New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-29

>SG<nent does not relnquish the right
kH take UP the matter in later nego-
tfation, when the question OF tho own
ersh;p and contraband or non-con'ra-
band nature Of the cargo shall nave
been determined.
OfHcials believe this note marks .he
end Of the Frye controversy ana I"a'
Germany will re'inqush her can" 10
prize court jurisdiction IN ms Csse
and proceed % a settlement OF 'he IN
Gemnity by diplomatic means.
Note in German Hands
The American note. dated June -
- ,S5rcssed 20 Ambassador Gerard
80 Sc';ycre6 % the Foreign once IN
pc~li5 last Saturday afternoon. IL
reads as follows: ~,
'.You are instructed TO present the
following note 20 the German munster
OF Foreign Affairs: =.
~ have the honor 20 INFORM your 81
ce,lencv that ! duly eommunioa'eo 70
nv government your note OF ihe -"
,,s.sr+ on the subject Of the claim pre-
scented in my note Of April as. on
behalf OF the owners and captain oil '3 ne
American sailing vessel W imam :
Frye in consequence Of her destru ,,l.,,l
by the German auxiliary cruiser NM
Eitel Friedrich.
IN reply am instructed by my GOV
eminent TO say that II has oaIeiui'y
considered the reasons given by the
,r,nor;ol German government for urg-
INC that this claim should be passed
mon bv the German prize court instead
Being settled by direct diplomatic
,ssion between the two govern
o,erts. as proposed by the government
~ tho United States, and that II regrets
~ find that IL cannot concur IN the CON
illusions reached hy the imperial Ger
man government.
Only One Question Up
AS pointed out in my last note 70
Won on this subject, dated AprlI o. ,no
Government Of the United Stales ms
considered that the only qucsIoh uI
der discussion was the melnol N"'Sn
should be adopted for aScertainlhg 'le
amount Of the indemnity 20 be palu uH-
der an admitted LIABILITY, ana IL hoLGS
with surprise that, IN addition 70 'h'S
onos+ion the imperial German govern
rent now desires 20 raise some cues,
lions as 70 the meaning and enect OF
he treaty stipulGuons under "hlch 4"
has admitted is Liability. ,-..4
az the government Of the united
c.stos correctly understands the posi-
,,or ~ the imperial German govern
nent "a now presented, II IL that the
nrovisions Of Article il OF the treaty
- ZOO between the United States ana
prpssia- which is continued in force oy
The treaty of 1928. justified the com
nander Of the Prinz kltel trleGIicA III
sinking the William 7. Frye although
making the imperial German govern
ment liable for the damages suHeIeo III
consequence; and that lnasmuch AS
tbe treaty provides no SPECIFIC method
for ascertaininr the amount Of lndem-
nity 10 be paid. that question must be
srbni+ted 10 the German prize court
for determination.
a1be government Of the United
State. on the other hand, does not hnd
in the treaty stipulations mentioned
INV Justification for the sinking OF the
FRYE. and does not CONSIDER that the
German prize court has any )urlsdlc
ton yer the question OF the amount OF
indemnity 70 be paid by the lmperial
Gerr an government on account OF Jus
admitted liability for the destrucllon
OF ar American vessel on the nleh SEAS 1.s
~ state in your note Of the TIN
i,s.,I,f that Article IS of the above
mentioned treaty of 1899 expressly re-
serves 10 the party at war the right 10
ston he carving Of contraband and 70
d Svs. the cootreband. II follows then
that il it cannot be accomplished ID
any other way the stopping OF the sup
NV may he. IN the extreme case, erect
cd h. the destruction Of the contra
bani and Of the ship carrying II
Cannot Destroy Vessel.
.cTbe government Of the United
ctstrs cannot concur in this conclusion.
ON TIE contrary, il holds that these
treaty provisions do not authorize the
distraction Of neutral vessel IN any
circumstances. BY it's express terms
the treaty prohibits even the detention
Of a veutral vessel carrying contrapAnu
IL the master of the vessel IS Wiling 10
surrender the contraband. Article 10
provides: in the case supposed OF
vessel stopped for articles OF contra
hand. if the master Of the Vessel
stonned will deliver out the goods sup
,osed 20 be of contraband nature ne
ehal be admitted 20 do II, and We YES,
eel eboU no. in that case be earned
into any port. nor further detained put
shall be allowed 20 proceed on her
H. this case the admitted facts show
+bet pursuant TO orders from the COM
marder OF the German cruiser, the
master Of the FRYE undertook TO throw
overheard the cargo Of that 'essei' Dut
that before the work of delivering out
the ceIgo was finished the cessel' win
the cargo, was sunk by order OF the
German commander ,
'F-r these reasons, even If it be as
sumed as your excellency has done,
that the cargo was eontraband' your
contention that the destruction OF the
vessel was justified by the provisions
of Article 13 does not seem TO be wen
founded ,...
"The government OF the OIlI'eu
states has not thought it necessary in