The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-06-10

G. e. Skaine of Dallas City was
Hamilton visitor yesterday.
II. w. Zoelline of Decatur, audito
OF the German government In tn,
William p. Frye case:
{, Foreign Office, Berlin, June Z, 1915
The undersigned has the honor t.
make the following reply to the note
of his exceilency, Mr.. James w. Ger
ard, ambassador Of the United States
OF America, dated April 80, 1915:
4 Foreign Office No. 1921, on the sub
vessel William P. Frye, by the Ger
man auxiliary cruiser Prinz Eitel
Friedrich
/ The German government cannot ad.
NIT that, as the American government
assumes, the destruction of the sail.
| ing vessel mentioned constitutes a
violation of the treaties concluded
between Prussia and the United
States at an earlier date and now
applicable to the relations between
the German empire and the United
States or of the American rights de-
rived therefrom. For these treaties
did not have the intention of depriv-
ing one of the contracting parties en-
gagged in war of the right Of stopping
the supply of contraband to his enemy
when he recognizes the supply Of such
as detrimental to his military inter-
ests. On the contrary, article thir-
teen Of the Prussian-American treaty
of July II, 1899, expressly reserves to
the party at war, the right to stop
the carrying of contraband and to de-
tain the contraband. It follows then
II it cannot be accomplished in any
other way, the stopping of the supply
may in the extreme case be effected
by the destruction OF the contraband
and Of the ship carrying it. AS mat
ter Of course the obligation of the
party at war to pay compensation to
the parties interested or the neutral
contracting party remains in force
whatever be the manner Of stopping
the supply.
According to general principals of
international law any legislative right
to control trade in contraband remains
in the prize court even though such
rights may be restricted by special
treaties.
At the beginning Of the present
war, Germany, persuant to these prin-
cipals by law, sent to prize juries all
cases of the kind under consideration.
The case of the VIM. P Frye is like
wise subject to German prize court
jurisdiction. The treaty mentioned.
contained no stipulation as to the
amount provided by article thirteen
of the treaty cited, to be fixed. The
German government, therefore, COM
piled with its treaty obligations to a
full extent when the prize courts in
stituted by 1t in answer to interna-
tiona1 law procedure Pursuance to
treaty stipulations and will thus award
the American interests an equitable
indemnity. There would. therefore,
be no foundation for a claim OF the
American government unless the
prize courts should not grant indem.
nifty in accordance with the treaty;
in such event, however, the German
government would not hesitate to ar
range for equitable indemnity not
withs landing. For the rest. prize pro-
ceedings Of the case of the Frye are
indispensable, apart from the Ameri-
can claims, for the reason that other
claims of the neutral and enemy In
terested parties are to be considered
in the matter.
AS was stated in the note of April
4 last, the prize court should have to
decide the questions whether the de-
struction Of the ship and cargo was
legal; whether and under what con-
ditions the property sunk was liable
to confiscation and to whom and in
what amount indemnity Is to be paid, !
provided application therefor is re.
ceived.
Since the decision OF the prize court
must first be awaited before any IA.
Their position is taken by the German
government, the simplest way for the
American interested parties to settle
their claims would be to enter them
in the competent recoSds IN accord.
ance with the provisions Of the Ger. |
man code of prize proceedings.
The undersigned begs to suggest
that the ambassador bring the above
to the knowledge of his government |
and avails himself, etc.
(Signed) Won Jagow,
Minister Of Foreign Affairs.
At a Peculiar Time.
by Carl w. Alderman, United Press
Staff Correspondent
BERLIN. (via The Hague). June
10.-In political circles it was point
ed out here today that the second
American note as did the first in the
Lusitsnia case, reaches Berlin at a
time when Germany Is engrossed in
remaining on friendly terms with the
powers still neutral.
The first note reached the foreign
Office when the Italian situation was
pregnant. The American rejoinder,
expected here today, will arrive while
Germany is exerting herself to main
tain friendly relations with other
neutrals. particularly Roumania.
The Berlin newspapers today con-
tinued comment guardedly on reasons
behind Secretary Bryan's resignation.