Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1915-08-13
SEES NO
TREATY VIOLATION
German Government Offers to
Pay for Frye.
ARBITRATION IS SUGGESTION
Berlin Offers Indemnity Provided Pay
ment Is Not Acesptz.i as Repara-
tion for Nsoist;en of Ameri-
can Rights.

can Rights.
Washington, Aug. 5-The state de-
partment gave out the latest note Of
Germany in the case of the William
P. Frye, an American vessel sunk by
the German cruiser Prinz Eitel Fried
rich on January %.
The note rejects the contention of
the United States that in sinking the
William P. Frye, Germany violated the
treaty of 1799-1828.
1t insists that the treaty stipulations
merely oblige Germany to make CON-
pensation for the damage sustained by
American citizens in the sinking of
the vessel.
1t suggests that each government
designate an expert, who shall fix the
amount of indemnity for the vessel
and any American property which may
have beer sunk with her
If this plan of settlement is not sat
isfactory to the United States, Ger
many suggests that the entire ques-
tion of the application of the treaty be
submitted to The Hague.
Text of the Frye Note.
The text of the note of Germany
on the case of the William P. Frye is
as follows:
AMERICAN EMBASSY, Berlin, July
10, 1915.
Following note received:
Foreign Office, Berlin, July 80, 1915.
The undersigned has the honor to
inform his excellency, Mr.. James w.
Gerard, ambassador of the United
States of America, in reply to the
note of the 26th ultimo, Foreign Office
No. 1890, on the subject of the sink
Ing of the American merchant vessel
William P. Frye by the German
auxiliary cruiser Prince Eitel Fried
rich, that the points of view brought
out in the note have been carefully
examined by the imperial German gov
ernment. This examination has led
to the following conclusions:
| The government of the United
States believes it is incumbent upon
it to take the position that the treaty
rights to which America is entitle l.
as contained in Article II of the Prus
sian-American treaty of amity and
commerce of September 10, 1855, in
Article 13 of the Prussian-Ameri
can treaty of amity and com
merce of July IL, 1899. were vio
lated by the sinking of the William
P. Frye. 1t interprets these articles
as meaning that a merchantmen Of
the neutral contracting party carry
Ing contraband cannot in any circum
stances be destroyed by a warshil
of the belligerent contracting party
and that the sinking of the William
P. Frye was, therefore, in violation
of the treaty. even if her cargo should
have consisted of contraband, which
it leaves outside of the discussion.
The German government cannot &C
cept this view. 1t insists as hereto
fore, that the commander of the Ger
man auxiliary cruiser acted in tn
legal exercise Of the right of contro
of trade in contraband enjoyed b,
warships of belligerent nations, an,
that the treaty stipulations mentione,
merely oblige the German governmen
to make compensation for the damag
sustained by the American citizen
concerned.
The German government has 2
ready explained in its note of Apr
last for what reasons it consider
that the conditions justifying the sinl
ing under international law were pre-
ent in the case of the William P Fry,
The cargo consisted of conditional col
traband, the destination of which fe
the hostile armed forces was pr
sumed under the circumstances. N
proof to overcome this presumptio
has been furnished. More than ha
the cargo of the vessel was contr
band, so that the vessel was liable
confscation. The attempt to brir
the American vessel into Germa
port would have greatly imperiled tt
German vessel in the given situate
of the war, and at any rate practical
defeated the success of her furth,
operations. Thus the authority for tt
sinking of the vessel was given a
cording to general principles of inte
national law.
There only remains, then, to be e
amined the question how far the Pru
sian-American treaty stipulation
modify these principles of intern
tional law.
. In this connection Article II of Il
Treaty of 1885 provides that in Il
! event of war between one of the co
tracing parties with another powe
the free commerce and intercourse
the nationals of the party remainil
. neutral with the belligerent powe
t shall not be interrupted, but that,
/ the contrary, the vessel of the neutr
t party may navigate freely to and fro
: the ports of the belligerent powel
even neutralizing enemy goods
! board thereof However, this artie
merely formulates general rules
= the freedom of maritime intercour
: and leaves the question of contraba
s untouched.
S The plain intention of Article 13
/ to establish a reasonable compromi
between the military interests of
J.. Twilight Sleep for Monkey.
. Bridget is to be given the 'twilig