The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-04-09
However, Amount of Indemni-
ty and Standing of Claim
ants to Be Fixed by Court
Commander Had
Right to Sink Ship
But Under Treaties of 1899
and 1928, Contraband Pro-
perty of Citizens of Either
Nation Not to Be Conhscated

Washington. April SIN a note
received at the state Department
today, the G srman government ad-
mits its liability to the payment
of damages In the case of the
American ship William +. Frye,
sunk by the German sea-raider
Prins Eitel Friedrich, on jan
uary Is.
IT does not. however, accede to the
demand of the United States govern
men for the Immediate payment of the
sum of s22s.o59 -. the amount fixed
by the owners of the Frye. al proper
compensation for the losses they sus-
tanned. No claim w2s put In by the
United States for the loss OF the car
go of wheat, which was found TO have
been sold to a EritiSh subject while
in transit
The German government defends at
some length the action of the eomman-
der u the rrinz Eitel Friedrich in
sinking the Frye declaring that under
the provisions of the declaration of
London, ana the German admiralty in
structions for the present war. his
procedure was tuatifiabie. Its conces
sion that compensation Is due is based
not on any admission OF lllt gality in
the act, hut on the provisions Of the
treaty of 1928 between the United
States and Prussia This cety. which
Germany saw fit to pronounce in force
far the German empire in connection
with a recent tariff controversy with
the United states. provides that con-
IRA band in The vessels of the contract
ing parties shall hot be subject to
confiscatiou in the event CT "A war In
which ons OF tie parties is a heill-
gerent.
Text Of German Note.
The text OF the note transmitted by
Foreign Minister Won Jagow to AM
bassador Gerard at Berlin. is as fol-
lows:
The undersigned ha sthe honor to
make reply TO the note OF His Elk
celiency, Mr.. James W. Gerard am bas-
sador of the United States of America,
dated tho third instant. foreign office
number twenty eight ninety two. rela-
dive 70 claims for damages for the
sinking Of the American merchant yes
sci William +. Frye by the German
auxiliary cruiser Pr!nz Eitel Fried
rich
according to the reports which
have reached the German government
Friedrich stopped the William P. Frye
on the high seas January 81 1918. and
searched her He found on board 81
cargo of wheat consigned to Queens
town, Falmouth. or Plymouth to
order After he had first tried to re-
move the cargo from The William P.
Frye he took the ships papers and
her crew on board and sank the
ship.
Acted According to Law.
at results from these facts that the
German commander acted quite in ae-
cordanee with the principles OF inter-
national law as laid down in the de-
eiaration of London, and the German
prize ordinance. The ports of Queens
town. Falmouth and Plymouth, whittier
fed English coast places. which, more
over, serve as bases for the British
naval forces. The cargo of wheat be-
ing food or fcodstufY. was conditional
contraband within the meaning OF az
ticie -. number /. of the declaration
of London and article IS. number /. Of
the German prize ordinance, and was.
therefore. to be considered as destined
for the armed forces of the enemy pur-
suant to articles 3s and 81 of the
declaration of London and articles So
and SO OF the German prize ordinance,
and to be treated as contraband pend
ing proof of the contrary. This proof
was certainly not capable OF being ad :
duced at the time of the visiting OF
the vessel. since the cargo papers read
to order. This. however. furnished the
conditions under which. pursuant to
article 10 of the declaration OF Lon