The Independent. (Cashion, Okla.), Vol. 8, No. 7, Ed. 1 Thursday, June 17, 1915 Page: 3 of 8
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THE CASHION INDEPENDENT.
1
SINKING OF FRYE
HOLD RIGHT TO DESTROY ANY
VESSEL CARRYING WAR
CONTRABAND.
PROMPT PAYMENT IS PROMISED
Von Jagow's Latest Note to United
States Makes Sweeping Clain-s
But Agrees to Settlo
in Cash.
Washington.—Germany in a note
Dn the case of the Wm. P. Frye, an
American ship sunk by the Prinz Eitel
Friedrlch has informed the United
States that it interprets-the Prussian-
American treaty of 1828 to mean that
American vessels carrying contraband
can be destroyed. Payment is prom-
ised for the destruction, but the right
lo destroy is asserted as a logical in-
ference from the language of tha
treaty.
In reiterating that sTie stands ready
to pay damages for the losses to
American citizens occasioned by tk«
sinking of the Frye, Germany insists
that a prize court must first pass on
the legality of the capture of the ves-
sel. The argument advanced by the
United States that a prize court is un-
necessary since compensation is prom-
ised whenever there Is a violation of
the treaty of 1828 is rejected. The lia-
bility for the sinfiing or the Frye i3
still admitted, but Germany contends
the case was not a "violation" of the
treaty.
Just what the reply of the United
States will be is not known definitely
but in official quarters it is consid-
ered certain that the American gov-
ernment will not acqu esce in the new
interpretation given the treaty by
Germany. Under the general prin-
ciples of international law the right
to destroy a prize if granted only in
extreme military necessity when the
*argo is certain of condemnation and
officials here contend that the Ger
man commander who examined the
papers of the Frye did not have indub
Itable evidence concerning the char
ecter of the cargo.
The text of the German note which
was received by cable from Ambassa
dor Gerard follows:
"Foreign Office, Berlin, June 7, 1915.
"The undersigned has the honor to
make the following reply to the note of
ois excellency, Mr. James W. Gerard,
ambassador of the United States of
America, dated April 30, 1915, foreign of-
Sce No. 3,291, on the subject of the sink-
ing of the American sailing vessel Wil-
liam P. Frye, by the German auviliary
truiser Prinz Eitel Friedrich.
"The German government cannot here
*dmit that as the American government
assumed, the destruction of sailing vessel
mentioned constitutes a violation of the
treaties c<jficluded between Prussia and
the Unite<r States at an earlier date and
now applicable to the relations between
the German empire and the United States,
or of the American rights derived there-
from. For, these treaties did not have
tbe intention of depriving one of the con-
tracting parties engaged in war of the
right oi stopping the supply of contraband
to his enemy when he recognizes the
supply of such as detrimental to his mili-
tary interests.
"On the contrary, article 13 of the
Prussian-American treaty of July 11
1799, expressly reserves to the party at
war the right to stop the carrying of con-
traband and to detain the contraband. It
follows then, that if it Cannot be accom-
plished in any other way the stopping of
the supply, may, in the extreme case be
effected by the destruction of the contra
band and of the ship carrying it. As i
matter of course, the obligation of the
party at war to pay compensation to the
parties interested of the neutral contract-
ing party remains in force, whatever be
the manner of stopping the supply.
Subject To Prize Court.
"According to general principles of in-
ternational law any exercises of the right
0f control over the trade in contraband is
lubject to the decision of the prize courts,
even though such right may be restricted
by special treaties.
"At the beginning of the present war
Germany, pursuant to these principles,
established by law prize Jurisdiction for
rnses of the kind under consideration.
The case of the William P. Fyre is like-
wise subject to the German prize Juris-
diction for the Prussian-American treaty
mentioned contain no stipulation as to
how the amount of the compensation pro-
vided by article 13 of the treaties cited,
to to bo fixed.
Tail Wild, at Least.
A timid little girl stood looking out
ef the nursery window and called to
her mother: "Mother, mother! Here
is a wild dog."
Her mother went to the window.
"Oh, no, that dog is not wild; he be-
longs to the man who works across tli<j
street, and is a nice dog," she said.
After a moment's thought the child,
Unaccustomed to dogs, replied: "Well,
his head may not be wild, but his tail
Is awfully wild." —Woman's Home
Companion.
Much More Important.
"I understand you are the press
agent for the college girls' play?"
"Yes, I'm getting out some of the
stuff."
"What are you working on, the cast
of characters?"
"Cast of characters? No, no I No-
body cares for that. This Is the list
of patronesses."
Sarcasm in the Box.
Judge—Then when your wife seized
the weapon you ran out of the house?
Plaintiff—Yes, sir.
Ambition is the yeast, that causes a
man to rise to the occasion.
Plaintiff—True, your honor. May-
be she picked up the fiatlron just to
smooth things over.
The Usual Way.
"Ever play golf?"
"Only in a cursory way."—Philadel-
phia Bulletin.
The man who feels that he Is a law
unto himself always respects the law,
The fool seldom seems to hear the
answers to the questions that he asks
MANY MEN ACT LIKE THIS
Old Bill Shiftless Has His Counter-
part In Many Loculitles Through-
out the Country.
"Old Bill ShlftleBS dropped into
town last Saturday," the Osborne
Farmer reports. "Bill went Into one
of the stores and asked for some crepe
tissue paper. His wife had asked him
to get some so she could make a few
little ornaments to Improve the looks
of the front room. She wanted two
colors and Bill found that he would
have to take two rolls, as the mer-
chant would not cut It. They cost 10
cents a roll. Bill refused to take It,
saying it was too darn much money
to pay for such useless stuff. He then
bought a dollar's worth of chewing to-
bacco and a half-dollar's worth of ci-
gars and went out to see what the
chances were for 'chipping in' on a
consignment of Kansas City jug house
booze. Bill wants to go to the San
Francisco exposition. His trip to St.
Louis did him so much good that he
thinks he owes it to his hoalth to take
this trip. Mrs. Shiftless would like to
go, but Bill says he can't see how sho
can get away, as there would be no
one at home to look after the stock."—
Kansas City Star.
The Weapon.
"Why didn't they fine Doctor Dern-
burg for talking so much?"
"If they did, 1J. ought to have been
with a Maxim silencer."
The Facts In the Case.
Who struck Billy Patterson?" asked
the law examiner.
"An arrest was made following the
assault," wrote one student, "and tha
magistrate held the accused for tha
grand jury. An Indictment followed,
and when the case came up for trial
the accused was convicted. An ap-
peal was taken and the argument will
be heard next fall. In the meantime
the accused has been released on
habeas corpus and has established an
alibi. Billy's chances of getting dam-
ages are Just 1 to 193.427."
The examiner predicts that the man
who wrote this will be one of th*
shining lights in his profession.
Literary Note.
"I see," said Dobblelgh, "that in a
recent volume of essays Henry James
says that Zola lackod taste."
"Lacked taste!" echoed Bllkins.
"Well, I like that. Why, I read one of
Zola's books some years ago and I
haven't got rid of the taste of It
yet."
A Poor Choice.
"Which one of the Itoblnson twins
did Jinks marry?"
"I don't know. Never could tell
them apart. But Judging from Jinks'
woebegone expression since he got
married I'm inclined to think it was
the wrong one."
Cheer up, girls! Leap year is only
eight months away.
The way of the transgressor is not
only hard, but blamed slippery.
Speed Indicator.
"A speedometer Indicates how fast
one is going."
"So does one's bank balance."
Children whose parents are addicted
to nagging are entitled to lots of sym-
pathy.
Makes a Healthy Appetite
"One foe Breakfast-
4
M
/l
and One for Work"
LOOK for the man
l who eats Grape-
Nuts, and relishes his meals,
and is keen and fit for a
hard clay's work.
Grape-Nuts
FOOD
is made from whole wheat
and malted barley with all
the essential mineral phos-
phates retained.
A 10 days' trial of Grape-
Nuts may show how to
make yourself fit to do things
that bring money and fame.
"There's a Reason" for Grape-Nuts
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Barnard, W. F. The Independent. (Cashion, Okla.), Vol. 8, No. 7, Ed. 1 Thursday, June 17, 1915, newspaper, June 17, 1915; (https://gateway.okhistory.org/ark:/67531/metadc107245/m1/3/: accessed June 8, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.