The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-10-19

/ ernm rents concerning the interpreta-
ton of the treaty rights The gov
eminent of the United States UNDER
4 stands that this arrangement Will be
also without prejudice to its own con-
tention in accordance with the state
ment of its position in it's note of
4 August 10 last to your excellency on
! this subject and the government of
! the United States agrees to this ar
rangemeHt on that understanding.
/ Your excellency states that the Inn
perial German government believes
that the nomination of an umpire
should be dispense6 with because it
has been the experience Of the i'm
perial German government that the
experts named in such cases have al
ways reached an agreement without
difficulty. and that should they dis
agree on some point II could probably
be settled by diplomatic negotiation.
The government of the United States
entirely concars In the view that II Is
mot necessary to nominate an umpire
in advance. II is not 20 be assumed
that the experts will he unable to
agree. or that II they are the. point
in dispute cannot be settled by diplo-
matte negotiation. but the government
of the United States believes that In
agreeing to this arrangement IT
should he understood In advance that
in case the amount of indemnity IS
not settled by the joint committee of
experts or by diplomatic negotiation.
the question will then be referred to
an umpire. il that is desired by the
government of the United States.
Propt Action Necessary.
Assuming that this understanding ts
sccepta BILE to the German government
II will only remain for the government
of the United States to nominate its
expert to act with the expert already
named by the German government on
the Joint committee. It seems desirable
to the government of the United States
that this Joint committee Of experts
should meet without delay as soon as
the American member is named and
that it's meeting should be held in the
United States because pointed out
In my note to you OF April 49, last.
any evidence which the German govern
ment may wish to have produced more
accessible and can more conveniently
be examined there than elsewhere.
With reference TO the argument to
submit to arbitration the question of
treaty Interpretation the government
of the United States notes that in an
swer to Its inquiry whether pending
the arbitration proceedings, the Ger
man government will govern its naval
operations in accordance with the Ger
man or American interpretation of the
treaty stipulations in question. the re-
ply of the German government, that
II has ordered orders to the German
naval forces not to destroy American
merchantmen which have loaded con-
ditional contraband even when the con-
ditions Of international law are pres
emit, but to permit them to continue
their voyage unhindered if IL Is not
possible to take them into port and
that. on the other hand, II must re-
serve to itself the right to destroy
vessels carrying absolute contraband
whenever such destruction Is per-
missibie. according to the provisions
OF the Declaration of London.
Must he Safe.
Without admitting that the Declara-
tion OF London is in force on the un-
derstanding that the requirement in
article so of the declaration that be
fore the vessel Is destroyed all per
sons on board must be placed In safe
| ty' Is not satisfied by merely giving
fthem an opportunity to escape in life
| boats, the government of the United
States is willing pending the arbitral
award In this case to accept the de-
claration of London as the rule gov
erning the conduct of the German gov
eminent in relation to the treatment
! of American vessels carrying cargoes
! Of absolute eontraband. On this I'M
tderstanding the government of the
| United States agrees to refer to ar
bitration this question of treaty inter
probation.
! The government OF the United States
concures in the desire OF the Imperial
German government that the negotfa-
lions relative TO the signing of the
compromise referring this question Of
treaty Interpretation to arbitration un-
der the provisions Of article So, of The
Hague Arbitration Convention. should
be conducted between the German for
eign office and the American embassy
] in Berlin, and the government of tho
United States will be glad to receive