Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1915-10-01
U. S. GAINS POINT
GERMANY IN LATEST NOTE AS
sUREs SAFETY TO THOSE ON
AMERICAN SHIPS.
COMMANDERS GIVEN ORDERS
Right Of Wait and Search to Be Ex-
erclsed and No Ship With Condition
81 contraband VIII Be Torpedoed,
Says Message In Frye Case.

washington. Sept. 25.-Germany's |
latest note on the sinking OF the Amer
lean sailing ship William P. Frye, D b.
iished by the state department on
Thursday. discloses an important dip !
lomatic victory for the United States.
Germany accepts the proposal to fix
damages by commission and to let
The Hague pass upon disputed treaty
rights involved. She also gives assur-
nnces that no more American ships
carrying conditional contraband will
bo destroyed under any circum-
stances.
One thing seemed to officials certain
German naval commanders now are
ordered to exercise the rights of visit
and search with respect to all Ameri-
can ships to determine what cargo the
vessels carry. thus making It prac-
ltically sure that none will be attacked
without warning or ample time for
passengers and crew TO be transferred
frresDeetive OF the cargo.
TIE note follows IN part:
With regard first to the ascertain
fnent OF the damage by experts, the
oernen government believes that 1t
should dispense with the nomination
OF an umpire Assuming that the
American government agrees to this.
the German government names as It's
expert Doctor Kepny OF Bremen, d.
rector Of the North German Lloyds; 1t
Rcgs to await the designation Of the
american expert.
The German government declares
that II agrees to the proposal Of the
American government to separate the
question OF indemnity from the dues-
tion OF the Interpretation of the Prus-
sian-American treaties of 1885, 1893
and 1898.
1T therefore again expressly states
That IN making payment II does not
acknowledge the violation Of the treaty
Ne contended by. the American side,
but II will admit that the settlement
Il the question Of indemnity does not
prejudice the arrangement Of the diff
ferences OF opinion concerning the in
terpretation of the treaty rights, and
that this dispute Is left to be decided
by The Hague tribunal Of arbi-
tration.
The negotiations relative to the
Bigning OF the compromise provided by
article So OF The Hague arbitration
convention would best be conducted
between the foreign Office and the
American embassy at Berlin, in view
OF the difficulties in the way of in.
structing the imperial ambassador al
Washington.
From the standpoint OF law and
equity It (the German government) is
not prevented, In it's opinion. from
proceeding against American ships
carrying contraband, according to Its
Interpretation, until the question Il
settled by arbitration.
For the German government doei
not need to depart from the applica
tion OF generally recognized rules o
the law of maritime war. as the Dec
laration Of London. unless and in 81
far AZ an exception based on a treat,
IN established beyond doubt. In thu
case of the present difference OF opin
Son between the German and American
governments such an exception coul'
not be taken to be established excep
ON the ground of the arbitra
award.
Nevertheless the German govern
menf. IN order to furnish to the Amer
lean government evidence Of it's cor
ciiintory attitude, has issued orders {
the German naval forces not to d.
stroy American merchantmen whic
have loaded conditional contrabans
even when the conditions OF internl
tional law are present. but to perm
them to continue their voyage unhil
dsree n It is not possible to take the
in.c port"