Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-10
SINKING Of FREY
No VIOLATION Of
TREATY SAYS BERLIN
ALI | Questions \ Involved Should
Be Settled In Prize Court
Is Contention

Washington, june lO.--Germonv :,
S.I o,sts that the matter of indemnity on1 y"
Utner questions growing ont Of th, th,
Alnerlean ship William p. FIVE bv tWn' W
converted cruiser Prinz Eitel Fr;cd 10y t"'
should be settled by n prize conrt i00' iei
rms is clearly stated in n note pro,,,
the foreign office to Ambassadnr Gon iIoi
ara which was forwarded m W., W., Uur'
toh and received at the state do",is doma y
ment tolay. Germany declares U;Vp"i' '
not admit that destruction of ui ~ can
90, ana ITS cargo of wheat constitutes
violation of the treaty of l7go 'r'is +, Is
MADE evident that the imperial coyorn ~ nS
n'enF expects to pay indemnify for tba
loss loss OF the ship and cargo, buf il ;s Jo ,no
o,ared that the questions c,f tbo on,o,,,,. ue
VI indemnity. to whom il should Y'n, ha
paid, whether the cargo was TahIo 9o "
S!oHllscation and whether thc dcstr,o
lloh OF the ship was legal aro f',,"J w sn"h
nature that discussion az nr;,, ~ suen
taEon gaISv De De made before action can be
Full Text Of Note
foliowing is the text Of tho Gorm,n
noVe received today regarding tbo si',i LUZ"
Frye: sup "ll'lam ri
.TTDGlelgh office, Berlin, June z 1919 |
lhe undersigned aas the bonnr ' 10
ng maze i! the following reply to tb" % noto
OF ms excellency, James w Gerarl noeo
Dassador from the United stotos a"l
95Poi nP'i' oo' 1913. Foreign office nnmbcr
viii, VTGi On u The subject of sinking of tho
"llliam !o!m 7, Frye by the German n anvil M
'"t cruiser Prinz Eitel Friedrich
r.. Germany canot admit that. os tho
Uhlteu states assumes, the destrna,i"a
W 'he Frye constitutes n vioIat;on 90
In IHe treaties between Prussia anG tba
ttn GnIled states as applicable 10 tho roIa
'io"S between tho German enniro o"a
lnG United States or of Imou;l "nu
IIBhts derived taerefrom Eor u'nn .l,"n
lreaties did not have the infant, ,ncSS
lepflVlng one Of the controc,inn ,'"l ,','. VI
'"sasea .has IN war the right Of stopning
.he ,,h supply Of contraband TO his onomS rp,mS
rnun nn ne recognizes such supply as detri. !
zenith TO military interests On G,o
.iou,'ary, .in arllcle thirteen of tbo prns. ,
american treaty of Jnlv II t7oo zoo
APIeSsIy reserves to the poyiv ~, @,"y @
. stoP the carrying Of contrabond ""J @ I
etaln contraband. "'"'" anu @
u follows, then, that If tbis oon,.. Il
ra a'yonPHS"ed ,aa,! IN any other way ston. a
,"s mal ~ extreme cases be effected y
ueStrnctIon Of contraband opd tbn h
mp carving it, "' anu '"c II
n3 y, d inhtler Of course, the oblioatio,
the party at war to paw comnonsn ,iU u
on TO the parties interestod dr IJu m.
'utral contracting party remains iu il
'fee whatever be the manner of s,,m Sc
ng the supply. u stop "a
According to the general prircin,o. ii
international law, any eyor,isaP P'os n,
3ht Of control over trade IN ,,ap o,op o. ~ "
"u ,,.t IN Aupl9'l OF decision Of prize -,
u,,s, ,,.,, even though such right may hc w
'lrlcted by treaties. Wv may '' ag
AZ the beginning Of the prosor, ,,o, nb
fWahy pursuant to thesA nrinci,,I,. te
aDIIshed by law prize iurjsdic,ion o.. us
'es Of tno Kind under consiJera,iaUD' ,U' wl
q case OF the Frye is likewisa sIL
!" uefman prize jurisdiction Fa,
Pfus8lamAmerican froot;os W.
ned contain no stipulation NJ bon 'vr ~. --
olnt OF compensation proyideJ Ly an,
l%,I' % thirteen Of the treaty is 10 6c|o
Germany therefore. complio. win Wv
treaty obligations to the Nil ey,ant nm.
'h the pfl' courts, instituted 4, ma tio,
iahr' with international law pro. me-,
In pursuance of the treaty stinn. ran
ons and thus award the Amcriipon ciai G9
rests equitable indemnity Tbe,a n",, ,I
II' therefore, be no foundation fo, pyo,
claim of tnn United stotos nrI,Sa ,,,o,
puIa courts should not grant i,' .,
Hll{ in accordance with The trpaty Itbst
s1"h event, however. Germanv Lna. |1,
Id not hesitate to arrange eanitabis o~,i
mnIi' Notwithstanding. For The ~
pfIze court proceedings for tbe W.
are Indispensable, apart from tbo T.,
nran claims, for the reason tbat ,oy,
claims Of neutral and enemy in' s,...'
'rl partie' are to- be considered Jo,
I1 matter nor
As stated 10 the note Of Anil HlBD
Tho prize court should nave IN do gIs
questions Of whether the de,trnc. 'ia'il' ! i,i
OF the ship and cargo was legoI, 'eali
her, aud under what conditions lh
'foprriy sunk was liable 10 conG. SEQ ]
W 'o"''' paril