the case would be settled without much difficulty. He told Counsellor Lansing what the captain of the Prinz Eitel had told Captain Boy-Ed, naval attache of the German embassy, as to the sinking of the American ship; but the ambas- sador reserved his own opinion on the action of the commander, saying he had no instructions from his government
 Captain Thierichens of the Prinz Eitel informed Captain Boy-Ed that his only guide while at sea and for many months out of communication with his govern ment, was the declaration of London. This would permit the destruction of neutral prize if carrying a cargo more than half Of which could be proved to be contraband, provided 1t was impossible 1 to take the vessel to a home port with out endansering the captor warship. Since the vars outbreak Germany has defined it's views on shipments of conoi- 1 tiOual coietfaband and contended that foodstuffs must be proved without any doubt to be bound actually to the beilig- erent forces of an enemy before they can | be seized.
 Sends Out Report The German ambassador sent full re- port to his government of the story of the German captain and the reasons for the latter's action.
 From the fact that Count Bernstorff had presented to the state department Captain Thierichens' side of the case, the inference was general earlier in the day that the ambassador had defended the commander. Later it developed that the ambassador himself had expressed no views on the subject to the state de- partment
 
 his report to his government the ambas- sador pointed out that while the captain acted as best he could under the cir cumstances. being ignorant of the status of the eontraband situation, this would be an important factor in relieving the commander from personal liability. but would not affect the necessity for the payment of damages and the making of reparation by the German government. w. D. Sewall, of Bath, Me-, owner of the Frye, and Capt. H H. Kiehne, it's skipper. conferred at length with off cials of the treasury and state depart ments. The captain gave in detail his story of the sinking of the rrye and he turned over to the American govern ment copies of the papers of his ship. The German captain withheld the orig
 nals in accord with his rights under in- ternational law, state department off, cials said. Captain Kiehne left tonight for his home in Baltimore.
 Counsellor Lansing said nothing had been brought to his attention which had not already been disclosed in press re- ports. Captain I<iehne had denied the story of an attempt to ram his vessel MT. Lansing said, and had added that the Eftel Friedrich came north on a course far out to sea and turned que west into Newport News because of a lack of provisions and the need for re- pairs
 Question of Damages
 The question of damages was discussed briefly between the owner of the Frye and state department officials, who in dicated that if the sinking of the Frye was proved to be an aggravated case. punitive damages in addition to the value of the ship and cargo might be asked. They pointed out that England paid 20 per cent punitive damages in the famous Alabama case during the civil war. but added that final decision in the pres ent case had not been reached.
 State department officials said the next etep would be the drafting of formal claim. which could not be completed until definite information had been received from owners of the cargo. As yet the department knows very little of the con- signees or persons to whom the cargo was said to have been sold, while en route and conditions of sale. As soon as that data is obtained the case will De ready for presentation to Germany. It was believed likely by some officials, however. that some word would be re- ceived before that from the German for eign office offering voluntary settlement of the case.
 Although navy department officials had under consideration the time to be given the Prinz Eitel for repairs. no announce ment was made. At the state depart ment 1t was said all neutrality phases of the case had practically been dis posed of
 The report that Germans taken off the American ship Frye had been held by the commander of the Prinz Eitel for further military service was brought to the attention of Counsellor Lansing. who said the state department had been fn- formed that the men were German sub jects and had voluntarily enlisted in the commerce destroyer's crew.
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