New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-24
GERMANY COYLY
PLEDGES SAFETY
OF U. S. VESSELS
None Bearing Conditional
Contraband To Be Sunk,
Says Frye Note.
From The Tribune Bure.u.l


Washington, Sept. 23.-The German
note on the sinking of the William r.
Frye. published to-day by the State
Department. created a distinctly ia
by reason of its friendly tone and the
apparent willingness of the German
government to meet the United States
on common ground for a settlement Of
the controversy.
1t is believed that an end of the dis
cussion finally has been reached, though
officials of the State Department say 1t
may be necessary to ask Germany to
emplify certain clauses in which the
intent seems to be obscure.
Germany agrees to the American
proposal to divide the Frye question
into two parts. The first, which con-
Germs the Interpretation OF the existing
treaties between the United States and
Prussia, Is to be submitted to the
Hague Tribunal for arbitration; the
other. namely, the amount Of indemnity
for which Germany is liable, is re-
ferred to a board Of two experts, each
party to name one.
Germany's answer to the question
asked in the American note of August
12. as to what Interpretation of the
treaty of 1928 would guide submarine
commanders pending arbitration, is the
feature of the present note that is
occasioning doubt at the State Depart
ment. The note asserts the right OF
the German government to be guided
by its own Interpretation Of the treaty,
but offers to compromise by promising
immunity from destruction to vessels
carrying conditional contraband.
The United States has contended
throughout the controversy that the
treaty with Prussia forbade the de-
struction of the ships Of the neutral
contracting party, no matter what the
cargo, while Germany has held to the
view that the destruction Of the vessel
was warranted when the conditions Of
capture made it impossible to jettison
the contraband part Of the cargo, as
provided by the treaty.
Arbitration Sole Solution.
Officials see no objection to accepting
the proposed compromise II 1t can be
made clear that In submitting the ques-
ton to The Hague on those conditions
the United States Is not acknowledging
Germany's right to destroy any Ameri-
can ship. 1t is quite hopeless, they
assert, to arrive at an understanding
with Germany except through arbitra-
ton, and it is not to be supposed that
Germany will abandon the rights she
claims pending the decision OF the
court.
It is believed a way will be found to
accept the German proposal, with the
express understanding that any further
destruction Of American ships by Ger
man submarines because OF the contra
band nature Of their cargoes Will be
considered illegal BY this government.
This would undoubtedly be held to
mean that Germany would be liable not
only for indemnity, but for punitive
damages also, II an American ship
should be sunk under circumstances
similar to those Of the Frye case.
The exact meaning OF conditional
contraband" is also q questionable
point, according to State Department
officials. II is assumed, however, from
the wording Of the note that the Ger
man government refers to the condi-
tional contraband list published by that
government, and means, therefore, to
guarantee the safety of all American
vessels whose cargoes consist OF arti-
cles contained in th:t list.
The last American rote on the sink
ing Of the Frye stipulated that the ac-
ceptance of arbitration by the United
States would be dependent upon the
possibility Of forming an international
court for the judgment OF the case
without delay. IL is probable, IN view
of this, that the State Department Will
take steps to learn what ways are open
70 the formation of such . court before
giving an unconditional answer to the
German government The State De-
ma .tment is loath TO establish . preee-
dent for the acceptance OF indemnity
until the question principle Is de-
cided.
II is noted as a curious item in the
German note that the American sug-
gestion that provision be made for call