Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-01-08
BERLIN PROVIDES
SAFETY AT SEA in
FRYE CASE NOTE
Germany Grants U. S. De-
mands in Regard to Life
boats and Passengers
WILL SAFEGUARD LIVES
Arranges for Arbitration of In
IDENTITIES and Appoints
Teutonic Delegate
MAsH1NGrnN- Inn g

WASHINGTON, Jan. s.
THE German Government quite share,
the view Of the American Government
that all possible care must be taken FOR
the security of the crew and passengers
OF vessel TO be sunk. Consequently the
persons found on board OF vessel may
not be ordered into lifeboats except when
the General conditions-that Is to say, the
weather the condition of the sea and the
neighborhood of the coast-afrord abso-
Lutte certainty that the boat will reach
the nearest port"
In this manner Germany subscribes to
the position of the United Statcs-that n
lifeboat In an open sea Is a place Of
safety only under certain conditions-in
its last note to this Government on the
Frye case, made public at the State De-
partment today. Germany states in this
note that hereafter persons aboard mer-
chant vessel about to be sunk will not
be forced to take TO lfeboats except when
the general conditions are such that they
are certain to reach land.
The text OF the note follows
With regard first to the asCertatnment
OF indemnity for the vessel sunk the
German Government is in agreement with
the American Government in principle
that the amount of damages be fixed by
two experts, one each to be nominated
by the German and the American Gov
ernments. The German Government re-
grets that Il cannot comply with the
wish of the American Government to
have the experts meet In Washington
since, the expert nominated by it. Doctor
Greve, Of Bremen, director of the North
German Lloyd, is unable to get away
from here. and Furthermore would be
exposed to the danger of capture during
voyage to America In consequence of
the conduct of maritime war by Eng
land contrary to international law
Should the American expert likewise be
unable to get away, the two experts
might perhaps get in touch with each
other by correspondence.
DON'T WANT AN UMPIRE.
THE German Goernment likewise re-
grets that II cannot assent at this time
to the nomination of an umpire as desired
by the American Government for, apart
from the fact that in all probability the
experts will reach an agreement i'm the
case OF the William p Frye with the
same facility as was the case with similar
negotiations with other neutral guycrn-
ments, the assent OF the German Govern
ment TO the consultation of an umpire
would depend materially upon whether
the differences of opinion between the
two experts pertained to questions of prin-
ciple or merely to the appuisemcut Of
certain articles. The consultation of an
umpire could only be considered at all in
the case of appraisements of this nature
Should the American Government in
sist on its demands for the meeting Of the
experts at Washington or the early choice
or an umpire, the only alternative would
be to arrange the fixing of damages by
diplomatic negotiations. In such an event
the German Government begs to await
the transmission of n statement OF par
ticulars of the various claims FOR dam
ages accompanied by the necessary proofs
with regard to the arbitral treatment
OF the difference OF opinion relative to
the Interpretation OF certain stipuIations
of the Prussian-Amerlcan commercial
treaties. the German Government has
drawn up the inclosed draft of "A COM |
promise. which would have to be worded |
in the German and English languages |
and drawn up with due considerations of |
the two alternating texts. II Is true that |
the draft does not accommodate the Sug-
sestions of the American Government |
SO far as II is not in accordance with !
the rules OF summary procedure provided |
by chapter of The Hague arbitration |
convention, but with the rules of regular !
procedure.
TREATIES IMPORTANT
"The summary procedure is naturally |
Intended only for differences OF opinion |
OF inferior Importance. whereas the Ger |
man Government attaches very partiC- |
uIar Importance to the Interpretation OF |
the Prusslan- american treaties which |
have existed for over 100 years, Pur- |
suant to the agreement made, any pro- |
posed amendments would have to be dis |
cussed between the Foreign Office and |
the American Embassy, and oral discuss !
siols would appear to be advisable.
Until the decision OF the permanent |
court of arbitration the German naval |
forces will sink only such American ves-
sells as are loaded with. aboslute contra !
band when the pTeconditions provided by |
the Declaration of London are present. /
In this the German Government quite |
shares the view OF the American Gov |
ernment that all possible care must be |
taken for the security of the crew and |
passengers OF a vessel to be sunk. Con- |
sequently the persons found on board a |
vessel may not be ordered into her life |
boats except when the general conditions |
-that Is TO say. the weather, the Coudi, |
ton OF the sea and the neighbOrhood of |
the coasts-afford absolute certainty that /
the boats will reach the nearest port
For the rest the German Government |
begs to point out that in cases where |
German naval forces have sunk neutral |
vessels for carrying eontrabaHd no loss |
of life has yet occurred
''rhe undersigned begs 10 give expires.
sion TO the hope that il win be possible |
for the two Governments to reach a COM |
plete understanding regarding the case |
OF the William p. Frye on the above |
basis. and avails himself Of this oppor~ /
tunity to renew TO his Exceuency the /
Ambassador the assurance OF his highest I!
consideration. Won JAGOW."
The arbitration compromise then out /
lined is 10 the following effect:
court Of arbitration would decide this |
legal question, Whether, according 10 I!
the treaties existing between the parties |
In particular Article xiii OF the Prussian- !
American Treaty of Amity and Commerce !
of July H. 1873. the belligeFent contract |
Ing party is prevented from sinking mer- |
chant vessels of the neutral contracting |
party for carrying eontraband when such |
sinking is permissible according to gem |
eral principles OF international law"
The court would be composed of hve |
men chosen from IL permanent tribunal |
Of The Hague. two TO be named by each |
Government and the hfth. 10 act as UNI
pire. By those four. In case OF failure TO !
name the umpire the president Of the |
swiss Federal Council would be request |
"a 10 name him.
March 4. 1916. each government should !
transmit Is copies of It's argument with
AL documents and correspondence on
which 1t bases its case. May 1. the par
ties would deposit their conferences. !
Hilh evidence and concluding statements.
b March / each must deposit 1000 Hoi-
land guilden toward the cost OF the pro-
seedlings.
June Is. 1916. the arbitrators would meet
II The Hague ana examine the dispute.
Despair Of Saving WOuld-be Suicide