Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-26
Comment Here Withheld Pend
ing Receipt of Detailed
Report of Attack.
DEEMED TO BE PARALLEL
WITH CASE OF THE FRYE
Washington Contends Century-0ld
Treaty Protects American Ships
From Destruction.

1Can steamer LeelanaW IS SnOCk
to American officials, who see in
the incident further aggravation
of the situation between Germany
and the United States.
Although they hesitated today,
in the absence of details, to con-
strue the act as coming within
the warning Of the last American
note, which pointed out that
further violation of international
law affecting American citizens
would be regarded as deliberate
ly unfriendly,'' the view taken was
that Germany, in effect, had
ignored and disregarded an earlier
note sent in connection with the
sinking of the American sailing
ship William P. Frye by the Ger
man cruiser Prinz Eitel Friedrich.
Protected by Treaty.
In that communication the United
States vigorously asserted its position
that even though an American ship
carried contraband of war it was
peculiarly protected from destruction
by the stipulations of the Prussian-
American treaty of 1928.
Flax, which was being carried by
the Leelanaw. was declared absolute
contraband by Germany April Is. as a
retaliation against the British con-
traband declaration.
While precedents of international law
in recent years, supported particularly
by the declaration Of London have rec
ognfsed the right of a belligerent to
sink neutral vessel carrying contra
band If the ship was certain of con-
demnation by prize court, the action
has been limited to extreme cases of
necessity when the taking of prize
into port would involve danger to the
vessel making the capture.
Position of United States.
Irrespective of the principles of inter-
national law noted on that point, how
ever, the United States has, in it's cor
respondence with Germany, insisted on
the application of the following article
13 of the treaty:
'1n the case of one of the contract
ing parties being engaged in war with
any other power, to prevent all the
difficulties and Misunderstanding that
usually arise respecting merchandise
of traband, such as arms, ammuni-
tion and military stores of every kind,
no such articles carried in the vessel,
or by the subjects or citizens of either
party to the enemies of the other, shall
be deemed contraband. so as to induce
confiscation or condemnation and a loss
of property to individuals.
Nevertheless It shall be lawful to
stop such vessels and articles and to
detain them for such length of time as
the captors may think necessary to
prevent the inconvenience or damage
that might ensue from their proceed
ing, paying. however. reasonable COM
pensation for the loss such arrests shall
occasion to the proprietors.
May Turn Over Contraband.
But in the case supposed of a ves-
sci stopped for articles of contraband,
i if the master of the vessel stopped will
deliver out the goods supposed to be
of contraband nature, he shall be ad-
| mitted to do it. and the vessel shall
not in that case be carried into any
port, nor further detained. but shall
be allowed to proceed on her voyage"
Germany Immediately admitted her
! liability under the foregoing article
when the Frye was sunk and agreed
! to pay damages, but took the view
that the sinking of the vessel was not
| violation" of the treaty, but a right
| that had inferentially been granted by
the treaty itself.
"On the contrary" said Berlin, ''ar-
ticle 13 expressly reserves to the party
at war the right to stop the carrying
! Of contraband and to detain the contra
band: 1t follows then that If 1t cannot
be accomplished in any other way, the
stopping of the supply may. in the ex-
treme case. be effected .by the destruc-
tion of the ship carrying 1t. AS a mat
ter Of course, the obligation of the
the interested persons of the neutral
contracting party remains in force
whatever be the manner Of stopping
the supply"
Frye Case a Precedent.
| Inc OnIteo .>tdtess as iate ab June "a
replied that the government of the
United States cannot concur>in this con-
clusion."
The case Of the Leelanaw. 1t was in
dicated by oficials. would be argued
along the same lines. as soon as an
| official report was received Saving OF
the lives Of the crew. they thought
could not allay the feeling of the
American government that Germany
had not only violated international law
in the case of Americans travelling on
| unresisting merchantmen, but had
four times. in the present war, violat-
ed a treaty of nearly a century's stand
ing. Under that treaty the American
government considers that the Ameri-
| can ships Gulhight and Nebraskan
| which were torpedoed without warn
ing: tho William p. Frye and the Lee
lanaw should have been immune from
violence Of any kind.