CONTROVERSY OVER FRYE IS UNSETTLED [Continued From First Page.] Text of German Note Following Is the German note In full: "The undersigned has the honor to inform his excellency, Mr. James W. Gerard, ambassador of the United States of America. In reply to the note of the 26th ultimo, foreign office. No. 3990. on the subject of the sinking of the American merchant vessel William P. Frye by the German auxiliary cruiser Prinz Eitel Friedrich, that the w.points of view brought out in the note 4iave been careTully examined by the imperial German government. This examination has led to the following conclusions: "The government of the United States believes that it is incumbent upon it to take the position that the treaty rights to which America is en titled as contained in article 12 of the Prussian-American treaty of amity and commerce of September 10, 1785, in article 13 of the Prussian-American treaty of amity and commerce of July 11, 1799. were violated by the sinking of the William P. Frye. It interprets these articles as meaning that a mer chantman of ithe neutral contracting party carrying contraband cannot in any circumstances be destroyed by a warship of the belligerent contracting party and that the sinking of the Wil liam P. Frye was, therefore, in vio lation of the treaty even if her cargo should have consisted of contraband, which it leaves outside of the discus sion. "The German government cannot accept this view. It insists as hereto fore that the commander of the Ger man auxiliary cruiser acted in the legal exercise of the rights of control of trade of contraband enjoyed by war ships of belligerent nations and that the treaty stipulations mentioned merely oblige the German govern ment to make compensation for the damage sustained by the American citizens concerned. "It is not disputed by the American government that, according to general principles of international law, a bel ligerent is authorized in sinking neu tral vessels under almost any condition for carrying contraband. As is well j known, those principles laid down in articles 49 and 50 of the j Declaration of London and were rec ognized at that time by the duly em- j powered delegates of all the nations I which participated in the conference, I including the American delegates to I the declarative of existing international ' law (see preliminary clause of the Declaration of London); moreover, at the beginning of the present war the American government proposed to the belligerent nations to ratify the Decla ration of London and give its pro \ Uions formal validity also. Justify Sinking ol Ship "The German government has al ready explained in its note of April 4 last for what reasons it considers that the conditions justifying the sinking under international law were present in the case of the William P. Frye. The cargo consisted of conditional con traband. the destination of which for the hostile armed forces was to be presumed in the circumstances; no proof to overcome this presumption has been furnished. More than halt the cargo of the vessel was contra band, so that the vessel was liable to ' confiscation. "The attempt to bring the Ameri can vessel into a German port would have duly imperiled the German vessel in the given situation of the war and at any rate practically defeated the success of her further operation. Thus the authority for sinking, the vessel was given, according to general prin ciples of international law. "There only remains, then, to be examined the question how far the Prussian-American treaty stipulations modify these principles of Inter national law. "In this connection Article 12 of the treaty of 1785 provides that In the event of a war between one of the con tracting parties with another power, the free commerce and intercourse of the nationals of the party remaining neutral with the belligerent powers shall not be interrupted, but that, on the contrary, the vessel of the neutral party may navigate freely to and from the ports of the belligerent powers, even neutralizing enemy goods on board thereof. However, this article merely formulates general rules for the freedom of maritime intercourse and leaves the question of contraband ' untouched; the specific stipulations on | this point are contained in the follow ing article, which is materially iden- | tilled with Article 13 of the treaty of l 1799. now in force. "The plain intention of Article 13 is' to establish a reasonable compromise 1 between the military interests of the j belligerent contracting parties and the commercial interest of the neutral j party. On the one hand the belligerent party is to have the right to prevent ! the transportation of war supplies to ! his adversary even when carried on vessels of the neutral party; on the other hand, the commerce and navi gation of the neutral party is to be interfered with a slittle as possible bv ; the measures necessary for such pre vention and reasonable compensation is to be paid for any inconvenience and damage which may nevertheless ensue from the proceeding of the bel ligerent party. Carrying War Supplies •♦Article 13 recites the following means whereby the belligerent party can prevent the vessels of the neutral party from carrying war supplies to his adversary. The detention of the ship and cargo for such length of time : as the belligerent may think neces- | snry; furthermore, the taking over of the war stores for his own use, paying I the full value of the same, as ascer- I tained at. the place of destination: the! right of sinking is not mentioned ia [ 'lie treaty, and is, therefore, neither expressly permitted nor expressly pro- I hibited. so that on this point the party stipulation must be supplemented by i Bringing Up Fatherf> # # # # # By McManus I J VoU *Oi>TNT ] II ' WISH YOU'D "TAKE JO->T TAKE /K S J ss ™ h j te-s,, BE 1 THURSDAY EVENING, ► Unbleached Turkish Boys' Silk Girdles, 750 1 — •" I Sizes T^ S inches; Clothing JJjOUVfUZVZd OT : r L "" ► I'f. 20c quality, special in fan^y mixtures; coa ts I Store Open Until Noon To-morrow. J _ , irJCfl l" ► at Bo'wMAX-s_Main Floor patch pockets and sew- Men S & BoyS , X ed-on belts. Sizes 6to 17 rfe 34 Men's and Young Men's ► Women's Wear y unen Norfolk suits, ft W urnishings suits,«ss.oo - formerly ► an, 10 1 1 • w. . tt ir tt„,. sv.<A) wool cassimeres and r , House Dresses, 790-re- J?- 4 . 9 ~^ natu . ra co '? r ' ™ , ifW - J/L i a ? v P homespuns; taken from our < • versible; plain blue and the latest models. Sizes 6 regularly 12/ic. regular stocks. i ' black; also gray and white tO JL 10a 0 IhMT* • 1 Men's and boys' Soft Caps - ?5c cans reduced t stripes; sizes 34 to 46. M ul 8 ' * ' Colors, 50. to 150; 50c caps reduced to j< Petticoats. 590 - black and white trimmed ± M« • "lormedv 25c -n! = sl °° CapS reduced to < satine petticoats, with with blue; also blue and tan T1 A TV* A r 'h J I a < ' tlounce at bottom. chambray. Sizes 2U to 6 |\l\ Boys bathing trunks and BOWMAN'S—Third Floor. I ► Waists, 690 - lingerie. years. JHH JLJI \IVUI V 1 \ sh,rts ' each " J ► lace and embroidery trim- " Overalls, 390 —blue SBOWMAN$ BOWMAN s-Main Floor ( ► med ! short sleeves; flat col- and tan checked waist, with f ► lars- plain pants; sizes 3 to 7 w \ Women's Linen and t ► BOWMAN'S second Floor years. W 00l UreSS Irish Shamrock Lawn : M N BS VSO- ~ Goods Handkerchiefs; re K u- f y r\ aV sizes 13 to IS ve/iV M MMk dtefrM larly 15c and 2DC, at i •On the AS m A if gB Danish Cloth, 10« yd. - 9<\ or 3 for 25* f ► Sf' f vv 7 "~3r y regularly 15c half wool. 4 * ► Carpet Floor I r A fv, \\ VI \ striped sitings, y T Dimity Quilts. - formerly 39c and 50c < ► «i J a P « neBC ■ Gr n BS *7no ß "' - regularly $1.98 - col- _ -in blue, brown and green; White CnnH«! ) r $l9B-originally $7.98- ored Stripe; 72x90 inches. oni nl VnlllW Itl 36 inches wide. V>nilC bOOQS , with brown band borders; BOWMAN'S—Main Floor kJUCCICII V CILIICS 111 BOWMAN'S-Maln Floor IT- t ► 9x12; slightly soiled; limited > U ' 1 \ an " LinCnS t \ ' Grl'ss Rugs, »2.5(>-orig- DraperieS tIOLIV KJOOCIS Girls' Straw Hats, Lawn, 50 yd. - regular i inally $7.98 with brown Furniture Guimo le and 20-inch Wavv Switrhe«; —formerly $1.98 ly 10c —4O inches wide. -i L Walls of Trov border; 9x12; 2c vd - 3c and 20 inch Wavy b witches CQ c to $3.25; in white and Shirting Madras, 110 yd. slightly damaged: limited plain aTmixed colors 18 " mCh Switches .... O colors , trimmed with - regularly 19c -32 inches quantity. Silkoline, 4'Af yd.—form- I These switches are splendidly made of exceedingly good I fancy bands, ribbon I wide. >1 Wool and Fiber Rugs, erly 10c plain shades. quality naturally wavy hair. The assortments and range velvet, ribbon and Plisse Crepe, yd. \ $3.50 formerly s6.7s—in Sample Curtain Ends, of shades are complete. flowers regularly — .30 inches maroon and white patterns; 100 to 250 formerly 89c I BOWMAN's —Second Floor. I " wide; requires no ironing. fl 9x10.6; limited quantity. to $2.00 only one of a j Longcloth, 70 yd.—regu- Axminster Rugs, $2.50 kind. A larly 10c —36 inches wide; formerly $3.50 and $3.75 - Lace Curtains, 350 pr. Neckwear and Muslin Wear V , • m cut from full pieces. lloral and Oriental patterns; formerly —in ecru; > White Porcelain Plates, Mercerized Table Da -36x72 inches. with plain and covered cen- RiKKnnc Women's Gowns, 390 each formerly 40c, mask, 250 yd. regularly .< Ingrain Carpet Samples, ters; overlocked edges. I\IUUUII!> regularly 59c to 75c made 50c and 60c—5, 6 and 7-inch 35c —72 inches wide. \ 250 yd. formerly 59c to Bed Sets, SI.OO to $1.09 Windsor Ties 12Vit— °f nainsook with voke-i of sizes. BOWMANS-Mam Floor \ 85c - one-yard lengths. ~ or J merl - v to $4.89 - re .ul ar -odd shades ™ slip- Meat pi atterß , 100-reg tui r» 'i n.u ?> limited quantitv. reguiarij _.ic snaaes. over sty i es . also hlgh and • s ( 1 Table Oil Cloth Patterns, BOWMANS-Fourth Floor. Neckwear, o0 each- V-necks in cambric. Small orcelain hotel nlatters l' 200 formerly 4Bx formerly Isc to 25c clean- sizes. porcelain hotel platters. 54 inches; limited quantity. ————— lot ' \A7u-* r. German China, lo0 —reg- WOIUCH S L BOWMAN'S Fourth Floor.' ClflTC Ribbon Remnants, 5? yd. reSh fiOr" 0 "" rf "'"'.v 2oc -decorated salad SILKS - formerly 10c to 25c - 1 fun u°j or berry bowls. GloVeS ————— x , ~e nainsook, wide tucked BOWMAN-S— Basement VJIU Vta Domestics regularly 85c- waterproof; BOWMAN'S Main Floor lace trimmings. Silk Gloves 500 pr. set figures on all shades. • Combinations 43t*_ rerr -- originally $1..->0 l6-button Pillow Cases, 121/ 2 0— Shirting and Waist Silks, QUfiCC ularlv 50c and 59c made Child s 75c Swing, length; embroidered arms; f regularly la and 18c —42 or 49e yd. formerlv 85c— biIOES p f nainsook ' cover and size in white, and size A switched S ' Z e S ' Women, Shoe,, ».V pr. with lace Olove. S 5, nr _ 2P « 22 Underwear and ~ Kitchenwares - , Pillow Tubing, 10e yd. Hosiery that formerly sold as high as Notion"! Little Dandy Bread Cut- M| - regularly 17c and 19c - JCIOnS ter, 3,.» -regit ary 3 0c - BOWMAN s-M... Floor 42 and 4d inches wide. Women's Vests, 50 —reg- BOWMAN'S—Third Floor. 5 C Safetv Pins. 2 dozen. 1<" ca P be set to . cut sli ces any ' y Unbleached Muslin, 10e ularly 10c regular and ex- > 5c Wire Hair Pins lc thickness desired; complete —— » ► yd. regularly 15c —4B tra sizes; low neck, sleeve- Drinking Cups, 150— 5c piece Cotton Tape ... le with good bread knife. \ ► inches wide; remnant ' ess - regularly 25c put up in 5c large size bone Hair Pins F ty Swatters. 50 reg- TOYS I*" ► lengths. Children's Underwear, 50 leather case. 2 for 5* ularlv 10c corduroy bound 1v 1 J f , Cretonnes, 80 yd. reg- Garment regularly BowMA.vs-M.in Floor 10c Kohinoor Dress Snaps,. ed K e - China Dishes, 150 set f ». "larly \2 l /ic —36 inches to _rc —vests and pants. 70 Lautz Bros. Naphtha Soap, formerly 39c. f ► ru' cut rorn pieces; Children s Stockings, 50 W SIS II UrCSS Hair Wavers 50 250 package regularly Building Blocks, 250 —•< light or dark patterns. pr.—regularly 12}4c —plain - 39c heavv Dressing Combs, 39c -r 10 cakes to a pack- formerlv 49c. < ' _ Camb ™ Mvrtta, oe yd. b| rnAand rolog GOOdS 1 «,>« age. Character Unbreakable !, ; c . * p, rra | John J. Clark's Machine Cot- Aluminum Ware, .*>C Dressed Dolls, 490 form- '. , Pero.!«, «^ > yd - reg- ton, doaen regularly lOc-lipped sauce- erly SI.OO. f : yd. - regularly Embroideries terns : 36 inches wide. BOWMAN S-M,,. FIOO, pans pie plates and fry pans. BOWMAN'S Third Floor. k ches wide; cut from" full r-, , , _ Batistes, yd. regu- Willow Baskets, \M / ' pieces. tdges and Insertions, 3e larlv 8c fine qualitv; also \ regularly 29c imported; p , nn . ntl! i " Ticking, 140 yd. ree- yd- - formerly up to 25c— yard-wide light percales. Traveling Bags, 38<? round shape. College I odee Hisrh i ► ularly 18c -in blue and FTounc/ne"" vd Nub R amie Linen 5 0 0 —regularly 50c; mat- White Enamel Ware School and Grammar ► white stripes; 31 inches formerlv SOr ?7 ? yd- - formerly SI.OO -,n ting, bound in leather, 100 - regularly be and School Pennants. I ► wide. wide ~ CS wistaria and blue; with brass catches. 19c - pudding pans and lip- BO wMAXS-Third Floor ' BOWMAN'S-Maln Floor I BOWMAV* vm 4a inches wide. BOWMAN'S-Third Floor. ped saucepans. bow.ia. Tnira rioor. BOWMAN Main Floor BOWMAN S—Main Floor • «- BOWMAN'S—Basement * * \ A J *.^^A.A J AAAAA..>>.A.A.A.AAA AA A AAA.A.^^^^^.l.^J the general rule of international law. "From the meaning and spirit of the treaty it really appears out of the question that it was intended to expect of the belligerent that he should per mit a vessel loaded with contraband, foi example, a shipment of arms and ammunition of decisive importance for the outcome of the war, to proceed un hindered to his enemy when circum stances forbid the carrying of the ♦ • • into port if the general rules of inter national law allow sinking of the vessel. "The remaining stipulation of Ar ticle 13 must likewise be considered in this light; they provide that the cap tain of a vessel stopped shall be al lowed to proceed on his voyage if he delivers out the contraband to the war ship which stopped his vessel. For such delivery out cannot, of course, be considered when the ensuing loss of time imperils either the warship her self or the success of her other op . erations. Would Kxpose Ship to Attack "In the case of the William P. Frye the German commander at first tried to have matters settled in the delivery of contraband, but convinced himself of the impracticability of this attempt in that it would expose his ship to at ack by whatever superior force ot enemy war vessels might have been pursuing him, and was accordingly obliged to determine upon the sinking of the Frye. Thus he did not exceed on this point the limits to which he was bound by Article 13. BAKRISBURG TELEGRAPH "However, Article 13 asserts itself here to the extent that it founds the obligation to compensate the American citizens affected, whereas, according to thp general rules of international law, the belligerent party does not need to grant compensation for a vessel law fully sunk. For, if by Article 13 the mere exercise of right of highways makes the belllgirenet liaMe for com pensation. this must apply a fortiori to the exercise of the right of sinking. "The question whether the German commarwler acted legally was pri marily a subject for the consideration of the German prize court, according to general principles of international law as laid down also in Article 1 of The Hague convention for the estab lishment of an International prize court and in Article 51 of the Decla ration of London. The German gov ernment consequently laid the case of makes the belligerent liable for com petent prize court at Hamburg, as was stated in its note of the 7th ultimo. "This court found by its judgment of the 10th instant that the cargo of the American vessel William P. Frye was contraband, that the vessel could not be carried into port, and the sink ing was therefore Justified; at the same time the court expressly rec ognized the validity of the Prussian- American treaty stipulation severally ♦ * • model for the relations be tween the German empire and AmeriCT so that the sinking of the ship and cargo so far as American propertv makes the German empire liable for AUGUST 5, 1915. indemnity. The prize court was unable to fix the indemnity itself since it had no data before it. failing the receipt of the necessary details of the parties interested. Settlement of Points "It will now he necessary to settle these points in a different way. The German government suggests as th* simplest way that each of the two gov ernments designate an expert, and that the two experts jointly fix the amount of indemnity for the vessel and any American property which may have been sunk with her. The German gov ernment will promptly pay the amount of indemnity thus ascertained; it ex pressl.v declares, however, reverting to what has been stated above, that this payment does not constitute satisfac tiun for the violation of American treaty riffhts, but a duty or policy of this government founded on the exist ing treaty stipulations. "Should the American government not agree to this manner of settling thu matter the German government is prepared to submit the difference of opinion us being a question of the In tel pretation of the existing treaties be tween Germany and the United States to the tribunal at The Hague, pur suant to Article 3 8 of The Hague Con vention for the pacific settlement of international disputes. "The undersigned begs to suggest that the ambassador bring the above to the attention of his government and avail himself, etc. "VON JAOOW." 3
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