The Washington times., 1915-08-05
Expected America will Accept
Germany's Proposition to
Transfer Dispute to Board.
LITTLE CHANCE OF BREACH
United States Still insists It Is
illegal to Sink Contraband.
Carrying Neutral Ships.

America probably will accept Ger
manys proposition that the Frye case
be submitted. as a general test Of the
Prussian-American treaty Of 1923. to
The Hague.
High officials here said today that
the controversy certainly was not OF a
kind to warrant q break between the
two governments, but that a settle
ment was imperative. They expressed
the opinion that It could best be reached
by arbitration. g..
The question hinged on Germany's
right to sink contraband- carrying
American ships. Germany claims this
right. America admits Germany's right
to destroy the contraband. but not the
ship containing it.
Expected to Accept.
Pending arbitration. 1t was expected
America would accept Germany's offer
to pay for the Frye, the amount Of
damages to be determined jointly by q
German and an American expert, with
the understanding that payment does
not constitute a waiver either by Ger
many or America Of their respective in
terpretations Of the treaty.
The Leelanaw case. 1t was believed,
would be similarly handled.
No action was looked for relative to
the British note rejecting America 8
claim to freedom Of the seas. until
ton. With the country's big exporting
interests clamoring for drastic action
against the British. and Bryan peace
tA.ty" tying the matter up for at least
zlins problem. Officials confessed they
did not yet see their way to an answer.
An early note was foreseen protesting
to France against the latters seizure Of
lean vessel. which was transferred to
American registry after the war began.
Text of German Note.
The full text Of the German reply to
the Frye note follows:
,..so% Foreign Office.
The undersigned has the honor to
inform hts sexpeHency. Mr.. James w.
Gerard,' ambassador Of the United ."
ss sses ., Of the .sb ao In reRy oyesn to the a
fice No. 1890, on the subject Of the
sinking Of the American merchant
vessel. William P. Frye. by the Ger.
Friedrich. that the points o. view
brought out in the note have been
carefully examined by the Imperial
German government. This examina-
ton has led to the following con-
The Government Of the United
States believes that 1t is incumbent
upon it to take the position that the
entitled. as contained in article IL
Of the Prussian-American treaty
of amity and commerce Of September
10. l7ss. In article la Of the Prus;
ccmmerce Of july II. ' i7ss. % We're @
violated by the sinking Of the WILL
liam P. Frye. 1t interprets these
articles as meaning that mer-
party carrying contraband cannot in
any circumstances be destroyed by
warship Of the belligerent contract.
ing party, and that the sinking Of
In violation of the treaty; even X
her cargo should have consisted Of
contraband, which It leaves outside
of tie discussion.
The German government cannot
accept this view. 1t insists as here
tofore that the commander of the
German auxiliary cruiser acted in
the legal exercise Of the right OF
toyed by warships of belligerent ma
tions. and that the treaty stipula-
tions mentioned merely oblige the
German government to make COM
pensation for the damage sustained
by the American citizens concerned.
II Is not disputed by the American
Government that according to gen.
eral principles Of international law a
belligerent Is authorized In sinking
neutral vessels under almost any
conditions for carrying contraband.
AS Is well known. these principles
were laid down in articles 40 and 80.
of the Declaration OF London. and
were recognized at that time by the
nations which participated in the
conference. including the American
delegates, to be declarati tive OF exist
ing International law (see prelimi-
nary clause of the Declaration Of
London) moreover. at the beginning
of the present war. the American
Government proposed to the bellig-
erent nations to rattfy the Declare
ton Of London and give Its proN-
sions formal validity also.
Destination Presumed.
The German government has al
ready explained in It's note of April
4. last. for what reasons 1t considers
that the conditions justifying the
sinking under International law We're
present In the case Of the William p.
Frye. The cargo consisted of condi-
tional traband. the destination of
which for the hostile and armed
forces was to be presumed under the
circumstances: no proof to overcome
this presumption has peen furnished.
More than half the cargo of the ves-
sci was contraband. so that the vessel
was liable to confiscation. The
attempt to bring the American ves-
sci into a German port would have
greatly imperiled the German vessel
In the given situation of the war, ana
at any rate practically defeated the
success of her further operations.
Thus the authority for sinking the
vessel was given according to general
principles of International law.
There only remains then to be ex-
amined the question how far the
Prussian-American treaty st!pua-
tons modity these principles of in
ternational law.
In this connection Article l2. of the
treaty of lTS5 provides that In the
event of war between one OF the
contracting parties with another
power the free commerce and inter-
course OF the nationals of the party
remaining neutral with the belliger-
ent powers shall not he INTERRUPTED