Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-07-27

is LIKE FRYE CASE
SAYS WASHINGTON
Although a Shock, New In
cidcnt Won't Bring In
ternationQl Crisis.
W>sHNGToN, July 2e.-Destruc-

WAsHlNGToN, July 2G.-Destruc-
w tion OF the American ship Lee
lonaw 10y German submarine drew
Sharply to the attention of the United
states government today the fact that
Germany was insisting on her own
Interpretation of the Prussun-Amer-
lean treaty OF 1928 In dlsregarding OF
two American notes on the subject
In three Instances of American
ships destroyed or damaged-the
Gulf'Ight the Nebraskan and the
william T. Fryc-Germanv has
agreed to pay damages and in the
last case the Berlin government took
the position that it had not violated
the treaty of 1928 but had exercised
a right given her by inference from
the language of the pact.
Officials OF the Washington govorr-
ment were surprised at the destruc.
llon OF the LeclauaW, but beyond add
'ng an aggrayatIng incident to the
already strained relations between the
TWO governments there was no indl-
cation that the case would lead TO
a new turn In the general situation.
ship Carried Contraband.
The fact that the crew Of the vessel
was saved caused a feeling Of relief
IL official quarters, but there were
many evidences Of apprehension that
y Germany continues to promise pay
ment, vet destroys more American
ships, a new situation might he Gre
ated which would require further
warning to the Berlin government.
Ihe fact that the Leelanaw carried
4 cal go OF flax, declared absolute con-
Iapand by Germany on April Is. does
not after the view Of the United States
government that the contraband
might have been removed and the
'essel spared. Under the general
rules OF international law the destruc-
ton OF neutral vessel carrying con-
tfaband was not admitted until the
FAMOUS Knight commander case in
me Russo japanese war. The dec
laration of London in 1909 embodied
the principle as applicable in extreme
cases, but stipulated that passengers
ana crew must be transferred TO a
place Of safety and the case itself
later sent to a prize court for deter
mlnation as to the legality OF the act.
Must Not Destroy Vessels.
The United States in the case of the
william i. Frye, however, took its
stand irrespective Of the general nrin-
cipies Of international law as set forth
In the unraufied declaration of Lon
don' going back to a prior authority
the Prussian-American treaty OF
lh2S--as document that covered
completely any attacks on American
vessels carrying COntraband. That
treaty especially permits traffic in
contraband by the United States or
Prussia In time OF war and outlines
jhat no coulraband owned bv citizens
or either power may be confiscated
but can only b1 detained and paid for
vessels, accordtnN 10 its provisions
must be allowed % proceed after civ
ing up their COntraband.
In the case Of the William p. Frye
the cargo was foroign.owred and
claim for II was presented The own.
eIshlp or the cargo of the Ieelanaw
has not been reported vet. hut tho
question OF cargo. unless American.
owned, would not IN the view of Of
ucals affect the case. They hold
mat the American ship should have
been immune from attack and that
'fermany In reality violated once
more the treaty Of 1928.
Probably VIII Protest.
While officials were sparIng I'm
their comment 1t was indicated that
the United States would follow tho
same course as In the Frye case. dis
putting Germany's right TO destroy
American ships even il carrying con-
trabaud