New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-09
Berlin Foreign Office, in
Tart Note Admits
No Blame.
u. S. NOTE ELECTS
REPLY IN "a HOURS
LiabilityUnder International Law
Denied-Refers to Treaties
so TO 115 Years Old.

dShlngton, ApIl o. t"'N "'NN
from the German Foreign Office was
received by Secretary Of State Bryan
to-day justifying the action OF Captain
Thicrichens in destroying the American
shin William p. Frye and her cargo, but
protesting a willingness to pay for botn
if IT is established that both were
owned by American citizens at the time
Of their destruction.
This note was an answer TO tne de-
mand sent by this government Tor tne
navmcnt Of s22S. .059 20 compensate the
owners Of the William P. Frye for the
obstruction of that ship by the Prlnz
Eitel Friedrich.
Germany processes to be wiling 70
nav for the ship and cargo under an
old treaty between this country and
what was then the independent state O.
Prussia in 1928. She denies that, un-
der international law alone, without the
treaty. she would be required to pay
anything for either the ship or cargo
if il is not proved that the wheat on the
FRYE had neutral destination.
The note. which was handed to Am
bassador Gerard the day after the
claim for compensation was presented
70 the German Foreign Office, admits
that under the special treaty stpuia-
tions the American owners Of the snip
and cargo would be entitled to receive
condensation, even il the German prize
court should declare the cargo of wheat
contraband, although the only claim
presented by the United States govern
ment was for the loss of the vessel, no
claim having been presented for the
loss Of the cargo.
Based on Two Old Treaties.
The United States note made no ref
eren to any treaties with Germany. but
made the claim for reparation entirely
on international law The whole theme
Of the German note, however, places
the basis FOR payment OIL two old, al
most forgotten treaties with Prussia,
In lustifying Captain Thierlchens FOR
DESTROYING both ship and cargo, the
German note cites the Declaration Of
London and the German prize ordi-
nance. despitc the fact that the United
States does not recognize either or
these documents as binding rules or
/ international law. In fact. the United
States has specifically declared that 1t
/ is not bound by the Declaration Of
| London. and the other belligerents (eX-
cent Germany. which apparently, by this
note would put the Declaration OF Lon
don into full effect have accepted the
Declaration Of London in part onl y.
The German aswer was prepared. un-
dor date of April 4. by Herr Won Jagow.
of the German Foreign ONCE. AS the
United States note was dated April 8,
this is regarded by diplomats here as a
remarkable performance for speed IN
diplomatic spondencc. The text OF
the reply is in part as follows:
According to the reports which nave
reached the German government, the
commander of the Prnz EItel Friedrich
stoned the William ?. Frye on the
hioh seas January 27. 1915, and
searched here. He found on board a
cargo Of wheat consigned to Queens
town. Falmouth or Plymouth, to order
After he had first tried to remove the
cargo from the william P. Frye he
took the ships papers and her ere"
on board and sank the ship.
at results from these facts that the
German commander acted quite in ac-
cordance with the principles OF inter
rational law as laid down in the Dec
iaration Of London and the German
Prize Ordinance. The cargo of wheat,
being food or foodstutfs, was condl-
tional contraband within the meaning
of Article "a. No. I. of the Declaration
cf London. and Article %. No. |, OF the
German Prize Ordinance, and was
therefore TO be considered as destined
for the armed forces of the enemy, to
be treated as contraband pending proof
Of the contrary.
This proof was certainly not capable
~ being adduced at the time of the Wis
iting of the vessel, since the cargo paper
read TO order This. however, fur
nished the conditions under which. pur-
suant to Article 40 Of the Declaration
# London and Article ll3 of the Ger
man Prize Ordinance, the sinking OF
the shin was permissible, since 1t 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 oper-
atiOns.
"The duties devolving upon the
cruiser before destruction of the ship
pursuant to Article 80 OF the Declara-
ton of London and Article ll6 OF the
German Prize Ordinance were tulhlled
BY the cruiser in that it took on board
,il the persons found on the sailing
vessel as we'll as the ships papers.
"Thc legality of the measures taken
= tho German commander is further
more subject TO examination by the
German prize court. These prize pro
ceedings will be instituted before the
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