Omaha daily bee., 1915-09-24

Continued from Page one.)
government believes that 1t should dis
pense with the nomination Of an umpire In
the cases OF the ascertainment of damages
hitherto arranged between the German
government and a neutral government
from similar causes, the experts named
by the two parties have always reached
an agreement as to the amount Of the
damage without difficulty; should It not
be possible, however. to reach an agree
ment on some point It could probably
be settled by diplomatic negotiations. AS
surfing that the American government
agrees to this. the German government
names as its experts DIR. Kepny Of
Bremen, director Of the North German
Lloyds; II begs 70 await the designation
Of the American expert.
Treaty Goes to The Hague.
THE German government declares that
It agrees to the proposal Of the Amer
lean government to separate the question
of indemnity from the question Of the
Interpretation OF the Prussian-American
treaties of 17S5. 1923 and 1898 II, there
fore. again expressly states that in max
ing payment It does not acknowledge the
violation of the treaty as contended by
the American side. but It will admit that
the settlement of the question of indem-
nifty does not prejudice arrangement Of
the differences Of opinion concerning the
Interpretation OF the treaty 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 article
fifty-two OF The Hague arbitration con-
vention would best DO conducted between
the foreign office and the American emf
bassy at Berlin In view of the Difficult
ties in the way OF instructing the imperial
American government agrees the foreign
office Is prepared to submit TO the en-
bassy a draft OF such a compromise
THE American governments inquiry
whether the German government will gov
ern its naval operations in accordance
with the German OF the American inter-
probation Of the treaty stipulations in
question. pending the arhitral proceedings.
has been carefully considered by the Ger
man government From the standpoint
OF law and equity 1t is not prevented. in
its opinion. from proceeding against
American ships carrying oontraband 40
oording TO its Interpretation until the
Future Conduct OF War.
For the German government does not
need to depart from the application OF
generally recognised rules Of the law Of
maritime war. as the Declaration OF Lon
don. unless and insofar az an exception
based on a treaty, IL established beyond
all doubt. In the case OF the present
difference OF opinion between the Ger
an exception could not be taken to be
established except on the ground Of the
arbitral award. Moreover. the disadvan-
tages to Germany which would ensue
from tho American Interpretation OF the
treaty stipulation would be 80 much
greater as to be out OF proportion to
those which the German Interpretation
would entail for the United States. For
whereas al the American Interpretation
would materially impede Germany In its
conduct OF warfare hardly II any par
ticulAr disadvantage 70 American citizens
would result from the German interpreta-
ton since they receive fun reparation for
any property damage sustained.
One Concession Made.
Nevertheless the German government
IN order 70 furnish 20 the American gov
eminent evidence OF its conciliatory atti-
tude, has issued orders to the German
naval forces not to destroy American
merchantmen which have loaded condI-
tional eontraband. even when the condi-
tions OF international law are present.
but to permit them to continue their
voyage unhindered II Il Is not possible
to take them into port.
''on the other hand. Il must reserve to
itself the right to destroy vessels carry
ing absolute eontraband wherever such
destruction Is permissible according to the
provisions OF the Declaration OF London .