The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-08
Submarine Arbitration Hinges
on Question.
DAMAGES BUT NOT PRINCIPLES
Germany Willing to Settle ON
Such a Basis.
Wants "Rights" ThreShed Out
by Hague Court.

Washington, Jan. S.-Germanys
note accepting the American conten-
tions that the mere placing of nom
combatants in lifeboats when a prize
is to he destroyed is not. under all
conditions to be considered assuring
them place of safety, was made pub
lie today by the state department. The
note is the latest communication over
the sinking of the American sailing
ship William p. Frye, and besides
making the concession regarding the
question of small boats. takes up the
question of an Indemnity for the
sunken ship aRd for arbitration of
the disputed provisions of the Prus-
STAR American treaty.
The most important part OF the text
relating to the sinking of ships car
ryins contraband and the safety OF
noncompliance follows:
Until the decision of the perma-
nent court of arbitration the German
naval forces will sink only such
American vessels as are loaded with
absolute ccntraband when the pre-
conditions provided by the declaration
of London are present In this the
German government quite shares the
views of the American government
that all possible care must be taken
for the security of the crew and pas
sengers of vessel to be sunk. Con-
sequently. the persons found on board
OF a vessel may not be ordered into
lifeboats except when the general con-
ditons; that is to say. the weather. the
conditions of the sea and the neigh
borhood of the coasts afford absolute
certainty that the boats will reach the
nearest port. For the rest the Ger
man government begs to point out that
| in cases where the German naval
I forces have sunk neutral vessels fer
carrying contraband. no loss of life
has yet occurred"
Settle by Correspondence.
Germany declined, however, to have
the commissioners who will settle the
Frye damages meet in Washington be-
cause it is pointed out that the Ger
man expert. DR.. Greve of Bremen, di-
rector OF the North German Lloyd.
would be exposed to danger of capture
during a voyage to America ''in con-
sequence of the conduct of maritime
war by England contrary to interna-
| ticnal law"
1t is suggested that the German and
American exports might get in touch
! by correspondence
| Germany also declines to assent at
! this time to the nomination of an UNI
pire in the absence of a determine
| ton of whether the experts would set
tie damages or principles Germany
| refuses to have an umpire consider
! tho question of principles In case
| the United States insists that the ex-
/ perts meet In Washington and that
an umpire be named at once, Germany
\ suggests that the damages be ar
! ranged by diplomatic negotiations.
/ For the arbitration of the Prussian-
American treaty, Germany in the note
/ proposes a special court of five from
| the permanent court at The Hague
: of which each country shall choose
I two and the four shall choose the
I fifth, to meet at The Hague, June 1 5.
/ The special court would decide wheth-
er, the Prussian- American treaty, the
belligerent contracting party is pre-
vented from sinking merchant vessels
of the neutral contracting party for
carrying contraband when such SINK
ing is permissible. according to the
general principles of international
law The United States has contended
that the German cruiser Prinz sitel
Friedrich has no right, under the
treaty to sink the Frye. The German
note proposes that both parties pre-
sent copies of their argument TO the
court on March l and deposit their
counter cases and evidence on May 1.