The Detroit times., 1915-06-11
Insists Frye Matter
Must BE Referred to
Prussian Court
MUST FILE l.. S.
CLAIMS ABROAD
No Foundation f o r
American Attitude,
Is Statement

German note concerning the William
p. Frye case reached the state De
partment Thursday. IL was Of ahon
1000 words, and insisted that tbs
case OF the American vessel, suns
by the German raider Prinz Elite
Friederich. be referred 10 a prize
court.
The Washington government had
sought 10 have the matter settled
between the state department ant
the German embassy In Washing
ton. and il was supposed for tim'
that this arrangement would be sat
isfaciory TO the Berlin foreign Office
Quite recently. however, worc
came from Berlin that the case hsc
been referred To a prize court Ever
then IL WAS believed this was {
mere matter OF routine and that q
speedier settlement would De effect
ed through diplomatic means here
Today.s note proved that the ref
erence was anything but perfume
tory.
Germany does not concede that
the sinking OF the Frye violated the
Prussian-American treaty. as was
previously supposed the Berlin for
eign once admitted. II contends
that prize court procedure is abso-
iutely necessary 20 a satisfactory
adjustment Of the case.
Germany, however. does admit its
liability for damages. and repeats
its willingness TO make reparation-
lnsistence on prize court proceed
ings was based on German law
passed early In the war.
Following is the text OF the reply
OF the German government in the
case:
Foreign once. Berlin. June :,
1918.
.Tne undersigned has the honor
20 make The following reply 10 the
note OF his exceilency. Mr.. Jane :
w. Gerard. ambassador Of the Unit
ed States OF America. dated April
30, 1918:
4 Foreign 0ffce Number 1921 on
the subject OF the sinking OF the
American sailing vessel William p.
Frye by the German auxiliary crui-
ser Prinz Eitel Friederich.
"The German government cannot
admit that, as the American gov
ernmeni assumes. the destruction OF
the sailing vessel mentioned con
stitufes violation OF the treaties
concluded between Prussia and the
United States at an earlier date
and now applicable 10 the relations
between the German empire aud
the United States. or OF the Ameri-
can rights derived therefrom. For
these treaties did not have the In.
tention OF depriviug one OF the con
tracing parties engaged I'm war Of
the right OF stopping the supply of
contraband 10 his enemy when he
recognizes the supply Of such as
detrimental 10 his military interests.
On the contrary, Article i3 OF the
Prassian.American treaty Of July
IL, 1893. expressly reserves 10 the
party at war the right To stop the
carrying OF contraband and 20 de.
tain the contraband II follows then
II II cannot be accomplished In any
other way, the stopping OF the sup
ply may In the extreme case be ef-
fected by the destruction OF the
contraband and OF the ship carrying
II. As matter OF course, the obli-
CATION of the party at war 10 pay
compensation 10 the parties inter.
ested. or the neutral contracting
party remains In force whatever be
the manner OF stopping the supply.
According 10 general principles
OF international law. any erer.
else OF the right OF control over the
trade In contra band Is subject 10 the
decision OF the prize courts. even
though such right may be restricted
by special treaties.
"At the beginning OF the war.
Germany. pursuant 10 these prin-
ciples established BY law prize juris-
diction for cases OF the kind under
consideration. The case of the VII
liam II. Frye is likewise subject "a
the German prize jurisdiction. for
the Prussiau-American treaties men.
toned contain no stipulation as "a
how the amount of the compensa.
lion provided by Article ~ OF the
treaty cited Is To be- fixed The
German government. therefore, com.
plies with its treaty obligations Ia
fun extent. when the prize courts
Instituted by Il IN accordance with
International law proceed IN pursu.
Ance OF the treaty stIpulations and
thus award the American interests
an equitable indemnity. There
Mould, therefore. be no foundation
Tor claim ~ the American govern.
mont unless the prize courts should
not grant Indemnity IN accordance
with the treaty; IN such event. how
ever. the German government would
hot hesitate Co arrange for equi.a BILE
!. |n1gpssi<y, Notwithstanding. For
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