Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-09-23
GERMANY YIELDS
IN CONTROVERSY
ON FRYE SINKING
Agrees Not to Attack Ameri-
can Ships Carrying Condi-
tional Contraband.

have loaded conditional contraband,
even when the conditions of inter
national law are present, but to per-
NIT them to continue their voyage
unhindered. IL 1t Is not possible to
take them into port"
Germany gave this assurance "in
order to furnish to the American gov
ernment evidence of its conciliatory
attitude" while the question of inter
preting the treaty of 1928 is submitted
to arbitration. The American sug-
gestion for the naming of experts to
fix the indemnity for sinking the Frye
is accepted
As for absolute contraband, such
as arms and ammunition, Germany
states in its note that at must re-
serve to itself the right to destroy
vessels carrying absolute contraband
wherever such destruction is per-
missible according to the provisions
of the Declaration of London"
Means Friendlier Spirit.
The German note is regarded by Of
flcials as evidenciug a more friendly
spirit on the part of the German for
eign Office. Following months of
strained relations between the two
countries, it was received as a very
favorable development.
1t practically insures American yes
sells against attack without warning,
and even in the event that they are
carrying absolute contraband. pas
sengers and crew are bound, accord
| Ing to the declaration of London, to
be removed before there Is any de-
| structIon, which also can occur only
| In the event of extreme necessity.
Considered with reference to the en-
tire controversy between Germany
and the United States, the Frye Hots
Is regarded as an indication that the
| Berlin foreign office is anxious to
avert a break with the Washington
government. This increased today the
| interest in Germany's attitude toward
the negotiations over the Arabic.
The note from Ambassador Gerard
to Secretary Lansing reads;
Following note from the foreign
office received today:
"'Berlin, Sept. 10, 1916.
1.-The undersigned has the honor
| to make the following reply to the
note of his excellency. Mr.. James w
| Gerard, ambassador of the United
States OF America, dated Ii ultimo, on
the subject Of the claim for repara-
| tion for the sinking of the American
merchantmen, william p. Frye:
"'With regard to the ascertain
ment of the damage by experts the
German government believes that 1t
| should dispense with the nomination
F., of an umpire. In the cases of the
aseertainment OF damages hitherto
arranged between the German gov
ernment and, nautral govern
ment from similar causes the
experts named by the two par
ties have always reached an
agreement as to the amount of the
damage without difficulty: should 1t
not be possible, however, to reach
an agreement on some point 1t could
probably be settled by diplomatic
negotiation. Assuming that the Amer
lean government agrees to this the
German government names as it's
expert DIR. Kepny, of Bremen, director
OF the North German Lloyd; 1t begs
to await the designation of the Amer
lean expert.
No Treaty Right Violated.
1.-The German government declares
that Ii agrees to the proposal of the
! American government to separate the
question OF indemnity from the ques-
llOn Ol lIlb VI tiit u7-
i sian- American treaties of 1885, 1893
and 1923. 1t, therefore, again ex-
pressly states that in making pay
ment Ii does not acknowledge the vio-
lation of the treaty, as contended by
the American side, but II will admit
that the settlement of the question of
Indemnity does not prejudice the ar
rangement OF the differences of opin-
ion concerning the Interpretation of
Ii "a, haf 10 1toFaa ttsa
is left to be decided by The Hague
tribunal of arbitration.
The negotiations relative to the
signing of the compromise provided
Iby article 50 of The Hague
arbitra ton convention would best
be conducted between the for
eign office and the American em-
bassy at Berlin, in view OF the diff
oulties in the way of instructlng the
imperial ambassador at Washington,
In case the American government
agrees, the foregoing office Is pre-
pared to submit to the embassy a
draft of such n compromise.
The American government In
ouiry whether the German govern
nent will govern its naval operations
in accordance with the German or the
American Interpretation of the treaty
stipulations in question pending the
arbitral proceedings has been care
fully considered by the German gov
ernnlent. From the standpoint of Law
and equity it is not prevented in its
lopinion from proceeding agains
American ships carrying contraband
according to its Interpretation, unit
the question is settled by arbitration
For the German government does MOI
need to depart from the application
of generally recognized rules of the
law of maritime war, as the Declara'
ton of London, unless and insofar as
an exception based on a treaty is es'
tablished beyond all doubt; in the
case of the present Difference o