Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-09-23
ORDERS TO NAVAL FORCES
TO THAT EFFECT ISSUED
State Department Today Receives
Note From Teuton Government
Defining Its Position.
MUNITIONS SHIPS EXCEPTED
Communication Regarded Here as
Evidencing a Friendly Spirit.
Discusses Sinking of U. S. Mer.
-chantman William P. Frye.

Germany's latest note on the
sinking OF the American sailing
ship William P. Frye, published
today by the State Department,
discloses an important diplomatic
Victory for the United States.
Germany accepts the proposal
to fix damages by commission
and to let The Hague pass upon
disputed treaty rights involved.
She also gives assurance that no
more American ships carrying
conditional contraband will be
destroyed under any circum-
stances.
American ships carrying con-
traband, however, still may be
destroyed. What effect this can
have in practical operation is
problematical. because Germany
and Great Britain in their retalia-
tions have made absolute con-
traband practically everything
which. was conditional under the
declaration of London.
Naval Officers Ordered Accordingly.
One thing seemed to officials certain
ordered to exercise the right of visit
and search with repsect to all Ameri-
can ships to determine what cargo
the vessels carry. thus making ii prac-
tically sure that none will be attacked
without warning OF ample time for
passengers and crew to be transferred
irrespective of the cargo.
| Considered with reference to the en-.
! tire controversy between Germany and
the United States. the Frye note Is Ie-
garded as an indication that the Ber-
! lin foreign office is anxious to avert
a break with the Washington govern
ment. This increased today the inter-
est in Germany's attitude toward the
negotiations over the Arabic The note
Is as follows:
Text of the Note.
With regard first to the ascertain
ment of the damage by experts. the
German government believes that it
should dispense with the nomination OF
| an umpire. In the cases of the ascer-
! tainment of damages hitherto arranged
| between the German government ana
a neutral government from similar
causes the experts named by the two
parties have always I.-acled an agree
ment as to the amount of The damage
/ without difficulty; should 1T not ne pos
avrRemSnk
on some point it could probably be SET
| tied by diplomatic negotiation. ASSUME
ing that the American government
| agrees to this, the German government
| names as its expert DIR. hepny Oh
i Bremen, director of the North herman
Lloyds; it begs to await the designa-
| tion of the American expert.
The German government declares
that il agrees to the proposal of the
American government to separate the
question OF indemnity from the Ques-
| tion of the Interpretation OF the FIuS us
| sian-American treaties of 1913, ltS9
and 1928 1t, therefore, again expressly
states that in making payment 1t does
not acknowledge the violation OF the
side. but it will admit that the settle
ment of the question OF indemnity does
not prejudice the arrangement OF the
differences of opinion concerning ths
linterpretation of the treaty rights, and
that this dispute is left to be decided
by The Hague tribunal of arbitration.
Suggests Negotiations in Berlin.
The negotiations relative to the
sienins of the compromise provided by
article fifty-two of The Hague arbitra-
tion convention would best be conduct
ed between the foreign office and the
American embassy at Berlin in view of
the difficulties in the way of instruct.
ing the imperial ambassador at WASH
ment agrees the foreign office is pre-
pared to submit to the embassy draft
of such a compromise.
The American governments inquiry
whether the German government VIII
govern it's naval operations in ac-
cordance with the German or the
American Interpretation of the treaty
stipulations in question, pending the
arbitral proceedings. has been care
fully considered by the German gov-
ernment. From the standpoint of law
and equity 1T is not prevented. in its
opinion, from proceeding against
American ships carrying contraband.
according to it's Interpretation. until
the question is settled by arbitration.
Not to Diverge From Rules of War.
For the German government does not
need to depart from the application OF
generally recognized rules of the law
of maritime war. as the declaration OF
London, unless and in SO far as an ex-
ception based on a treaty is estab-
lished beyond all doubt In the case OF
the present difference of opinion be-
tween the German and the American
government such an exception could
not be taken to be tablished except
on the ground of the arbitral award.
Moreover. the disadvantages to Ger -.
many which would ensue from the
American Interpretation of the treaty
stipulations would be so much greater
as to be out of proportion to those
which the German Interpretation would
entail for the United States.
For whereas the American tnterprs-