The Barre daily times. (Barre, Vt.) 1897-1959, 1915-04-09
Formal Promise Sent to Pay
for Sinking Of the U. S.
Schooner w. P. Frye
LEGALITY OF CLAIM
NOT QUESTIONED
Indemnity Demanded for
Owners of the Ship
Was $228,059.53

III washington, ~ ", ipIll 3--beIiHhHy
intention TO compensate the owners of
the American ship William p. Frye,
sunk ON the high seas with her cargo of
wheat by the commerce raider, Prinz
Eitel Friedrich, was formally communi-
Gated to the United States government
yesterday.
Amba ssador Gerard cabled note
handed him by the Berlin office in reply
TO the recent American communication
submitting claim for an indemnity OF
1928 06054 on behalf of the Frye's own
ers. The foreign office upholds without
qualification the legality under interna-
tonal law of the raiders action in sink
ing the Frye, and bases the liability of
the German government TO pay indem-
nifty solely upon the old Prussian- Amer
lean treaties of 1899 and 1928, which
provides that contraband belonging to
the subjects or citizens of either party
cannot be confscated by the other and
may he detained or used only in consid-
Grafton of payment of the full value.
| In view of this stipulation, the note
says, of course the American owners
must be compensated for their loss. II
is pointed out, however, that the case
OF necessity must 90 into a prize court,
in order that questions of ownership,
cargo destination, etc. may be formally
established.
The German position is that the Frye's
cargo of wheat was ontraband because
it was consigned "for orders" 10 Queens
town, which is declared TO be fortified
port of Great Britain. No notice is TAX
an of the fact that, since the wheat was
sold en- route TO British citizens the
United States filed claim for the YES
sci owners only, this question being
left for development in the prize court. |
Officials here were somewhat surprised |
at the nature of the German note, be-
cause OF the bearing il may have upon l
negotiations now in progress between 4
Washington and London over the virtual I
blockade OF Germany and Austria de-
clared by the allies. The United States 1
has insisted upon the belligerent seiz-
ing a cargo consigned "to order" rested /
the burden of proof that the goods were
destined for armed forces OF an enc
my.
The German Reply.
The reply was handed by the foreign
Office at Berlin to Ambassador Gerard,
who cabled il to-day TO the state depart
ment. IL follows;
"The undersigned has the honor 10
make reply TO the note his exccllcncy,
James w. Gerard, ambassador of the
United States of America, dated the ID
instant. foreign office No. 2s92, relative
TO claims for damages for the sinking of
the American merchant vessel William 7.
Frye by the German auxiliary cruiser
Prihz Eitel Friedrich.
According 20 the reports which have
reached the German government, the
Of the Prinz Eitel Friedrich
stopped the William p, Frye on the high
seas Jan. p, 1915, and searched her. He /,
found on board cargo Of wheat. con.
signed 20 Queenstown. Falmouth, or
10 order. After he had first ,
tried 20 remove the cargo from the
William p. Frye, he took the ships
papers and her crew on board and sank
the ship.
II EfruiAH ANNiA ANfHF Aa'AF AHhA AAtf
German commander acted quite in ae-
cordance with the principles Of interna-
tional law as laid down in the Dcclara-
tion Of London, and the German prize ,
ordinance. The ports Of Queenstown, !
Falmouth and Plymouth. whittier the ,
ship was bound. are strongly fortified Z
English coast places, which. moreover, '
serve as bases for the British naval I
forces. The cargo Of wheat. being food :
lr foodstuffs. was conditional contrahand :
within the meaning of article p. No. ]. :
u the Declaration of London. and article
p. No. D. Of the German prize ordinance. ?
md Ras. therefore. 90 b. considered - Z
destined for the armed forces Of the en- Z
INV. pursuant 20 articles - and "a ~ a
ne Declaration of London. and articles {
p and % nf the German prize ordinance.
md to be treated a. -Dutrshand pending Z
roof % the contrary. !.
This proof was certainly not capable =
Il being a8duced si the time of the visit :
ue - the ressei since the cargo papers 2
esd 10 order. This. however. furnished
ne condtions under which. pursuant b.
Irticle ~ of the Declaration q London
md srticle lls q the German Trizs ordi-
lancp. the sinking of the ship was pef-
nissiile. since 4 was not possible for the
uviIiarv ,asiisr - take the prize inta
.armau port uithout involving danger ts \,
= oun seuurif n the sBecHss a its up
rstigns. The duties upun the cruizsr
,sfare aestrrlrfiun of the ship faI-suant
. srfifle - ~ the DafiHrntiun nf Ian- s
an suf arf irle lls - the German prize 2
rdinnnrr. were fulfisd ~ the cruistr q
! that Z tasIk IN ts1ar8 nll thf Tsrsafs Z
& the sailing tesssl. ns vsH hs TIE strs 9
Eprrs.
iT1ss legality of the neasurr taken -
~ Gfrura. commander = furfhrTruure
nh5sst 20 exam imstiun - the eernan
rive fr~rt uur-usft % article 81 ~ 80.
i.s1arat frt ~ Irraur su1 sarfiun ] Na
~ tht gsrman rssae ~ F-iFnr r'rucsilrs ..
T-fsf rrixr proceedings ush - inst itat- y
4 Fssfo-r the rrirs cnurt zt HarntIrr1 81 =
nm ns fhs shir's farfrs srs reetirrd ard -
-iu Hrrr.r .rt-ansiss tte s,ttleruert eF uuae- -
.rsss whr-her fhr Haafrurfirn rf tha -
.rro ard tht stip vas naeHssarV uitiin D.,
ss rneHring q artiEit g. e ths DssiaFa- =