The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-06-10
Principal Points in American
Note on Sinking of Sailing
Ship by Prince Eitel, Re-
jected by Won JagOw.
CLAIMS NECESSITY OF
PRIZE COURT DECISION
Note, If ACOsped, Would
Leave Prize Court TO Decide
on Military Necessity" in
Every Case.

10y Evening Herald lssssed WIFal
Washington June fli.---lsrr-
mays latest note To the United
stnscs on the sinking OF the
American sailing ship William y.
Frye BY the B'rina Eifrf Fricd-
rich, received hcre to-day. unhea
the Tar FeacIdna cIAim ~ siaht
to destroy amy American vessel
carrying cOnfrnband. while
agreeing 10 pay damages fue the
Act.
Two points made by the Unit
eh States are relettef By Ger-
mnny. One was the xcntesncnf
Of the AneFiran government IN
its note of April ~ that prize
court proccedlngs meant unner
e~~aFy delay. al mattcFs concern-
ed being susceptible f0r promp1
settlement through diplomatic
channels; aud tho other wns that
the destruction of the Frye "was
unquestlonnbly a violation nf the
obligations imposed upun tho Inn
p'rial gsefument under existing
treaty stpiilntlofs bcfwecn the
United Stntes and Prussia.
Under the Pfues.an- American treaty
Of is2s. the binding force of which
was admitted by Germany In It's note
OF April Q. the right nf citizens Of
either country 10 ship arms aud ann
munltion as well 40 al other kinds ol
eoutraband Ia their own vessels was
granted In time Of war. but each
party had the right 10 detain such
contraband and make payment for Il
~ confiscntcd.
The note from Germany today en-
larges upon the treaty Of ises b,
claiming that while the treaty a.,
not specifically permit the dsstruc
tion OF a shin. nevertheless n is con
traband could not be stopped Ia ans
other way Il could ''in the extrems
be effected boy the destruction OF the
contraband and OF The chip carryinr
a."
The efIcst ef Germany's answer %.
day, u its assertions are accepted b,
the United states, woeId be "a throe
i"t9 the prize court for des5sion al
questions of whether destruction ol
nn Amfrlcan vessa1 constituted au
nxtrcme ease of military nesss-slls.
International law. outside ol treaty
Etinulations, has contained many 1
mooted case on that point. Whlls
the declaration of London esinbllsae.
hnaiiy that In case of military neces
sity ship whone cargo waa mnE'
than half contraband could be de
stroyed after passengers snd crew
were removed tn place OF safety
the declaration was not ratified b.
the United states. express notice hav
ing been given again by the Aperi
can government 10 Germany la th
note Of April rs thai the deciafatie'
was not regarded az In force.
The treaty Of 1888 with Prussia. Z.
which the German note refers. er
pired by iis own Limitations in tSia
but lts provisions. which are apph
cable TO the present ease. were re
Vived by articles of the treaty a
isss. The American government Il
its negotiaslons on the FRYE case hA
referred to the treaty of tsaS. whit
the German replies have referred 4
y as the treaty of i19a
The following N the German renly
TeNi Of CscF1nan Reply.
"Foreign office. Berlin June
isih.
The undersigned has the honor &
make the following reply 20 The not
~ his excellencv. Mr.. James ~ Ge
rard, ambassador % the tinlte
States of America. dated Aprll 80
1913. foreign office number asst %
the subject % The sinking ~ tn
American saiilng vessel William
Frye. BY the tlerman auxiliary csuls
or prinx Eitel Friedrich.
r~-sansT
Gconrinuea on Fuse Two.l