Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-09
The German Reply

The reply was handed by the foreign
office at Berlin TO Ambassador Gerard,
who cabled it today to the state de-
partment. II follows
THE undersigned has the honor to
make reply TO the note of His Excel
lency, MI James ". Gerard, ambas-
sador Of the United States of Aneri-
ca, dated the third instant, Foreign
Office No 2Seo, relative TO claims for
damages for the sinking Of the Amer
lean merchant vessel William T. Frye
by the German auxiliary cruiser Prinz
Eitel Friedrich. According to the re-
ports which have reached the German
government the commander Of the
Prinz TIrcl Friedrich stopped the VIII
liam 7. Frye on the high seas Jan.
81. 1915, and searched her. He found on
board q cargo of wheat consigned to
Queenstown, Falmouth or Plymouth 70
order. After he had first tried TO re-
move the cargo from the William 2.
FRYE he took the ships papers and her
crew on board and sank the ship.
II results from these facts that the
German commander acted quite III ac-
cordance with the principles of inter-
national law as laid down in the Dec
laratiOn of London and the German
prize ordnance. The ports of Queens
town Falmouth and Plymouth WHITTIER
the ship visited was bound are strong
~ fortified ports. The cargo Of wheat
being food or foodstuffs, was condition
al contraband within the meaning Of
Article "a, No. / of the Declaration of
London and Article %, No. ! of the
German prize ordnance and was, there
fore, to be considered as destined for
the armed forced Of the enemy pursu-
ant to Articles 80 and 81 Of the Decla-
ration Of London and Articles 80 and
81 Of the German prize ordnance and
to be treated as contraband pending
proof OF the contrary.
This proof was certainly not capable
Of being adduced at the time of the Wis
iting Of the vessel, since the cargo pa
pers read to order. This, however, fur
nished the conditions under which pur-
suant to article AZ Of the Declaration of
London and article 113 OF the German
prize ordnance the sinking of the ship
was permissible, since il was not possible
for the auxiliary cruiser to take the prize
into & German port without involving
danger TO its own security or the success
Of its operations. The duties upon the
cruiser before destruction of the ship
pursuant OF article 50 Of the Declaration
of London and article 116 of the German
prize ordnance were fulfilled by the
cruiser in that it took on board all the
persons found on the sailing vessel as
well as the ships papers.
THE legality of the measure taken by
the German commander is furthermore
subjected to examination by the German
prize court pursuant to article 81 of the
Declaration of London and section one,
number two Of the German Code of Prize
Procedure. These prize proceedings will
be instituted before the prize court at
Hamburg as soon as the ships papers
are received and will comprise the settle
ment Of questions whether the destruction
OF the cargo and the ship was necessary
The Dutch are strongly opposed to
intervention in the war, but their army
is ready to repel any invasion of Dutch
territory, complete preparations with
that object having been made long ago.
Another diplomatic report which has
created immense interest is that from
Rome to the effect that Austria is
seeking a separate peace with Russia.
(Continued on Pane 5-Coiumn 81