The Hawaiian gazette., 1915-06-29
Washington Note Of Reply Denies
German Contention That Sink
ing Of Vessel and Destruc-
ton Of Cargo Were Lawful
PAYMENT OF DAMAGES
WILL NOT SQUARE RAID
Treaty Of 1899 Between United
States and Kingdom Of Prus-
sia Prevents Even Detention
II Contraband Is Surrendered
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WlAsHINGTON, June 29.-That
w Germany has any justification
whatever in sinking an Ameri.
can ship in order to destroy her cargo
Of contraband or conditional contra.
band is denied with emphasis in the
American note Of reply to Berlin re-
lating TO the case Of the WIN. p. Frye.
To admit Justification in such a ease
would be to admit that the Germans
have right to torpedo and sink an
American ship suspected of carrying
contraband, an, admission that the
United States is not prepared to make
under any circumstances.
Germany Asked To Reconsider
The American note, which had been
delivered TO Foreign Minister Won
Jagow on June "a, was made public
here last night. 1t is the American re
ply to the contention Of Berlin that the
claim arising from the sinking of the
Frye on the high seas by the German
commerce destroyer Prihz Eitel Fried
risN shals9 be .pajasicAtea before 2
German prize court.
The note asks Germany to reconsider
its refusal to settle the claims for dam
ages presented through the state de-
partment by the owners Of the Frye
and by Captain Kiehne, her master.
American Proposal Rejected
The Germany reply, received by the
state department on June 10, made the
claim that Germany has the right to
sink any ship carrying supplies to Great
Britain, provided damages are paid
The German note rejected the American
proposal to waive a prize court adjudi
cation and settle the matter directly
by diplomacy.
"is unable to find any justification for
the sinking of the VIM. p. Frye. This
government does not consider that the
German prize courts have any jurisdic-
tion over the question of the amount
of indemnity Germany should pay, in
settlement of her admitted liability for
the destruction of an American vessel
on the high seas.
No Authority In Treaty
This argument, the government de,
clares, is based on the contention that,
inasmuch az Germany already has ad-
mitted liability under the treaty of
1928, proceedings in prize court are su'
perauous and would not be binding up,
on the United States.
Continuing, the note says: "The
treaty of 1899 between the United
States and the Kingdom of Prussia did
not authorize the destruction of a neu,
trail vessel in any circumstances. In
fact it prevents even the detention of a
neutral vessel carrying cOntraband, if
the master of the vessel be willing to
surrender the cOntraband.
Germans Violated Obligations
"Now it is an admitted fact that tn
master of the VIM. p. Frye undertook
to jettison his cargo, but was not al
lowed to finish the task, and his vesse
was sunk. Such destruction was a VIC
lation of the objections of Germany.
"The United States disagrees with
the contention of the imperial govern
ment of Germany that an American YES
sci carrying contraband can be DIES
trOyed without the German government
incurring any liability beyond the com
pensation to be fixed by German priz
court