Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-26
SHIP DISASTER DEAD MAY TOTAL 1900
can sailing ship William P. Frye by
the German cruiser Prinz Eitel Fried
RlSht 10 Destroy Denied.

Right 10 Destroy Denied.
I In that communication the United
States vigorously asserted its position
that even tho an American ship con-
tanned cOntraband Of war, 1t was
peculiarly protected from destruction
by the stipulation of the Prussian-
American treaty OF 1928.
Flax, which was being carried by the
Leelanaw, was declared absolute con-
traband by Germany on April IS as
retaliation against the British contra
band declaration. While precedents OF
international law In recent years. sup-
ported particularly by the declaration
of London. have recognized the right OF
q belligerent to sink a neutral vessel
carrying 4contraband If the ship was
certain Of condemnation by prize
court, the action has been limited to
extreme cases of necessity when the
taking Of a prize into port would in
volve danger to the vessel making the
capture.
Treaty 10 Quoted.
Irrespective OF the principle of in
ternationAl law noted on that point,
however, the United States has. in Its
correspondence with Germany. in
sisted on the application Of the fol-
lowing article 1870 the treaty:
"In the case Of one Of the contract
ing parties being engaged in war with
any other power. to prevent all the
difficulty and misunderstanding that
usually artoe respecting merchandise OF
contraband, such as arms, ammuni-
tion and military stores Of every kind,
no such article carried in the vessel.
or by the subjects or citizens Of either
party to the enemies of the other, shall
be deemed contraband SO as to in
duce confiscation or condemnation and
loss of property to individuals.
Nevertheless 1t shall be lawful to stop
such vessel and articles. and to detain
them for such length of time as the
captors may think necessary to pre-
vent the Inconvenience or damage that
might ensue from their proceeding.
paying. however. reasonable compensa-
ton for thes loss such arrest should
occasion to the proprietors."
SBut In the. case supposed OF YES
sea stopped kDr articles of contraband
II the 1saatlf Of the boat stopped will
deliver out the goods supposed to oe
or oontrabAnd nature. he shall be per-
mittsd to do Il, and the vessel shall not
In that case be carried into any port
nor further detained but shall be al
lowed to 30 on her voyage"
Liability Admitted.
Germany immediately admitted hel
liability under tho foregoing article
whsa ,tker1 was Nunk and agreed t.
spay damages, but took the view tina
the sinking o. thS ship was not a "vio.
.lation" at The treaty hut that right hat
boon inferentially granted by the
treaty Itself
Germany replied. however, that she
could not admit the destruction OF the
Frye was violation of the treaty.
s Can Not Concur.
"On the contrary" said Berlin, ar
ticle Is expressly reserves to the party
at war the right to, stop the carrying
Of contraband and''t detain the con-
traband: 1t follows then that II 1t car
notsbe accomplished In any other way
the stopping Of the supply may, in the
extreme, be effected by the destruction
Of the ship carrying 1t. AS matter OF
course, the obligation OF the party at
war to pay compensation to the inter-
ested persons OF the neutral contract
ing party remains in force whatever be
the manner Of stopping the supply"
The United States as late as July "a
replied that "the government Of the
United States can not concur on this
conclusion"
Leelanaw Case Similar.
The case of the Leelanaw, 1t was in
dicated by officials. would be argued
along the same lines as soon as official
reports were received. Saving of the
lives Of the crew, they thought. could
not allay the feeling Of the American
government that Germany had not only
violated international law in the case
OF Americans travelling on unresistine
but had four tipes. ir
tho present war. violated treaty OF
nearly a century's standing. Under the
treaty the American government con-
.siders that the American ships Gulf
light and Nebraskan, which were tor.
pedoed without warning. and the Frye
and .Leelanaw, should have been i'm
mune from violence Of any kind.