The Washington times., 1915-09-23
Berlin CONC|L|ATORY'
IN FRYE ANSWER
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Continued from First Pase.)
suoy "estels which carry absolute con-
trabarsi On the other hand. under the
orders "hich Berlin SAYS nave been Is
sued. AR law Of visit lni search 3f
Amercar merchantmen must be car
ried out.
1t is sisnincanet chat IN this note
germany Sy indicates intent to observe tho
auMerence an,,,, between conditional ana abb
On the other hand, the recent English
prize court decision In the packers
case practically wipe, out that dis
The text Of the note follows:
Names Its Umpire.
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 18th ultimo on the sub
ject Of the claim for reparat on for the
sinking Of the American merchantmen
William p. Frye:
with regard first to the ascertain
ment Of the damage by experts the Ger
man government believs that II should
dispnse with the nomination Of an UNI
pire: In the cases Of the ascertainment
OF damages hitherto arranged between
tn German government and the neutral
government from similar causes the ex-
perts named by the two parties have
always reached an agreement os to the
amount of the damage WITH d'fh-
eultyi should It not be possibl', however
70 reach an agreement on SC point
1t could probably be settled by diplo-
Assuming that tn American govern
ment agrees to this the German gov
ernment names as its expert Doctor
kepny, Of Bremen. director OF the
the designation Of the American expert.
Acknowledges No Violation.
The German government declares
that 1t agrees to the proposal Of the
American Government to separate the
question Of indemnity from the question
Of the Interpretation of the Prussian-
American treaties Of 17s5. 1899. and 1928.
1t. therefore. again expressly states that
In making payment It does not acknowl-
tended by the American side but It will
admit that the settlement OF the ques-
ton OF indemnity does not prejudice
the arrangement Of the differences Of
opinion concerning the Interpretation OF
the eeaty rights. and that this dispute
Is left to be decided by The Hague
tribunal Of arbitration.
The negotiations relative to the sign
ing Of the compromise provided by arti-
Cie % OI, ne hague con-
vention would best be conducted be-
tween the foreign office and the Ameri-
can embassy at Berlin In view OF the
difficulties In the way OF instructing
the imperial ambassador at Washing
ton. In case the American Government
agree, the foreign office Is prepared to
submit to the embassy a draft Of such
compromise.
The American Governments inquiry
whether the German Government will
govern its naval operations In accord
ance with the German o rthe American
Interpretation Of the treaty stipulations
in question. pending the arbitral pro-
ceedinRs has been carefully considered
by German government From the
standpoint Of law and equity II Is not
prevented in it's opinion from the pro-
ceeding against American. ships carry
ing contra band according to its inter
pretation until the question Is settled
by arbitration.
Possible Disadvantages.
For the German government does not
need to depart from the application OF
generally recognized rules OF tn. law Of
maritime war. as the declaration Of
London unless and In so far as an ex-
ception based on treaty Is established
beyond all doubt; In the case 'f the
present difference Of opinion between
the German and the American govern
nents such an exception could not lie
taken to be esta blished except on the
ground OF the arbitral award.
Moreover. the disadvantages to Ger
many which would ensue from the
American Interpretation Of the treaty
stipulations would be so much greater
as to be out Of proportion to those
which the German Interpretation would
entail for the United States. For
whereas the American interpreted tion
would materially impede Germany In
her conduct Of warfare. hardly any par
ticular disadvantage to American citi-
zens would result from the German in
terpretatton since they receive full repa-
ration for any property damage sus-
tained.
On Conditional Contraband.
Nevertheless. the German govern
inent. in order to furnish to the Ameri-
can Government evidence Of its con-
ciliatory attitude. has issued orders 10
the German naval forces not to DESTROY
american merchantmen which have
loaded conditional contraband oven
when the cor6iuons of international
law are nre3ert. but to permit them to
continue th"ir voyage unhindered If II
is not possible to take them into port
On the other hand. It must reserve 10
itself the right 70 destroy vessels carry
ing absolute c5ntrablnd wherever such
obstruction Is permissible ACCORDING 10
don. Vi Lon
The udersgned begs to suggest TINT
the amba sasdor bring the above To the
knowledge OF his Government. and
aValls himself Of the opportunity 10
renew etc Won JAGOW."