The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-04-13

THE CEIN!N GOVERNMENT a.
SJNIES LIABILITY.
Requires, However, That Ownership
of Vessel and Cargo Re ESt&0-
lished by Prize Court.

lished by Prize Court.
Washington, April S.-Germeny's III
tention to compensate tie owners of
the American snip, William P. FRYE,
sunk on the high seas with er cargo
of wheat by the commerce raider Prinz
lEitel Friedrich, was communicated
formally to the United States govern
ment today
Ambassador Gerard cabled note
handed Tim by the Berlin foreign OF
fee in reply to the recent American
communication submitting an indem-
nifty claim for $22S,O59.54 on bel alf Of
the Frye's owners. The foreign office
upholds the legality under interna-
tional law o. the raiders action iii
sinking the Frye and bases the liabi.-
i:v OF The German government TO pay
indemnity solely on the old Prussian-
American treaties OF 1893 and 1925.
witch provide that contraband belong
ine to = subjects Or citizens OF either
party can not be confscated by
the other and may be detained or used
only in consideration of payment Of
the full value.
Must Be Compensated.
In view of this situation, the note
says, the American owners must be
compensated for their losses. 1t is
pointed out, Lowever, that the case
mast go into a prize court that Ques-
tons of ownership, cargo and destina-
ton may he established formally.
The German position is that the
Fryes careo O.. wneat was contraband
because it WIS consigned "for orders"
to Queenstown, which is declared to
be a fortified pert OF Great Britain. No
notice is taken of the fact that, since
the w1eat vas sod Ell route to Brit
ish citizens. tie United States filed
claim for the vessel only.
Officials here were somewhat sur
Drised al the nature Of tne German
note, because of the bearing it may
have N Negotiations between Was.
ingtGn ava Lcld,H t'er the allies
blockade of Germany and Austria. The
United states has insisted that upon
the Le!l;:, :,crent seiZing a cargo con-
signed TO order" rested the burden of
Proc. that the goods were destinel for
armed forces of an enemy.
Text of Note.
The German note was dated April
4, one day after Ambassador Gerard
presented Il e request for indemnity,
and reads as follows:
"The undersigned has tie honor to
make reply to the note Of his Excel
lency, Mr.. James iWI Gerard, ambas-
sador of the United States OF America,
dated the 3rd instant, relative to claims
for damages for the sinking of tAe
American merchant vessel William P.
Frye by the German auxiliary cruiser
Prinz Eitel Friederid-.
According to the reports which have
reached the German government the
commander of the Prinz Eitel Fried
ricn stopped the William P, Frye on
the high seas January 27, 1915, and
searched her. He found on board
cargo of wheat consigned to Queens
town, Falmouth or Plymouth to order
After he had first tried to remove the
cargo from the William P. Frye ne
took tie ships papers and her crew on
board and sank the ship.
at results from ulese facts that the
German commander actedquite in ac-
cordance with the principles Of inter
national law as laid down in the Dec
laration of London and the German
prize ordinance. The ports of Queens
town, Falmouth and Plymouth, wi1eth-
er the ship visited was bound, are
strongly fortified English coast places,
which moreover serve as bases for the
British naval forces. TIE cargo of
wheat, being food or foodstufs, was
conditional contraband within tie
meaning OF article "a, No. 1, of the dec
laration of London and article %, NO.
/, of the German prize ordinance, and
was therefore to be considered as des-
tined for the armed forces Of the enc
my pursuant to articles 33 and "a OF
the declaration of London, and artl-
cles 80 and 81 of the German prize
ordinance, and to be treated as contra
band pending proof OF tie contrary,
Could Not Be Done at Time.
''Tnis proof was certainly not capa-
b1o of baino odd11red at the time OF