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only contend (hat (he Hermans hail no
rht (o nliik (he vessel even If "lie was
carrying contraband, but nlso (lint flax
nnd low, (hough on the German contra
band tlfit, ought not (o lie mi classified.
The text of tht German note la ns fol
lows: Ambassador Gerard to (he Secretnry
Ilr.tit.iN, July 30, lnii,
Following note received:
'Unnu.v, July 30, 1915.
"The undersigned has the honor (o
Inform bis Kxcellency Mr, James W.
Gerard, Ambassador of (he United
Mates of America, In reidy lo the note
of the 26th ultimo. Foreign Ofllce
No. 31)00, on the subject of the sink
ing of the American merchant vessel
William 1 Frye by the Herman auxil
iary cruiser Prl.iz Kltel Krledrlch, (hat
the points of view brought out In the
note, have been carefully examined by
the Imperial German Govcrnme.K.
Thin examination has led to tho fol
('Urn Mmitl of I . .
"The Government of (he I'nKed
Btatcs believes that It Is Incumbent
upon It (o (ake (he position (hat (he
treaty rights to which America Is cn
(Itled, nn contained In article 12 of
the rrumdnn-American trenty of amity
and commerce of September 10, 175,
In article 13 of (he Prussian-American
treaty of amity and commerce of July
11, 1799. were violated by (he sinking
Of the William 1. IV c.
"It Interprets these articles as mean
ing that a merchantman of the neu
tral contracting party currying con
traband cannot, In any circumstances,
be dcstroed by a warship of (he
belllcereti( con(rac(lng party, nnd
that the sinking of tho William 1'.
Fr)e was, (herefore. In violation of
the tre.i(y, even If her cargo should
have consisted of contraband, which
( leaves outside of (he discussion.
"The Clerman Government cannot
ccep( (his view. It Insists as here
tofore, th.it (he commander cf (he
German auxiliary cruiser acted In the
fegal exercise of the right of con(roI
of (rade In con(raband enjoyed by
Warships of belligerent nation and
that the (reaty stipulations mentioned
merely oblige the Herman Government
to make compensation for the-damage
Sustained by the American citizens
I ""I( Is no( disputed by (he Ameri
can Government that according to the
general principles of International
law a belligerent Is authorized In
Inking neutral vessels under ulmos(
any condition, for carrying contra
band. ' Hcci.Rlilsril liy IT. 9.
"As la well known, (hese principles
were laid down In article (9 and 50
bf (he Declaration of London, and
ere recognized at that time by the
duly empowered delegates of all (he
nations which pal l.clp.Ked In (he con
ference. Including (he American dele
gates, (o be declarative of existing
International law (see preliminary
elause of (he Declaration of London) ;
moreover, a( (he beginning of (he
present war the American Govern
ment proposed to (he belligerent na
tlona to ratify the Declaration of
London and give Its provisions formal
"The German Government nas la
miiIv exiilnlne.1 In Its note of April 4 I
last for what reasons It consldeia (hn(
the condlllona Justifying the sinKing
Under inlernadonal law weie preseM
In the case of the William P. Krye.
The cargo consisted of conditional con
traband, (lie destination of which for
the hostile armed forces wan to be pre
sumed unJer the circumstances; no
proof to overcome this presumpllon
baa been furriihed.
"More than half (he cargo of (he
vessel was comraband. so (hat the
Ttsael was liable to confiscadon. The
attemnt to bring (he American vessel
Inlo a German por( would have greally
Imperilled the German vessel In the
flven situation of the war. and at any
rate, practically defeated the success
VI llCr .UI.IICI u.ir.iriir, ...u. ...v
authority for sinking the essel was
given according to general principles
of International law.
"There only remains then to be ex
amined the question how. far the Prua-tlan-Amerlcan
treaty stlpulailons mod
ify (hese principles of Inlernatlonal
Trenty nf 178.1. I
"In thla connection article 12 of (he
treaty of 17S. provides that In (he
vent of a war be(ween one of (he con
tracdng parties wl(h another Power
tha free commerce and Intercourse of
the nutlonala of the party remaining
neutral with the belllgerenl Powers
ahall not be Interrupted, but that on
the contrary the vessels of the neutral
parly may navigate freely (o and from
tha por(s of the belligerent Powers,
ven neutralizing enemy goods on
"However, this article merely for
mulates general rules for the freedom
of maritime Inlercourse and leaves (he ,
question of contraband untouched ; the
peclflc stipulations on this point are
contained In the following article.
which is materially Identical with
article 13 of the treaty of 1799 now
"The plain Intention of article 13 la to
stabllsh a teasonable compromise be
tween (he military Interests of the bel
ligerent contracting parties and the
commercial Interests of the neutral
"On the other hand the belligerent
party Is to have the right to prevent
the (ransportndon of war supplies lo
fits adversaries even when carried on
vessels of (he neutral party: on (he
tther hund the commerce and naviga
tion of (he neutral party Is to be Inter
fered w'di ns little as potslhlo by the
measures necessary for such preven
tion, and reasonable compensation Is
lo be paid for any Inconvenience or
damage which may nevertheless en
fue from the proceedings of the bet
I "Article 13 recites the following
means whereby (he belligerent parly
ran preven( the vessels of (he neutral
partv from carrying war supplies (o
his adversary: (he detention of (he
jihlp and cargo for such length of time
ne the belligerent may think neces
aary ; furlhermore, (he laklng ovr of
the war Bloros for his own use, pay
ing (he full value of (he same as es
Mrtultted at the place of destination.
I MiikhiK Not Mentioned.
"The rlghl of sinking ia noi men
tioned In tho treaty and Is therefore
neither expressly permitted nor ex
preasly prohibited, so that on this point
the part stipulations must be supple
mented by the general rules of Inter
national law. From the meaning and
aplrl( of the treaty It really appears
out of the question that It was In
tended to expect of the belligerent
that he Bhould permit n vessel loaded
with contraband, for example, u ship
ment of nrms nnd nmmuultlon of de
cisive Importance for the outcome of
the war, to proceed unhindered lo his
enemy when circumstances forbid tlni
carrying of the (omission) Into port,
If the general rules of International
law allow nlnklng of the vessel,
"The remaining stipulations of ar
ticle 13 must likewise be considered
In thiH light , they provide that the
f-aptaln of u vessel stopped shall ' j
allowed to proceed on his voyage If
he, delivers out the contraband to he
warship which stopped his vessel.
Kor such delivering out cannot of
course bu considered when tho en
suing loss of llmi! Imperils cither tho
warship herself or the success of her
"In Ihe caso of (he William P. Krye,
Ihe German commander at Hest tried
to have matters settled by the de
livery of the contraband, but con-
""THE battle line in Poland, corrected to ujrree with the lntcst Qer-
' man and Russian official statements, shows thnt tho German and
Austrian forces have drawn in nearer to their principal objectives dur
injr the last week. They are now at or near Ostrolcnku, Lomza, War
saw itself, Ivnngorod; they are north of Lublin nnd Cholm nnd draw
ing toward Brest-Litovsk.
So long as Warsaw stands, however, the line will continue to
bulge. Success there will straighten it out nnd shorten the eastern
battle front In Poland about one-half.
VM&r vw 1 v 1
m rr- -r i' a j v i - a
I i - -ataos
IO to JO so
TEUTON ARMIES POUND
WARSAW'S OUTER FORTS
Co it 1 1 nurd roin first noe.
compelling them to make a disorderly
In the counter attacks In the di
rection of Cholm our armed motor
cars assisted In our success.
On (he Narew Illver on Tuesday
we repulse I desperate attacks In the
direction of Kolno and I. mom and
at the mouth of the Skkwn.
Our troops retrcntej to a new front
In the direction of Ostrolenki.
We assumed a coun(er offensive
ensl of Ponlwessi and fighting oc
curred with varying success. Thfre
was fighting on Tuesday along tht
There were no engagement on (ha
llug-'.lotn I. Ilia ami Dniester Una.
I TEUTONS IN IVANGOROD.
,.,. w,er ,.rlN f Porlrraa.
S uatrl.ili Wnr Office.
Sftrial Ca'jlt Dftixtlch to Tint cn.
Vikn.va, via Amsterdam, Aug. 4,
The following offlc al statement was
.llowlng offlc nl statement waa
public by the War Office to-night:
ween the Vistula and the Hug
ween the Mstuln nnd the Hug
udually retreating Itusslane con-
tlnue their reslstnnce. V gluing oc
curred north of Dublenkn nnd Cholm
on (he Sblnka-I.ecznn.Nova Alexan
dria line. On several parls of (he
fron( (he enemy mnde brief counter
viuceil himself of (he Impracticability
of this attempt. In that It would ex
pose Ills ship to attack by whatever
superior force of enemy war vessels
pursuing him, and was accordingly
I obliged lo determine upon the sink
ing of (he Krye. Thus he did not ex- i
ree.1 on this nolnt the limits to which
1( WHS bound by nrtlcle U.
Conipeiisnllou for Loss.
"However, urllcle 13 awierts It
self here to the extent that It founds
the obligation to compensate the
American citizens affected, whereas,
according to Ihe general rules of In
ternational law, the belligerent party
does not need to grant compensation
for a vessel lawfully sunk. For, If
by article 13, the mere exercise of
right of highways makes the bel
Ilgerenf liable for compensation, this 1
inuai ii.'i't) a ii.iiiuri lo ..iu exercise
of the right of sinking,
"The question of whether Ihe Ger
man commander acted legally w.ik
primarily a subject for the consider
ation of the German prize courts ac
cording to general principles of Inter
national law, as laid down also In
Article 1 of the Hague convention for
the establishment of an International
prize court and In Article ."1 of the
Declaration of London.
"The German Government conse
quently laid Ihe case of the William
P Frye before the competent prize
court at Hamburg, as was stated In
Ita note of the "(h ultimo. This court
found by Its Judgment of the Kith
Instant that the cat go of the Amer
ican vessel William P. Frye was con- .
Iraband, (hat (he vessel could not be
carried Into port and that the sinking i
was therefore Justified; at the same I
time the court expressly recognized .
the validity of the Prussian-American
tieaty stipulations seveinlly (omis
sion) model for the relations be- ,
tween the German Kmplre and Amer
ica, so that (he sinking of (he ship 1
and cargo, so lar as American prop
eriy. makes the German Umpire lla- i
hie for Indemnity I
"The prize court was unable to fix
the Indemnity Itself, since It had no
data before It, falling the receipt of
i..- in-, -(., uj .iri.uin ir.'ui ine parties
I'.xi Is lit Fix Inileinnltr.
ll will now be necessary to settle
Ihes,. points In a different way. The
(lei man Government suggests as the
simplest way that each of the two
Government designate an expert, nnd
that the two experts Jointly llx the
amount of Indemnity for the vessel and
any American properly which mny be
sunk with her. The German Govern
ment will prcmptl pay the amount of
Indemnity thus ascertained It ex
pressly declares, however, reverting to
what has been stated above, (hat this
payment does not constitute satisfac
tion for the violation of the Am.i
lean tieaty rights, but a duty or policy
of this Government founded on the
existing treaty stipulations.
"Should the American Government
not agree to this manner of settling
the mutter the German Government Is
prepared to submit the difference of
attacks to hinder our ndvance. He
was unable lo make headway
The weslern parts of lvangorod, nil
Jarent to the left bank of the Vistula,
are in our potseeslon.
The German forces s'tuated on (he
eastern bank of the Vistula, opposite
the mouth of the rtodomko, are again
Between Vladimir-Wolnyskl and
Hoknl we rouled regiments of Cos
sacks. Southwest of Vladlmlr-Wolny-skl
large ftres are visible.
Nohting of note occurred In eastern
FEARS WARSAW IS LOST.
Loudon "Tillies" liirri-Miiiiiilcnt In
IVIrmtrml Tukes iliinii lev. '
JpeW-ir-W, , LTunSts,
I .Avru.v i,,,. -. ,-Tl,,,ru,l,.. '
nrvnilrnt of the Tlmo.
who has been sending optimistic des-
patches about Warsaw and who lecently
losieieii some nope mai me c.ipiiu
w-ouiu .uier .in oe save. , now lenrr .s lo its MCK or errectlvenese (he j which In eKher cisj l wholly Incom
(hu( abandonment Is Inevitable by the Cnlted States will point out that there mensurate.
Russians bec.iuse of t o great Geimannre no Hiltlsh blockading vesels before ' Tlic Krrnliio Sfoinlord sas:
reenfercemcntM on the Narew. He In-1 German Ilaltlc ports, and that vessels "The AniIn-Alli.Tf...li t.nlH h,.u- th.it
I reenf Z rcemcnts on the Jsarew, He In- German Ilaltlc ports, and that vessels
i tlmates that the prolonged attempt lo'fiom Swedish or Danish ports have, so
-u th" rlt' 1V!,H m0"' f"r "a1"' , far na Great llrltaln 1 concerned, unre-
.f ,h(. ,,olw( ,nan for h( Klr.ltCRlc nli..rlcted access lo Germanv and can
vantages. I freely engage In trade with her. This
lie reporis inai i e eviiciiauon oi iaci may also lie cued as proor thai the .. are certain on reflection merl
Hlga by Its civilian ipu atlon I. ......'blockade does not bear equally upon all . " lM' n Vc "X ' ur , o-
ceisllng, though It would be premiture,
he asserts, to Infer from tint th't the' .More particularly, however, the sltua
Itusslnns are to surrender the eit. , (Ion ns regard (rade between Holland
nnd Girmaio and Denmark ami (Jer.
-- - many will be cited to show thai (he
opinion as being a question of (he In- 1 1'!o,ckiulc, '"""a-"'-'- Imposed by Great
(erpre(adon of the existing treaties Hrllaln do not bear equally on nil lieu
be(ween Germany and (he Cnlted trnls. II will be pointed out tha( Grent
Slates to the tribunal nt the Hague. I Hrltuin has no mentis of preventing com
pursuant to Article 3S of the Hague plete fieedom of trade across the Dan
convention for the p.iclllc settlement .Ish-German or Holland-German liorders. i
. n...,,,l.,.l .tlui.tilau ' rl.rntli, .,,n.l, l,i tmllml.A.1 ........ 1 1 t. '
of International disputes,
"The undersigned begs to suugest
that the Ambassador bring the above
lo the nUendon of his Government
and avail himself, .c.
FRANCE DECIDES TO
! CONFISCATE DACIA
Pri.C Coill't HcfllSOS ( Accept
Chnnjre of li;istry of Ship
Diii-f nr Wnr.
Sprn.il ('Mr llrnpotrli to Tin: Sr
Paiiis, Aug, I. The validity of the
seizure of the American cotton shin
Dacla has been confirmed by a Flench
The Ministry of Marine Issued this
afternoon (he following official state
ment The prize court (o-day returned lis
lerlalou in Ihe case of Ihe steamer
! Dachi os follows
'This steamer, which belonged to (he
Hamburg-American Navigation Com
pany, was captured on Februar II",
1SU., by the French auxiliary cruiser
Kurope, The vessel canilol be con
sldeied us belonging tn a neutral, since
K was purchased from (he Senium
owners ilurlng (he course nf (he war.
The prize couit therefore decides Unit
.or i;t...i.ur . inr nieilllier . 'UC.,1 WilS
valid and Just ns an act of war.' "
READY TO APPEAL.
'""'r Mucin defuses in ( redli
I MauoJ'ktte, Mich., Aug I "Frankl.v,
I am not going to believe that Ihe press
rcpo.ts of the decision of the French
court sustaining the selzuie of the Dacla
, are correct," said K. N. Hreltung, owner
, of Ihe vessel, when apprised to-night of
'the notion of the French pilze court.
1 "I do not see row It can he possible."
ho continued, "There Is absolutely no
question ns to our ownership of (he
steiinier. We submitted our proofs to
the best ndmlrnlty lawyers In France.
Knglund nnd Ihe Cnlted Htntes ami all
of them, ns well as our own State De.
partment, assured us that there was
no question that Ihe case would have to
be decided In our favor,
"If the repoit Is true and nn appeal
from Ce decision Is possible we shall
appeal, If nol, we shall again go tn
our State Department, We bought Ihe
hoa(, she is ours. We do not Intend
to let any one hare her If we can help It
I have henrd nothing from our a(.
THE SUN, THURSDAY, AUGUST 5, 1915.
U.S. TO STAND FIRM
IN REPLY TO BRITAIN
Will Not Admit Neutral Mock-
nile litis Precedent In
ANSWER TO HE DELAYED
W.vslttNOTON, Aug. 4. A considerable
.amI...I ii tm tti... Ia nlnnun l.efnrn
. n'n ,11 inn,- ,n unrij , ...i-. ........
(he United States replies (o (he Hrllls'i '
defence of ltd practices .In ln(erferlng
with neutral trade, contained In the
i several notes from that Government
Willie It Is considered ncsir.itue inai
' the Itrltlsh conlendons ie answered ns
nulcldv as nosslby. It Is admitted thnt
(he noles receded will require careful j
l.arliiicnl before tho poles were received '
will lme lo lie unite over again ana
K Is (he present Intention of the Ad-
ministration not to yield nn Inch to the
llrlllsh nrgumenls. While It Is admitted
I inui uie iiriiinu UiivrilllUl'lH una ,,..,;
I nil able presentation of Its case nnd
has offered much reasoning (hat Is pluu
slble, the Administration Intends to stand
firm for (he position It has already taken
In reference to the llrltlsh praetlcea.
It Is (herefore thought wise that the
' IlrllUh Gotermncnt be Informed that
this Is (he fact iw soon lis possible.
Another reason for desiring to expedite
the reply to llrc.K Hrllitln Is tl( (he
Germans aie openly declaring that their
I'nlted States In (he submarine Issue
will be largely govermd by the char
acter of the next American no(e (o
Great llrltaln on (he iues(lon of llrltlsh
Interferences with neutral trade.
Mil) lie llUniipolnled.
There are many indications, that the
i note to be sent (o Great llrltaln on thU
subject will not meet (lie German view
of what that communication should be.
While tho .Cnlted State Is determined
(o adhere to Its contention that (he
Hrlllsh proceedings are Illegal, (his Gov
ernment draws a sharp dlstlncllon be
tween (he coiKroversy with Germany
and that with Gie.K llrltaln.
It Is liehl ;it (he State Department
, that the Issue with Great llrltaln Is
merely a leg il controversy, both Govern-
' ments agreeing as (o (lie principles and
to" t" c.Vu,rorml"tvno I
' with thoprin'les!
i d.sagrec only as
f.rf.llli ItrltUl, net
f.. .1.. .1.. - .'..,.1. . .fc... I
ill in c iiiimit iin ierinaiiy me iai,
ter Government ha. never aatlatled the
1 1 Ui... .i.. .. ...i .
clnie" HimUy th;" .,1,; 're!
t gards the Issue with Germany as one naing enioiyu one c, ... Uu
concerning human life, whereas the con- I lnae when It whs a belligerent and we
Itrovemy with Great llrltaln Involves only I neutrals, can reasonably enforce the dl
property. Ir'l't "I'P"'' pollc at our expense when
Hegardlng the llrltlsh dispute a purely , lh' re overaed.
a legal controversy the I'nlted States Is The ;r,i,,Me makt the rem irkalile
, disponed to consider it oien to treatment
and settlement tiy ordinary legal means.
( Consequently theie Is no reason lo ex.
pec( that Ihe note to be senl Grea(
IliKuIn will have the severe and con-
ilenmalory (one charac(erlilng ihe note
' (o Germany. Least of all will It conialn
any threats or warnings about "de
1 llheraiely unfriendly" ac(s.
One point In (he argument which (he
t'lilted States will make In reply to the
Hiltlsh notes was developed heie to-day
ll win seels to coutiovert the llrltlsh as- '
sertlon that their nrneUce, h. nreven.in
'trade with Germany la neutral coun-
tries are In conformity with the prln-
n.ie. f th.. riui,i r i,i.i,,..i. I
of the rlglK of blockade
llliiel.nili Not Kltrellir,
" is,om? of. 'ne fundamental condl-
be effective and niust beiir
must be effective and must bear eouallv
... n . i.. i. i. ....jr.
recognition by neutrals. The I'nlted
States will contend that the llrltlsh
blockade meets neKher of (hese condl-
German goods In unlimited quantities
t may be suit Into either Holland or
Denmark, while tstth the latter nre
. free, If they choose, to send as many
goods us they like frcm their (eiiltoiie
Th.it fhe Itrltlu i ,, m,lA
or fact. Imisi.srd an Indirect stop on thl
trade nnd practice does not. In the opln -
Ion uf t r State Department, alter the
question of principle nor weaken the con
tendon that the Hrltish are not making
their blockade measures bear (qually on
all neutints and that their measures
i iiiere.uic are ni eniuie.i 10 recogui
don us constituting a legal blnckude.
Wan'l diiilt I'receilenf
(lllkials heie admit that the llrltlsh
aigument Is strong, pnidcularly ns K
draws upcu American practice In (he ahlps have been released, bill are unable
civil war for pieceilenC wi(. which (o)to pioceed from (he German por( of
summit piescut Hrltish practices. It '
Is doubtful, however, If the Cnlted,'
Stales will admit that an exact parallel
exists, ns the llrltlsh claim It doe,
The opinion pievalls here that were the
Cnlted Stales (o ndmll an identity be
tween the American practices In the
blockade of the Confederate States and
troe of (Ileal llrltaln to-day the Amer
ican case would al once he greatly lm-
palled It will probal.l lie contended
that while there Is
between the two set of
c.l ses .. I' ii.ii i-in, us. . ... ,-.u,...eii. - - - , ,. ,.
Identity In principle before the law. ' Ing to And )' and means to if lleve ' Irovers.v by bis cxiHisltlou of Its ele
It ! not expected heie. no matter how te present tleup of American owned I mellts nt lie certainly assures It
-.1.1a ennv nc nc s tne Amer can nren,
inenl from the Amerlcin point of view,
that there will he any uhtiitilnl modi.
. n,.ii., of Hi Itlsh nractlces In fact, (he
J Hrltish In the notes published lo-da
i nK!,et( (heir Intention lo continue the
measu.es complained ngalml The only
coucesilon expected ate those which
may come In particular cases, mine at
the lequest of the Individuals concerned
than nt that of Ihe I'nlted States Gov
Consequently (heie Is a cmwing feel
.ng that the quotlnn and cases In dis
pute between the two Governments nre
likely eventually lo Mud their way In an
International tribunal. The onl alter-
native to this now seen Ih the possibility
that action u Cnngies or other de-
velopmentH In this country may cause
the Hrltish Government lo make some
sacrince In lis presem programme for
the sake of keeping open die I'nlted
States as a source of supply of war
Neveitheles., tlie decision of the llrll -
Ish prize court In the so-called meat
cases Is awaited here with much ln(er-
est. The hearings closed yetterday nnd
derision Is expected on August '.'!!, This
will bo the first decision Involving the
American enntendnns regarding HrUlsh
praedces. While these pirtlcular cWses
lid not arise against Ihe orders 111 conn
ell constituting a blockade, It Is hel'eved
Jt JVlll foreshadow to a large degree (he
attitude of the prize couit toward cases
which have arisen under th blockade
FRICTION OVER NOTE
FEARED IN LONDON
Ki-KIhIi Newspapers Show Irri-
tntlon Over Insistent
St nml of V. S.
PHA1SK (WHY'S A HOI' ME NT
Speilol Cable tinpntth to Tins Si
I-onpov, Aug. 5 (Thursday). The
olllclal correspondence between Kng-
1n,i nn( tne Cnlted Htntes Is com-
mented upon In (he morning i","i,,,l""
In (he HglK of (he edllorlals of New,
viirk newsnaners. wnnse iriemus im
pailson between the llrltlsh and Ger
man notfs Is editorially appreciated.
The comments show some anxiety over
the American Inslslence upon her stnnd-
point, with, In some ensfs, nn under
r.iniil nf Irrltntlntl.
. . ... - ,i I
Tne iimes paniy eui-1-u..s ...
of Sir Kdward Grey, saying: "To main
lain (hat the goods of tha enemy, either
originating there or consigned there,
merely because they pass through neu-
(ral por(s ough( (herefore (o be lm'
mime from seliure l.i In effect (o eay
(ha( Germany can neier oe
n( nil. Is (o cull in an ' ';"0(
suit of depriving us of an Indisputable
" . ' . I... I h I. less
convincing when he pleads thnt Great
llrlmln has used all order III council
leniently nnd carefully.
The T(me fearx that along the pres
ent lines of discussion the Issues will
only lead to an accumulation of Irri
tation nnd pleads for the comralundlng
and buying of American cotton on the
lines of Its recent article. It contends
KW'ff -T'SMi; (he.l
thnt (he preen( llrltlsh policy or nrau
(rouble at all and admits thai u is hi- i u is hoc inr inni reason uiipcrin-i-most
Impossible for President Wllon 1 1e (jliaiiKes In the lawn and usaj-'cs
lo Ignore the outer es of the cotton In-, "
tSreMs. who are agaln.l (he p.oposal. of war have frequellll.v been made.
-The altern.Ulvci are that the Gov
ernment shall do what Is expedient on
its own Initiative nr dally until more
ur"'" representations come from Anw
V. ... , .1 m. i-,.. ..a
.The I'iroMlrlr, suppor h g S r '-J;'
Grev. snss thn( Great HrK iln Is fairly
?"tl led to ask whether (he United S.a.es.
' faith in Prmsh juM.ce ,h.u (hey n,Tgh( ' '" -VHIfA
be asked (o leave all Issues to the l.'l. KtliJland !lscilted to stlell Allier
' present heads of the llrltlsh Government , ),.., InmiviitloilN as exeillplltled In
, H1IU supeiiu iu uisfus,uii iiiuu i.ie MII
The .Slniidiird saa:
"Sir Edward Giey s offer for an In-
,ur.,tnnil rllti.M.il m, hl In .ullufi'
ev.ry re.ieonable sensible American, audi 'l'l innovation or extension of (lie
II Greai Hrllaln now declaree cotton Maw of blockade Is uilllilliortsillt. It
contraband nnd at the same time offers !
"" . ... ,
exporters there would tv little occasion
fo" further friction
',,,'.: , ., ,., ,
The legal Justice of the llrltlsh ac-
I (Ion cannot be d-clded by luiirchanxe
of notes. The ities.lon Involved Is per
fectly capable, however, of constitutional
decision before trlbui.-als, as suggested
KUl.?: . .
i mil inai uruJiuu is nuuKlll lino i
.i.u.. ... .... i i.. ........ ... ...
,n; ,,jie - rta eng.vl by tnirlc-n
' opinion. That opinion, we bel'leve. w'lll
I recognize the gain nnd Ins. Involved
Vre bv no n.ei
Vhe (liuO, sa
between the llrltlsh and
Governments, though erlous.
sltlon and face Germany's brazen vlo-
lotions of International law.'
The Vail Mall n:efe declares that
the corresnondence between th Anierl-
can and Hrltish Governments 11-
lus(ra(e to the Ametican public the dlf-
ference betvv.n Hiltlsh and Gei man
LEELANAWS PAPERS SOUGHT.
llnbnssnilor (iernnl Also
fur German llrpnrt.
Hr.ni.iN (via London), Aug. 1. James
W. Gerard, the American Ambassador
here, has tiled .in application with th1
. Foreign Office, on Instructions fro.u
1 Washington, for the paper of the
I American steamship l.eelanaw. sunk bv
.n German submarine, nnd for an official
I report on the ense. It Is not llkelv that
n reply will be forthcoming fo'r two
weeks, as the submarine commander'.
report probably will not be available.
I lie rriiiurr in li.e auiTicun snips
i ...i r.... -.. I... .
ii.rii.ii.u ...ei iuiif.ur i,j 'tritium war-
ships In ihe Ilaltlc also will be a matter
for adjutment between the American
Fmbassv and the Foreign Office. Hoth
Swinemucnde for lack of fuel
IMPORTERS TO PROTEST.
Consider M 1 1 ii ti I In ii Auurm nteil
The Hrltish notes In leply to tl-e
American protest against llnglnnd
hlocknde of neutral ikiii were the
. chief topics of discussion at a meet-
i l"K yesterday afternoon of the organl-
"i"' lln ' nu'ionn
meic.iiininse in itrrnian nnu Austrian
ports. The meeting took place in the
ofllce nf Chairman P. .1. Cunningham.
The conimlltee concluded (hat the
situation has been eonsldeiahly aggra
vated by the llrltlsh refusal to lift Its
"ll' .'"', ' f 0"1" ""i'''' nm!
destined for American merchants, and
decided to hold a mass meeting of lm
pot tern nt the Hlltmore next week,
GERMAN DOCTOR SAVED SULTAN
Dr. James Israel Performed (Ipcrn
llon Willi Minister's Consent.
Hnn.iN, via Ixindon, Aug, 4. Dr.
.lame Israel his returned from Con- .
standnople after perfoimlng an opera-
don on the Sultiin which probably hns
saved that ruler's life. In (he Taorllntt
to. day he says that the Sultan's con-
tlltlou when he left was quite satlsfnc-
lory and that he was very much lm-
l When he arrived nt the Sultan s bed-
side he found him suffering from gall
siones and chronic affection of the kid-
lieys and prosta(e glnnd, He delayed
i week before delermlnlng (o risk an
operation and then did so only after
consultation with the Ministers when
It had been decided that the Hultun
could live nut a brief time without
Dr. Israel said that h -found condl-
llonK In Constantinople quite normal
and that the Ministers were working
In complete unison.
BRITISH BLOCKADE NOTE
PRESENTS ALLIES' CASE1;
Document, Which Is Here Analyzed in Detail, Called
"The Temperate Appeal Which Disarms Resent
. ment and Conciliates Judgment."
h'l-om Tub Kvrninq SUN of Yesterday,
HtrliMl to tho iHine, llw imunii
(Ions nnd clnlnn of the llrltlsh noti.'
n iv :
1. Illockndo Is nn nllowabln ex
peilk'iit in war.
2. Since blockiidi Is nllnwnble, It I
0Wnhle to mnkc it 'rffectlve.
3 Jf t,(, onj. wny (o r,(llUn. 1( e(.
feetlve In to extend It to enemy coin-
Iliotvc pnsslliK through neutral ports, j
, . , i I. ..ii '
such extension Is allowable. I
4. Oeriii.'iuv din carry on tier com-'
...nr.. thro.iKh tht neutral ports ;
, several countries almost as well as
tlir.iiu-h lu.r ,iun
,i. I Herefore n blockade of her pons
n hino wotihl not he effective.
II. Therefore the Allien (insert the
right to extend ilielr oieratlollH to the I
(jeruinn colllllieive of nelltntl ports.
- , iMu), ( h1mc(.r. v(tl,n U
, ,,, (tlHKtilMi between Hie (Jer-
nmii commerce of iich neutral iwrts
ami their own lepltlinnto trade for
( I the ue and betietK of their own nn-
K. In milking tile extension of block-
inle to the German commerce of neu
tral porix. the Alllce are not apply
ing the rule, formerly Invariable, that
ships nnd Kooda nmnliiK blockade are
ft. Concedln? that the extriiMnn of
- I - lu.de . otilllned an Innovation.
10. The important point is tinit iney
tnuI, to itinte an Aluerlcnu Stale Ie
piirimciit expression, "conform lo the
spirit and principles of the essence of
the rules of war."
11. The I'nlted Stales Government
lias freely mnde Innovations In the
law of blockade within the above re
striction but regardless of the views
or Interests of neutrals.
lli. On the whole these Iniiovallons
were of I be sji tne p'ticrnl character as
the Springbok case.
1-1. The contention that (here Is a
lack of written authority for the pre-
Is the function of w tilers on Interna--
f..i.,iii.,i ...un,,,, ,,-i
1 1 loli.il law to folinlllilto e.MMlll-' prill
clples and rules and not lo Invent or
dictate alterations adapting them to
lo. The preeut iuoillleatlons of tile
' old rules of blockade lire consistent
! "ltl. the .'elieral principles on Which
ah acknowledged right Is based.
lit. In i heir application nil uniiec
eary Injury to neutrals Is avoided.
17. Thetefoi'o they are not only Jus
tilled by the e.l;:euele of the cae
but can be defended as In accordance
with seneral principle which h;iu
been approved by the Government
both of the I'tilled Slate mid of
111 a controversy between the Amer
ileal) mill a forclgii iovernnieut It
would be Improper lo e.MUV any mr-
I i.. , .. i
'lnai.i.eu ....... seme, , o. i ...
, our atitiiKoul! . position, i no Mute
' I icpnrtllieut H (he proper agency to
' pn. upon the extent to which Hie
' trillion may arrive at will bind all
I loyal citizen, so far a Great Hiitaln
!, ' i mm....... ...m i... .... .Il,..l.,.l
; 1! 'cc.i,.-u.
nation ns repiHi our nej.'oiianon
' with (lie Allies nny more than ill our
tli'iillnc Willi (termany.
There I nothing objectionable,
however. In .iylni: that the Hrltlr-'.i
message Is apparently an honest en
deavor to argue the case from Iwslc
fact and principle) by logical me! li
lt commands absolute repect
, . tt,i-i. ....
as a presentation nf the Urllluli oi
Allies case, It niilke no Claim which
, . ..rriv.iits
"in mi iiiiiii... ......... . ... .
the sense of natural light. It makes
; 111) ll!imilg llllisl II. I I III: .Ullir.
1 or sale of honor, and It resorts to no
! Hick or evasions in the way of sag
I j:oted compromise. It oel;s In no
way to enlist t Ills country as an
auxiliary lo Ihe Allied caue under
sham pretences of humane Interven
tion. We are far from saying that Sir
Kpwakp (iiit.Y wrlle ilnls to Ihe con-
continuance within the bounds of
(Unlnuiatic representation and legal
argumentation. Ills Is not so much
the soft answer that turnetli away
wrath but rather the temperate ap
peal which disarms resentment,
amuse Interest, awakens considera
tion aud conciliates Judgment.
The American eagle has by this time
discovered that the shaft directed against
him by Sir IMwnrd Giey was feathered
ti'ltl. I.t r.wn nllitmi ire. Tn in.nl nn.
1 teizu.es and our own court decisions H
rel,inlns to be seen whether out of
stramla plucked from ihe mane and (ah
, ()f tne, ritlnh lion we can fnahlon n bow-
Hrng which will give effective momeii.
. tum to a counter boll launched In the
general direction of Downing Street
Cpon that our answer will turn, upon
! that Its success will depend,
We nre discussing questions of law,
i and Ihe prize law of (he (wo cnumrles Is
the snme, If we can show Sir Kdward
that he misapplies the principles of oui
decisions or If we can cite llrlllsh de-
clslons or Hrltish practices contrary to
his present nigument we mny be able
to place Great flrltiuj In the position of
'she has placed us. It may as well he
admitted that the notes are very uhle,
I,e.y ekllfully drawn and that (hel
preparation of a convincing reply will be
dinicult, a (nak (hn( will pu( to the test
Sir. Ionising s legal resources ami i-resi-den(
Wll.tm'a capnclly for presen(a(lon.
Great llrltaln nnd Germany have
alike been lawless In Ihclr treatment of
neutral commerce, although the offences
differ greoGy In hind and In degree.
Gren( Hrllaln has msasacred no helpless
neutrals and nou-combatanls. llrltlsh
i.ii'nl iiitmiini!,fM hnvn slink tin hetltral
Hlul u,mr(lyed no neutral cargoes.
The llrltlsh Government In Its blockade
practices has disregarded law. The
German Government has disregarded
both law and humanity,
rf,?V!lleVlh?.,,!l"'l: "'L'1,'!!'' .f.LV'nmwlrrui
f t,H neutral notloiiH and ns (he
' nne iMiimhlp rhuinnlon of neutral
'one capable champion of
. . . . h.iK.rM,u
Ktr;f.tr. , ni.count. If l( concede what
Great llrltaln tiskH It must in jirlucipie
k""0'1' "''I1' . H'r,,la.n?.Jl.H: ."iVn-'l-T.!!
B bound to respect.
That Is what It
all nnnes to.
Great llrltaln Is morally
Incapable of Ihe barbarous and murder
nils methods by which Germany sccka
(o terrorize (he high seas In no way
esdibllshcs (he legality of the HrKlsh
Plainly (he llrlllsh nolo does no! mee(
and cannot sadsfy American demands.
Hit ween American and l.'ngllsh Inter
preladons of Inlernadonal law and
precrdeni there Is n wide gap. Indeed,
In a whole range nf questions It Is nl
most necessary to recognize thn( law
and precedent alike are lacking.
The llrltlsh note Is friendly In tone,
but not more friendly (linn Ihe losl
German note It does nc.( dear awny
any obstacles. ; It does nolhlng more
than Mute n llrltlsh point of view,
which will not be aciepted by (he
I'nKed Sta(es. Hut II does open (he
way (o Ihe ultimate seltlement of dif
ferences either directly by diplomacy or
Indirectly by reference to a lourt of
. MvrnliiR Mnnts-ZelttniK.
Thus speaks the master of Hie vessel.
Courteous ) es, courteous are the note
that Sir Kdward Urcy after (hiee months
ol contemptuous hesitation send lo
U ashlngton. Arrogant, like a genuine
Hrlton who ricogmzis noth'ng as right
save his own opinion.
And the llrlllsh note Is written with
(hat guld ug motive that has character
ized llrltlsh statesmanship never more
than liglit now In the tone of hypoc
That Great llrltaln would not yield
nn Inch In any point waa to be expected.
The moiithploce of llrltlsh Interests had
been laboring for weeks to prepare the
patient American public through col
umns of sophistries for the realization
that Kngland, "our dear friend." could
not do otherwise; thai Knglaud really Is
entirely In the right, and the American
mereh.ind". (he cotton growers, (he mea(
pneker. are really entirely w.ong In ex
pecting from an Kngland that she would
respect American light even a tiny bit.
Grey could have put his answer In
three wonls. "Nolhlng dolus. Sam!"
That would have been clear and com
prehenlble. America well deserved
such an mister, for of fU tally Hi least
and through Its Anglo-American pre,
II has been playing the "obedient ser
vant" for mouths
Not dial we are going to or want to
threaten with war, as Germany was
threatened with wnr. Hut (his HrKlsh
nnswer. which Is no answer, will whip
Into glar'ng tlames and the laborously
suppressed bitterness and resentment
over Knglanil s disregard ami nign
The signs are Increasing by the hun-1
dreds: America's ee have been opened.'
Gradually a light may dawn to the gen-'
llemen In Washington and they wilt
wake up lo realize that sable rattling
sharpness toward Germany while we
i raw I on our knees before Kngland Is,
not after the taste of the whole country.
Tht- c orl.er llerold. ,
The llrltlsh notes Indicate clear! a,
epm Impudence an 1 of arrogance to.
..ward tile I lilted Mates 'We do as we
reu-ardless of international law
n we have done so far. What are vou
going to do about it" Take your profits
out of the orde s for war nriteii.il we
place wit i ou and be satisfied This
Is In short the tenor of the Hrltish notes. I
EVENTS IN THE WAR
ONE YEAR AGO TO-DAY
Geiman tioops cross Helgtao
fron'.er ( three points and begin
concerted attack on I.elge VII
lages of Vise and Argentean burned.
French nnny Joins Helglans nt
French and German Iroops mee( In
Important skirmishes on French
frontier, belween Toul and l'plnal.
l.oses heavy on both sides.
French warships In Medllerrnneau
sink German light cruiser Punlher.
Great llrltaln calls for volunteers
and an expeditionary force will be
sent to the Continent. Hrltish ships
sink German converted cruiser
Large numbers of wealthy Ameri
can tourists returning from Kngland
In steerage, ns no other nccommoda
dons nro available
Albert, King of the Helglans, calls
his people to arms to repel the In
vader nnd announced thnt he will
tnk din field at (ho head of his
Three money savers
Special showing of fine Summer shirts usual!-,
priced 4, 3.50, 3.00 fit 2.50. Soft and itiii
cuffs sizes to 18.
Straw Hats -reduced
2.00. Sennits, Splits
Men's Summer suits
28 and 25.
IN GRAVE DANGER
Italians Steadily Envi-lupin;
Two Strongholds of (inritz
Al'STlMANS NEED MUX
Sprclnt ruble rfitotch to Tut
rioilK. Aug. 1, AU'trlan for.
repiMted and tery vlnleni con 't
lacks (o-dny ag.ilnsl (he ilgi
wings of (he Italian armies, wn i r
steadily enveloping the Isonzo loiirr..,.,
of Gorltz and Tolniino, The i,:. .
of the nttacks Is donlitte"-; fie ;rn,
danger of the Ausdlan g.urisi ,,
being cut off, hence while t e Ail" r,.int
nre compelled to hold their pojumi- i
prevent the Immediate occupatloi, of T '
mlno aud Gorltz they are vainly -it-iv
ing to check the advance, w I' ,
of avirllng the Investment of t ic . i
Meanwhile the AiiMiian on ,i
are calling for reenforceineni- i - .
needed (o organize (he sieon.l ... ,.
fences, wince otherwise the Italian em
eral ndvance would become a r't;i ', ,
va!on on a very huge s-.iie i
Italians 'ive brokm dow , im
The olllclal communique Issue tn ih.
War Ofllce last night vwi.' a f. '
Our heavy nrtlllery su -sful'y
bombarded the wtatlon of I!,." i
the Vnl Silgiin.i,
On the Carso Plateau the c of
Augll't 3 was tranquil In th.
Ing we Ivimbnided Infantr) .n
inar ' .Mnrcnidni and also " u .
matching betwein Kubl.la u.i.i !
berdo. Our ndvance was leMi.ue.l hi
Ihe centre, while our left priui--1
slowly and our right was eo,.",i i '
loldlng Its position. The fwuv 'uf
fcred healy Ioses In n va n a't'iiut
(o retake Mon(e Del Sel Hue
Vleiinn Sn Itnlliill l-'nlled to linlB
Sptrtal Cable Prtpalri to Till. l
ViKNNA (via Amsterrtam) Aus I
The following ortlclal statement . oi e".
Ing the situation on the Isali.r t ni
wa made public to-night 1" Ii' W if
Several attacks of the eneiaj . e
legion of Gorltz, on the nice of i
plateau, were repulsed last night
Infantry of the enemy made M"
attacks with the b.oonet ac .(
.ornussla and ast of Polaz. H
were repulsed with heavy losses Ir
the afternoon the enemy aiteinp'ed i"
attack during the rain and imsi d 'r,
our positions on .Monte Del Sel Hu'l
aftir violent artillery pieparat on?
The .mack was repulsed.
(in some sectors of Tyrol and on 'h
Carlnthlali borderland there were I ve.
Ij artillery engagement Tile lnfin''y
attacking Zellonkofel has retreatel
to the western side of the hill u:drr
the tire of their own artillery
The attack by two companies of C-f
enemv against (he fronller hrlrtse
south' of Schluderbaeh and strong
Italian attacks against (he Col dl I.ana
94 BRITISH SHIPS SUNK.
.Inlj 1.11 ' Losses Includes 411
( Insses Toiiiuiue 71,117.
Sfrrinl fnbtr linfitci to Tur. Si
UiMkin. Aug. ( Tl e Hrltish s.i :
II claries sunk In duly totalled n-
four, according to a bulletin Issued
the Hoard of Trade to-na. i ae - 1
. tonnage was 71,117. With (lis .
I e(ruc(lon He. lives were lost
' The list Includes slxtem ea!" "g '
, and forty-sK steamships sunk in .
man wnrsnip., ami mur mi.'"" i'
URGES GERMAN NAVAL BLOW.
l.oknlnnselurr" I rllle n Nnlloa
Is nt Satisfied.
Spfaal Coble lrpnteh tn Tne f
IaiNPON. Aug. I. A riceM i- '
the .ol (Willi :clyrr of Hi rlin
here contains an article by Cai ' K
Wetter. Its naval critic, m pa it a- '
We are not entirely s.itll l
1 what has been acliievcd in
i because It does not reach the
enemy nor deal a smashing Mow
mailed fist We hope the w u
"When Kngland perceives . .
shopkeeper calculnllon of . hi at vv tr
false, perhaps, nf(er all t. at w 1!
the gieat hour to strike"
' RECORD CARGO ON ADRIATIC
I IS.OOO Tons Wnr supplies mid IT
I sinerlcnns ( nrrle.l.
' The While Star Pner Adr'.i' E
est carrier of the White S'ar "e, -
'several hurs late yeslerd.o af-e
because of the great quanfv r' "
material, which filled evin t i
space In hold and on deck
:no automobiles and flft i"1 ' " n
her record vvar cargo of i.ei-'v '
Among her thirteen firs' -i' '
sengers Is Commissioner I'hv I ' '
of the Salvation Army. wh.. ' "
establishing territorial sudors
ada There ar three American " '
In the econd cabin of ihe Adr'
twelve American mechnic r
age. She also has t'.v. An". 1,1
F.nvnj'a llri. .o lie Vrn
fptriol I'nbXi flfpilr'i M V"
PAnis. Aug- I -Ihe eves
can Ambassador Sharp air c
so much trouble thai hi
ordered him lo 'ake a ret
gesteil that he go to Dcanv"
stead Ihe Ambassador has I
lake a motor trip to the
concentration camps throus'
from 3.50, 3.00
reduced from 32, 30.
& Fburth Avenue