The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1915-09-30
j. S GAINS POINT
GERMANY IN LATEST NOTE AS
sUREs SAFETY TO THOSE ON
AMERICAN SHIPS.
COMMANDERS GIVEN ORDERS
Riaht of Visit and Search to Be Ex-
ercIsed and No Ship With Condition
al contraband VIII Be Torpsdoed'
Says Message In Frye Case.

Washington, Sept. 25.-Germanys
latest note on the sinking of the Amer
ican sailing ship William P. Frye, pub
lished by the state department on
Thursday, discloses an important dip
lomatic victory for the United States.
Germany accepts the proposal to nx
damages by commission and to let
The Hague pass upon disputed treaty
rights involved. She also gives assur-
ances that no more American ships
carrying conditional contraband will
be destroyed, under any circum-
stances.
One thing seemed to officials certain
German naval commanders now are
ordered to exercise the rights of visit
and search with respect to all Ameri-
can ships to determine what cargo the
vessels carry, thus making 1t prac-
tically sure that none will be attacked
without warning or ample time for
passengers and crew to be transferred
irrespective of the cargo.
The note follows in part:
with regard first to the ascertain
ment of the damage by experts, the
German government believes that 1t
should dispense with the nomination
Of an umpire. Assuming that the
American government agrees to this,
the German government names as its
expert Doctor Kepny of Bremen, d.
rector of the North German Lloyds; II
begs to await the designation of the
American expert.
THE German government declares
that it agrees to the proposal of the
American government to separate the
question of indemnity from the ques-
ton of the Interpretation of the Prus-
sian-American treaty of 1885. 1899 and
1928.
1T therefore again expressly states
that in making payment it does not
acknowledge the violation of the treaty
as contended by the American side,
| but 1t will admit that the settlement
of the question of indemnity does not
prejudice the arrangement of the diff
| ferences of opinion concerning the in
depreciation of the treaty rights, and
that this dispute is left to be decided
by The Hague tribunal of arbi-
! tration
The negotiations relative to the
signing of the compromise provided by
article So of The Hague arbitration
convention would best be conducted
between the foreign office and the
American embassy at Berlin, in view
of the difficulties in the way of in
structing the imperial ambassador at
| Washington.
From the standpoint of law and
equity it (the German governmen) is
not prevented. in it's opinion, from
proceeding against American ships
carrying contraband. according to its
Interpretation, until the question is
settled by arbitration.
For the German government does
not need to depart from the applica-
tion of generally recognized rules OF
the law of maritime war, as the Dec
laration of London, unless and in So
far as an exception based on a treaty
is established beyond a doubt. In the
case of the present difference of opin
ion between the German and American
governments such an exception could
not be taken to be established except
on the ground of the arbitra
award.
Nevertheless the German govern
ment, in order to furnish to the Ameri
can government evidence of it's con
ciliatory attitude, has issued orders tC
the German naval forces not to de
stroy American merchantmen which
have loaded conditional contraband
even when the conditions of interna
tional law are present, but to permit
them to continue their voyage unhin
dered if it is not possible to take then
into port"