Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-09
FULL SETTLEMENT
FOR LOSS OF FRYE
Germany Assumes Liability Both
for Destruction of Vessel
and of Cargo.
REPLY TO AMERICAN NOTE
Prize Court Will Pronounce
Upon Standing of Claimants
and Amount of Indemnity.
REPLY TO AMERICAN NOTE

sunk on the high seas with her cargo
or wheat by the commerce raider
Prinz Eitel Friedrich, was commune
Gated formally to the United States
government to-day.
Ambassador Gerard cabled note
handed him by the Berlin Foreign Of
/ hce in reply to the recent American
communication submitting an ,ndcm-
nifty claim for s22s,O5o54 on behalf of
the Frye's owners. The Foreign Of
flee upholds the legality. under inter
| national law. of the raiders action in
| sinking the Frye, and bases the liabil-
! ity or the German government, to pay
! indemnity solely on the old Prussian-
| American treaties of 1899 and 1925
which provide that contraband belong
ing to the subjects or citizens of
either party cannot be confiscated by
! the other, and may be detained or used
only in consideration Of payment of
/ the full value.
! In view of this situation, the note
says, the American owners must be
compensated for their loss IT is
! pointed out, however. that the case
| must go into a prize court that ques-
| tions Of ownership. cargo and destina-
tion may be established formally.
The German position is that the
! Fryes cargo OF wheat was contraba nd
because 1t was consigned FOR orders"
| to Queenstown, which is declared to
he fortified port of Great Britain
No notice is taken OF the fact that
since the wheat was sold en- route to
! British citizens. the United States
| filed a claim for the vessel only
/ OFFICIALS SURPRISED
/ AT NATURE OF NOTE
Officials here were somewhat sur
| prised at the nature OF the German
note. because of the bearing IT may
I have on negotiations between Wash :
ington and London over the allies
blockade OF Germany and Austria
| The United States has insisted that
upon the belligerent selling a cargo
consigned Ito order rested the burden
OF proof that the goods were destined
for armed forces of an enemy.
The German note was dated April 4.
one day after Ambassador Gerard pre-
sented the request for indemnity.
The text OF the note Is as follows:
April S. 1915.
/ The American ambassador at Berlin
has received the following note from
the German Foreign Office in the case
OF the William p. Frye:
! The undersigned has the honor 10
J make reply to the note of His Excel
! lency. Mr. James w. Gerard. anbassa-
. dor OF the United States of America.
( dated the 3rd instant, Foreign Office
NO. 1882. relative to claims for dam
ages for the sinking of the American
merchant vessel William l.. Frye by
tn" German auxiliary cruiser PrinZ
I Eitcl Friedrich.
According 20 the reports which
f! have reached the German government.
/ the commander OF the Prinz Eitel
| Friedrich stopped the William T. Frye
on the high seas January %. 1915. and
| searched her. He found on board IA
cargo of wheat, consigned 10 Queens
town. Falmouth or Plymouth TO order
After he had first tried to remove the
cargo from the William i. Frye he
took the ships papers and her crew
on board and sank the ship
ACTED IN ACCORDANCE
WITH INTERNATIONAL. LAW
1T results from these facts that the
German commander acted quito in ac-
cordance with the principles OF inter-
4 national law. as laid down in the
/ Declaration of London and the Ger
| man prize ordinance The ports of
Queenstown, Falmouth and plymouth.
/ whittier the ship visited was bound, are
strongly fortified English coast places.
/ which, moreover, serve as bases for
| the British naval forces
The cargo of wheat being food or
/ roodstuhs. was conditional contraband
within the meaning of article %. No.
/ l. Of the Declaration of London. and
article %. No. /. OF the German prize
n Il
considered as destined for the armed
| forces Of the enemy. pursuant to ar
ticles 33 and 81 of the Declaration
OF London and articles 80 and a3 Of the
German prize ordinance, and TO be
treated as contraband pending proof
| to the contrary. This proof was GER
| tainly not capable of being adduced at
! the time of the visiting of the vcssel
! since the cargo papers read to order
/ This however, furnished the conditions
! under which. pursuant to article 40
OF the Declaration of London and ar
| ticle lib of the German prize ordi-
nance. the sinking of the ship was per
missible, since II was not possible for
the auxiliary cruiser to take the prize
into German port without Involving
danger to Its own security or the sue
cess OF Its operations. The duties de-
volvlng upon the cruiser before de-
struction Of the ship, pursuant to ar
| ticle so OF the Declaration OF London
and article 1l6 of the German prize
ordinance, were fulfilled by the cruiser,
in that II took on board all the persons
found on the sailing vessel rs we'll MS
| the ships papers
SUBJECT TO EXAMINATION
ny GERMAN PRIZE COURT
"The legality of the measures taken
by the German commander Is, further
more. subject to examination by the
German prize court, pursuant to article
81 of the Declaration Of London and
| section l. No. g of the German code
| Of prize procedure. These prize pro-
ceedings Will be instituted before the
prize court at Hamburg as soon as the
ships papers are received. and will
comprise the settlement of questions
| Continued on Third Page)