The Birmingham age-herald., 1915-06-11
GERMANY CLAIMS
 SHE HAD RIGHT ID
 DESTROY THEF FRYE
Promises to Pay for Dam age, But Holds to Right to Sink Neutral Ships
 Carrying Contraband

Washington. June l0.-Germany, ir note on the case of the William P Frye, an American ship sunk by the Prinz Eitel Friedrich, has informed the United States that ii interprets the Prussian-American treaty of 1928 to mean that American vessels carry ing contraband can be destroyed.
 Payment is promised for the destrue- ton. but the right destroy is asserted as logical inference from the language of the treaty.
 Tn reiterating that she is ready to pay damages for losses to American citizens oceasoned by the sinking of the Frye. Germany insists that prize court first must pass on the case The argument advanced by the United States that a prize court is unnecessary since compen- sation is promised whenever there is a treaty violation is rejected The liability for the sinking of the Frye is still ad- mitted. but Germany contends the case was not "a violation of the treaty.
 It Is considered certain the American government will not acquiesce in the new
 interpretation given the treaty by Ger many. Under the general principles of
 international law the right to destroy a prize is granted only in extreme military necessity when the cargo is certain of condemnation and officials here contend that the German commander who eX- amined the papers of the Frye did not have indubitable evidence concerning the character of the cargo.
 The text of the German reply follows:
 Foreign office. Berlin, June T, 1915
 "The undersigned has the honor to make the following reply to the note Of hls exceleney. Mir. James w. Gerard ambassador of the United States Of America dated April 30, 1915. foreign office No. 329l on the subject of the sinking of the American sailing vessel William P. Frye by the German auxil- iarY cruiser Prinz Eitel Friedrich.
 The German government cannot ac- init that, the American government assums, the destruction of the sailing vessel mentioned constitutes a viola ton 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 Ameri- can rights derived therefrom. For these treaties did not have the intention of depriving one of the contracting parties engaged in war of the right of stopping the supply of contraband to his enemy when he recognizes the supply of such as detrimental to lVs milit.1t inter- ests
 "On the contrary article 13 of the Prussian- American treaty of July II. lI99, expressly reserves to the party at War the right to stop the carrying of contraband and to detaln inc contra hand II follows then, that if 1t cannot be accomplished in any other way the stepping of the supply may in the extreme 'rse be effected by the de- strnction tf the contraband and of the ship carrying it. As a matter of course the obligation of the party at war 70 nay compensation to the parties inter- esled of the neutral contracting party remains in force whatever be the man ner of stopping the supply
 According to general principles of internatid1al law. any exercise of the right of control over the trade in con aband is subject to the decision of th< rrize courts even though such right nay be restricted by special treaties.
 Established Jurisdiction
 At the beginning of the present war Germany. pursuant 10 these principles. establi>'ied by law prize jurisdiction Tor cases of the kind under considela- ton. The ease of the William p Fry. i. likewise subject to the German p,ize Jurisdiction. for the Prussian- American treaties mentioned contain no stipula tion as to how the amount of the com pensation provided by article 13 of the treaties cited is to be fixed
 lhe German government therefore complies with its treaty obligations to ! luh extent when the prize courts insti 1uted hN it in accordance with interna- hona law proceed in pursuance to the treaty stipulation and thus award the American interested an equitable indem- mtN There would. therefore, be no foun NHton Tor claim of the American gov rrnment unless the prize court should not grant indemnity in accordance with ihe treaty: in such event, however. the German government would not hesitate tq arrange for equitable indemnity not 
 Prize Proceedings Necessary For the rest, prize proceedings of the case of the Frye are indispensable apart from the American claims, for the req son that other claims of the neutral and enemy interested parties are to be con sidered in the matter
 AS was stated in the note of April