'f hi . -I" GET THE MOST FOB TOtm MONET 'By reading the Bniineu LoeaU la The . Moxnlua; : Star Many bargains appear daily., ","'. v ' " - " VOL. XCV-N0.146. WHOLE NUMBER 39,136 -I COMMANDER OF PRINZ EITEL GIVES: REASONS FOR SINKII fj. sSsMlP XW0 Statements, Both in German, Dealing With Sinking of American Sailing Vessel and Length of Time Converted Cruiser is to Stay at Newport News, Handed' to Collector of Customs HamiltonCrews , of Other Ships Discharged. XeWpori. News, Va., March 11. Com- ' Bander Thierichens, of the converted "miser Prinz Otel Frlederich, which today went into dry dock for re pairs, submitted two - statements -in German tonigrht to Collector of Cus toms Hamilton, of this port. One stat ed his reasons for sinking in South-At-ntic waters, January 28 last, the American sailing ship William P. Frye with her cargo of 5,200 tons of wheat consigned to Queenstown. The other related to the length of time that will be required to repair his ship. Collector Hamilton announced, that he regarded the answers of the (German commander as state papers and that Be would forward them to Washington. It was learned, however, that the com mander of the German ship frankly has tated to American government offi cials that he sunk the American ship Frye because he regarded her cargo as contraband of war. v May Leave Within Week. -In the communication relating to the repairs necessary on the Eitel Frieder ich it was believed that the - German commander stated that the vessel could be made teaworthy within a few days or a week at most. Whether he stated in the communication that he wished to depart as soon as American , naval authorities could pass on repairs that are to be made, was not disclosed.-The "German commander previously made it clear, however, that it was' not his in lention to intern his ship. i - ; As to condition of the Eitel Frieder ich it was reported that whereas she had been making 13 knots an hour at the beginning of her historic wrecking: career of merchant belligerents in. two 'oceans, she scarcely dared make 12 when she reached American"" w'aters early Wednesday morning. ' After the German cruiser went "into dry dock tonight she discharged i the crews of British, French and Russian ships she had sunk, having released the American crew in the afternoon. The French crews left late tonight on the Old Dominion Line for New York. A few Russians went with them. - The British crews plan to return tO' Eng land on British ships laden with horses from this port. t Commander Thierichens assured offi cials here that neither he, officers or men of the Eitel Friederich. would set ' foot on American soil except - on offi cial business. He made this statement to Collector Hamilton after stating that it was his intention not tolintern Ms ship. In the Newport News shipyard to night the released sailors of British ships, after receiving their kits, march ed to the street cars, singing "It's a wng. Long Way to Tipperary." Reason for Sinking Ship Commander Thierchens of the Ger man auxiliary cruiser Prinz Eitel Freiderich agreed late today to deliver n writing to the American govern ment, through the collector of the port fere, his explanation and reasons for sinking in the South Atlantic ocean the American sailing ship William P. n'e. He also, agreed, after Collector of Customs Hamilton had boarded the wrman merchant-marine destroyer nd submitted neutrality requirements 01 the Washington government, to -wmmunicate an estimate of . the amount of time that would be .re--jmred to repair his ship, at the same "me stating that it was his desire ot to intern his vessel but to pro as son as repairs could be made, nicn would renew seaworthiness of we ship. . .. Jo the request of the Washington swernment that he land here the am?S.f Cat,tured. and sunken vessels vj . SUcn Passengers as could comply & immigration regulations, the Ger- mti ' ' TOinmander i the Ameri can , ship Frye was te- in the afternoon and ar- rangem- Istp r . ,v'" inaae ior laKing vil "tilth' ami I,, ..- nlt. crews of British, e.,,,, " iu.isittii snip s sunk in the 1 n Kitl lcreiflpicli hr shin ?teame(1 irito the Newport News ship ;"J a,1fi went into.drydock where con.i t- s:ui an examination, of her 10n- Held on board were about I- pfenov, " passengers or - tne !"H SteaiilPr PlnvWo rofnaiul a r lhe 'mimgration inspectors-on thes! of in Visibility. Consuls of 8 e P'sengers will arrange as soon lis uf f: for their departure 'to El rSinn -new rk- and for their Wh., e,v Mak Statement. frvP k , , er,nv of the American Jship toti,a "5C"" landed, they were taken . l"8 CUS trim 1. . CUtOniS Tl nil cm nr. I n .4 onrm.M -leiilf-nie the 1 Clrcumstances attending o? tho , lue smP January 28 last Hattc 'k the fi Collector . Hamilton tatements and also prepared Joint tfc mpm'i. ary of conditions which icn-arrimbers of the crew signed to be Thev to Washington . tomorrow. "There I,ot made Public. .... 9!" the 6 Was no conflict of -testimony cumt eni'Jtl's f the crew as to the ""ir,Jet inr,an''eH surrounding the de kailron S the Frye" saId Collector 7;th ti, ' , "1Kni- Ait wev in lrne la given by master : of a? b!o- saia mat nu.sup '? a ,.. "': '! with her cargo of wheat : '--ei, ,;eilSl"w n after the crew : had H,.-. ieU to board the Gernjan - J ,w" members ' of the Frye's iiey .;: lh. Kitel Freidrich today. ir:'ik 1 J"rr"an subjects, Charles e!fl -D;.'i !!i 'tohert Rogge who - were o- ,r,.lTTaiIler - Thiechrens be Jarrnsi321' 'illLy for service in Ger- cor,- " i!l'!Se men made no request 4. i l ericau soil, willlnerlv re- !IM. mained on board the Eitel Freidrich and were pressed into service. Almost Sank Cruiser. ' t 'Members of the crew of the Frye and officials of other sunken ships to night revealed more thrilling stories of the Eitel Friedrich's marine wreck ing career. Captain J: Wedgewood, of the British steamship Willerby, sunk February 20, leaned against the marble side of the United States customs house and described how he narrowly missed sinking the Eitel Friedrich with her crew and scores of his own coun trymen who had 'been captured beforei "The German ship was almost on us before we discovered her," said Captain Wedgewood. "We were going full ayeea aneaa ana tne Friedrich was- coming full speed, about to ram us broadside. She hoisted a signal for us, to ; stop. I kept right . on bujt swerved and tried to claw around her to get -by. -I soon saw there was no chance, for the Friedrich also swerv ed toward our stern. Instantly I saw" my chance to ram her and gave the orders "reverse the engines and give 'em hell for all you're worth." "I thought I had her. We were soon going full speed astern and it seemed we could not fail to strike. We saw me and women wildly motioning. They seemed hysterical. Little did I know that there were British, French and Russian prisoners aboard. I only thought of the chance to ram and sink the enemy and take to sea in our own boats rather than take a chance at res cue after the collision. But the, Eitel Friearich missed the crash by only a few yards. ' ; . f; Was Ready to Leave, "Yes," spoke up A. E. Dobbing, mas ter of the British ship Mary Ada Short which had Jbeen sunk' two days before, "and while you' were doin'Vthat,'r vtras port v holes, sure- V you "were gping" t6 j nit as. i measurea tne port wa ta.iu myself, 'Oh, when, she hitsy J can' jump through this; he's going to sink us sure, as death,' but he didn't sink up." Jack Macey, of the crew of the, Frye, told of the sinking of the French Flor ide." "She was full of Champagne and other wines and you should have . seen her burn. The Friedrich' steamed." away and came back two hours later wheh she broke out bright again. Then we scooted for the -Friedrich was afraid of the glare and had heard the wireless of a . British warship not far away." Other officers and men told how they had. signed papers not to participate further in the war against Germany on the understanding , that they were to be placed aboard neutral ships! "We sighted : 38 neutral vessels but not one was spoken by the Eitel Fried rich." said Captain King, of the Brit ish sunken sailing ship Invercoe. "Ev ery time a neutral ship appeared, we all were put below hatches. When we were' approaching ' the "Virginia Capes V we were in the hatches and German officers said to us: ."Don't be frightened. If a British cruiser sights us, stay down below. We'll return her fire till our mast head sinks." , Gay Spirits Aboard. -When Collector Hamilton soon after noon went aboard the Eitel Friedrich, tne rust-streaked hull and blackened chimneys of the cruiser concealed a contrast of gay spirits that even tne stiff regime of -wartime discipline could not repress. ' - When officers came on deck, flushed from; the banquet table of the' captain who was celebrating his birthday, there was no sign 'of -fatigue as they mechanically slipped into their round of duty. Behind the dirty black shields that conceal - the i cruisers auxiliary guns the crew were at work polishing the shining - breeches. The deck of ficer in, his worn but neat uniform swung back and forth methodically and everything bore out tne captain s curt reminder to certain strangers who wished to board, "this is a warship. We cannot permit visitors." ."For my part," said one of "the ship's doctors, "I wish we were- out again. We could put a few more of them to the' bottom at least." '" Thelt the harshness suddenly went out of his voice and; his eyes that had been angrily staring at a Union Jack farther "up the. bay, filled with tears. "Seven and a half months at sea," said-the big Bavarian, "and I don't even know whether my wife and little girl in Munich are alive. And my two brothers, off icers," then he added, "war time is not chosen.""" - ' As the sun was setting the -crew of the Frye left, their friendly prison ship for American soil again and men on both boats che.ered. They had al ready been preceded by the wife ,of Captain. Klehne, her two boys and a German canary, the gift of the Fried rich's commander. - -m - " Many- Times In Danger. The silent path of the Eitel, which one officer today declared to be longer than any1 a ship of war ever traced, was crossed by a web of varying wire less messages that had to be received but which -roust, go unanswered, ac cording to the description of one of the men. - -; ! ' -"The one ;messajge that made us laugh -was to hear i we", .were sunk agaiA said : the marine. "When we were in the f Pacific we heard we were sunk off Patagonia When we round ed the Horn we heard that we toad been lost in the South China sea."- ; , Other periods of "listening in,' gave lif e: saving tips to ; the fugitive , ship, "it--' was' explained. : x ". : - "?;f"-'-r- we were after a big British sailing vessel " tho" - sailor continued, v "and yee in a fair way to get her .when we heard - the Karlsruhe' talking.no - us. (ponUnued.on Page ; Eight) ; ) ' -. - - --"-." ""'" . .. . Washington Urges Necessity for Railway r Communication. ASKS ABdr 5 SPANIARDS Report Thnt I - C Had Been Killed In Mexico ' ej "osether With a SwedisT ' ttject Cause of Ordei Investigation. Washington, March 11., The United States today sent another note to Gen eral Carranza, in reply to Ris response last, night to the tnotice that he and General Obregon would be held per sonally responsible for .the safety of Americans and other foreigners in Mex ico City". ' This latest note is understood to have emphasized, the importance of keeping railway communication open between the capital and Vera Cruz. It was dispatched so quickly after the receipt, of Carranza's reply that the im pression prevailed in diplomatic quar ters that the United States had deter mined' in advance to make representa tions for the unrestricted passage of Americans and other foreigners from Mexico, City "to "Vera Cruz. " Carranza's note" produced no " formal comment. Insofar as it gave assurances of an intention to protect foreigners It was regarded favorably. Carranza's denial that General Obre gon had intended to incite the popula tion of Mexico City or to prevent the entrance to the capital of food supplies, was followed' in the note which went forward today by a request that if this were true trains should be furnished to carry freight into the city. The note, also, itis believed, called attention to the reports of an early eVacuatlon of Mexico City and again asked for ar rangements, to police the ; city before Obregon's forces withdrew. i - Inquiry is Ordered. Secretary Bryan also directed an In quiry to be made by the Brazilian min ister concerning the report furnished by Senor Juan Riano,: the Spanish am bassador -here, that four Spaniards had bejftOpSllied ln Mexico JCityrJr ' It had been reported alsV-'-tha r a'c SwotfeK",BfebJfect had been killed.: . ". ' : t ' On the whole,-" off Jcials thought "the Carranza. noterelieyed a criticaf- situr ation, but the warships ordered to-Vera Cruz were hot. recalled and 'the opinion prevails that they will be kept there Indefinitely, : possibly to take away foreigners. . . - , A statement issued -by -the-Villa ag ency here says: '' '"" ":.---' The" Washington agency of t the con vention government' of "Mexico, is ' in clined to believe the reported evacua tion of Mexico City by Obregon and its occupation by General apata prema ture. . ' ' "A message from General Delipe An geles, at Monterey, indicates that he still occupies the city. . "The convention consul at .Del Rio, Texas, wired Enrique. C Llorente, 'Vil la's Washington representative, this af ternoon, that 500 fleeing Carranzistas had reached Las Vegas, across.. the Rio Grande river from Del Rio." They, were headed by Governor Acuna, whp, after fleeing from Piedras Negras and taking refuge on the neutral "soil of the United States at -Eagle Pass," returned: to Mex ican territory." " The State Department gave out the following: - V The department is in receipt of a. dis patch dated March 10, 6 P. " M.; from Eagle Pass, stating that Piedras Negras was not occupied by either faction. - "" "Text of American Note. Following is the text ot the Ameri can note- which j. Consul : SUHman de livered to Carranza and which the lat ter quoted in his reply ; made public today by the State Department: 'We have been anxious and per plexed over the statements in dis patches from Mexico City ' regarding the situation there, .and have conclude edi that the best course at present is for you immediately tot see General Carranza and' present to him a most earnest and emphatic note in the fol lowing sense: "The government of , the United States has noted with increasing con cern the reports of Gehe"?ai Obregon's utterances to the residents of Mexico City. "' -' "This government believes they tend to! incite the populace (to commit; out rages in which innocent foreigners within Mexican territory, probably rthe City of Mexico,, may -be inyojved. vThis government is particularly impressed with General Obregon's suggestions that he-would refuse to protect not only -Mexicans but foreigners in case of j violence and that this present man lfesto is a forerunner of others more disastrous in effect. : ' ' -V- Deplorable Situation. "In this condition of affairs, the government of the United States is in formed that the City of Mexico -may be evacuated soon by the .'Constitu tionalist force, x leaving the population without protection against ? whatever faction may choose to occupy .'it, thus shirking the responsibility which may happen as a result of the instigation, to lawlessness before and after, the evac uation of the city. The government of the United States is led to believe "that this deplorable situation has rbeen wil fully brought about by .Constitutional. 1st leaders. - . . ' r,: -' "When a fractional leader preys upon a starving people to compel obedience to his decrees in . inciting, .outlawry and at the same time uses means to prevent the city, from t being supplied with food, .a situation is,, created which it is impossible fore the United: States to :" contemplate .longer with patience. . VCondlti0s "';- have .become , intolera ble and. cari no longer;-be endured. The government,, of,, the United . States de sires -General . Obregon - and .'-General Carranza to knew that it has,- after-mature consideration, determined : that if, as a result of the situation for, -which U -i: (Continued trpm :Pag.e"Two.": SUCCESS SMILES UPOII EFFORTS OF ALLIES III FRANCE British' Victory in Region ' Divides ; Honors Wth Prinz Ktel- WITH ENGLISH PUBLIC 4- Great Britain Confident Days of Converted Cruiser are Numbered. British Airmen Destroy Rail way Junctions- London, March 11.: The arrival of the German ' auxiliary 'cruiser Prinz Eitel Friedrich at Newport News, re moving for a time at; least another menace to British shipping, and the success of the British troops in North ern France claim chief, attention in the British Isles. Whether the Prinz Eitel will be interned or again will-set out for the highseas, it is considered here that her career : as an arrSd, cruiser must come to an end, for should she be allowed to sail it is believed Allied cruisers on the watch will account for her. The possible action of the American government with reference tosthe pink ing of the American ship .William P. Frye is being much discussed. The gen eral view is that If the United States allows German warships to sink Amer ican ships with food supplies for Eng land that government hardly 4can protest- against the-Allies' prohibition of foodstuffs for Germany, a , - BritUh Claim Victory; r Of the- British victory in Northern Franco there ' is no -" news -beyond the ever,; mat wniie no great amount ox. grouhd has ' been . captured ' the im provement in the British position is of importance and, ; if pressed further, might compel the Germans to evacu ate LaBassee and perhaps other points. ;Equally important was the success achieved by British airmen in destroy ing the railway junctions' at Men in and Courtrai. These are ' On one of the German main lines of communication and their destruction will delay the arrival of new troop contingents re ported concentrating in Belgium for another attempt to break through to Calais and Boulogne. According ijta Dutch reports these troTjps have brought with them boats for the passage of the canals and rivers, and for the first time in months they include cavalry units. ' There has . been fighting in ' Cham pagne. In' Jhe Vosges, the Rattle for -Reich Ackerkopf has been resumed. Battle in North - Poland. These, however, are small affairs in comparison with the ; battles which are in progress in North Poland between the Niemenu and -Vistula, rivers. . The Germans apparently are falling back in the north; but; are fighting a - rear guard action, . which, has ' become a pitched battle and are taking, a - f ew -The Germans again are in Augutowo forest, on the. East Prussian border, "which has beeh;;-the burial phj.ee of so many German and Russian soldiers. The Germans have brought up light guns to bombard Ossowetz, while fur ther to the-south in. the neighborhood of Ostrolenka they . claim to have de feated the .- Russians. .The battle on the roads from Khorjele to Przasynsz along which the Germans hope to reach and pierce - the Russian line still , con tinue. . . - 'f Cooler weather ' has hardened the ground" in North Poland which will facilitate troop movements. This is said' to be. the first time in history that weather has favored an; army attempt ing to invade "Russia. Reports from Tenedos say the Turk ish, artillery In the Dardanelles grows Weaker daily and that in the . last bombardment the Allied warships badly damaged the forts at Chanak Ka lesi. Two big cruisers spent the night in the straits protecting the v.essels engaged in ; mine sweeping. . . Rome dispatches indicate that the German Ambassador, Prince VonBue Iow, has renewed, his negotiations with the Italian, government with the ob ject of securing the continued ".neu trality of that i country in return for territorial concessions .in Austria. Axib tria, however, is said . to oppose making any such "concessions as ' would- sat isfy Italy. -';. . , j ; BRITISH BOMB KILLS BELGIANS German Report Says That tne ; Only Result of Bxploaitlou in ToWn.'-; ; Berlin, March 11," via Wireless , to Sayville). The German war, office to day gave out this report: . An. English' -aviator -has thrown bombs on tfre town of Jtfenin, in -West Flanders. . Only one ' of his-: missies exploded and killed seven and wounded ten".-.BeIgianp.;wY"-; Vh.- " ;. " "The British yesterday .attacked the German positions; near Nueve Chap pello. At ; some points : they entered the village- T11 ftehting here r still continues. ; The British advance , near Given chy., ha.s been : repulsed. : rIn the v t (Shampagne . district the French have delivered '- two attacks against the "positions in the forest , of Souain, which- they lost to us ;the day before; yesterday. Both these attacks were rephl'sed and the - losses of the enemy ; were.1; Theavy.-' " vS y.;T ' ' f ' : "In the ;Vosgs. the copflict for .the possession of the Reich Ackenkopf was resumed yesterday. v r.; ' "To the west of Serje (to the North east of Augutowo), we took;6600Bus ' ContinuecfonPase Eight)' f BRITISH REPLY TO AMERICA IS READY Will; Refuse to Agree to Sug- gestions Offered. . 5 AS TO MARINE POUCY Note Will Point Out That Germany Has Violated More Laws of Interna tional Nature Than rSnb- " ' marine Warfare. London, March 11. The British reply to the American note suggesting that Great Britain allow foodstuffs to enter Germany in . return .- for Germany's abandonment of her submarine war fare on merchant vessels, and her pol icy of mining the high seas, is. expect ed to be forthcoming soon, t While the contents of the reply are not . known It ' is possible to indicate Isqme points likely, to emphasize Sir Edward Grey's reply. There is a strong feeling in-Downing street thai:, the ."Quid Pro Quo" put forward in the American note does not go. far enough. Foreign office officials point out that since the opening of. the war Great Britain has interfered with only one shipment " of food destined for Germany and then only after tne German government, by assuming con trol of all foodstuffs had abolished the distinction between the civil and the military population. Bligh German authorities have denied repeatedly the British claim to cut off supplies of food from civilians is a 'le gitimate act of war. Great Britain, it is insisted, never adopted this view, un til the Germans themselves" made it im possible any longer to draw the line between non-combatants and armed forces. Furthermore, It is added, Great Britain now is invited by the United States to forego a clear belligerent right on " the understanding that Ger many will abstain from committing only two of many crimes against both law and humanity.. ; Proposal Inadequate. Authoritative British spokesmen lay stress on the "Inadequacy.' of this pro posal from two standpoints. .They ask, first, what guarantee is forthcoming that Germany -will keep to her agree ment.- Supposing, they urge; - thaf:-n tmrmniMm S$?4Qmm&JyS . nderstood lines sureested .bv "the ffnitAd Rfet' er has gone, to Newport 'News from would the United "'2 States secure' its strict observance? : They assert that Germany has vio lated so many compacts and conven tions in this war that British states men are disinclined to trust her 'un supported word. ' ':,t'f ;r . " ;' Second, they uf ge that the two of fensives specified in the "."American note submarine warfare oh merchant vessels and the mining of. the high seas are far from: being .the only or even the worst, offenses of .which Ger many has been- guilty. The claim is set up that she has bombarded unforti fied towns, dropped bombs on places inhabited solely by civilians: and sunk both British and. neutral . ships, . as. if that were the ordinary legal way of disposing of them. Great Britain, it : is pointed out, has indulged in none of these practices and such mines as she has been compelled In I self-defense to lay have been laid in j strict accordance with The Havgue conventions. The German policy which arouses the most ; indignation is the continued al leged persecution of the' Belgians, mil lions of whom, it is declared, 'will be at this moment in a state of semi-starvation but for American ' : generosity and assistance." , . . ,; The view, therefore, held in the most; authoritative quarter is that if there is to be any question of Ger many's conforming to the rules of. civi lized warfare with respect to all points, and not merely with respect to two of them which she has been ac cused of departing from, it must come, up for discussion, and that Great Brit ain could enter Into no agreement-oh a subject which did -not include a radi cal change in Germany's present pro ceedings in Belgium. - Finally, it is declared by , the same authority, that these being the fac tors, that mainly, influence British offi cial opinion, it may be inferred that the national sympathy of the . British government .with the. American sug gestion, both on its merits . and from its source of origin, must vto some ex tent be mitigated by other and wider considerations. ' ' ' SEVEN MORE BELGIANS ' ARRIVE AT ST. HELENA. Come Direct ' from War Stricken Conn , try to Engage in Farming. Rocky Mount, N., C.,; March 11.- Sev en; Belgians, directly from the war stricken country, were , passengers on train No. 89 today from New York and changed trains at South Rocky Mount this afternoon for St. Helena, in Pender - county, where they go , to join a colony of about 20 - others who recently established themselves. The Belgian subjects . are being brought in to ' that section by a development com pany of- Wilmington, headed by Mr. Hugh MacRae. .. . . . BATTLES RAGE IN POLAND Germans Are on Retreat But Give Bat ' tie to Russians .Prisoners Taken. . : i Petrograd, March .11 (via. London). The C following official ,. -communication was issued today: . ;' Between the Niemen and Vistula bat tles, of extreme ovstinacy were, fought yesterday " in., the region . of . Symno n the valleys of the Omulew and .Orsye and in the dlrectionj of r the - Przasnysz. On the left bank o the Vistula" there Is. "no change. ,. '. . ' ... - ..' ' ; ; "In the . Carpathians... all ot She . en emy's attacks .have ' been . ne pulsed and nor . Gorlice our counter attack . ann i hilated - the" Austrian units'; which had attempted after the, failure of au Aus trian : night attack .to entrench; them selves ' on. our 'front. .,"'- ..t'.- -' : In i Eastern v Galfcia, ' South of , Nie- jnjewi ')w.' drove back thel GermaHSi" WjHINGTONTOMAKE. EMPHATIC Or GERMAN Officials Unanimous in Their Opinion That the Commander of German Cruiser Had No Right to Send the William P. Frye to the Bottom Opinion Shared Largely by Diplomats Will Demand Reparation , and Expressions of Germany's Regret. Washington,- March -11.. Unless the German . government voluntarily offers to make restitution for the destruc tion of the American ship Frye, sunk by the converted cruiser Prinz .Eitel Friederich in the South Atlantic, and expresses regret for the occurrence, strong - protest ; will be made by the United States with a request for repa ration. - ? . ; No announcements concerning the case probably will be made, high offi cials said, until after an. investigation of all the facts had been completed. President Wilson, at. the White House, stated ' during the ' day that a" search ing Inquiry would be conducted. Entirely Beyond Rights. . Officials were unanimous in their . opinion, and . it was shared largely by diplomatists, too, that the commander of the Prinz Eitel had no right to send the" Frye to the bottom. Officials con sidered it .probable that the German government," after being apprised of the facts, would admit the error of the naval commander and agree to make the usual . reparation. Some officials i thought sufficient amends, after the payments of damages, would - be the court martiallng of the German officer. " It was made - clear at the State De partment that -whatever actioVi would be taken, as a result of the sinking of the Frye would be entirely disasso ciated from questions rarising out of the entry Into an . American port o the Prinz . Eitel-desiring time for re pairs. , The vessel could, therefore, de part, leaving, the questions . raised by the destruction of the American ship to her settled through diplomatic chan nels.. . t -.;-4 Captain Boy-Ed, naval attache of the. New- York to..- obtain from, the captain of the Prinz Eitel "a sworn statement of the. facts for. the German govern ment. ; ' " ' ;' Gaptani Xiehne,: of the Frye, has been asked by the Treasury Depart ment to ifce'ep his crew together, so that all the l testimony necessary for diplomatic correspondence may be gathered. ; The. .captain: probably will come to -Washington' Saturday to con fer with Treasury and State Depart ment officials.;.: ,-. - ; Destruction . Prohibited. Examination of precedents in-international, law revealed to State Depart ment officials, . they said that the gen eral rules- of maritime practice have prohibited the destruction of a neutral vessel under . the circumstances in which the Frye was found in the South Atlantic by the Prinz Eitel. Many arguments have been urged from time, to time against the desruc tion of neutral vessels and when in doubt American naval commanders haye been cautioned always to dismiss the vessel. Before destruction in any case, the crew, - passengers and papers must be taken from the neutral vessel on board the . belligerent ship. "These are then immediately subject," says one .'of the . authorized publications of the United States navy ' war college, "to. all the dangers of War to which a I war vessel of a belligerent is subject. Such a position may: be an undue hard ship for those who have not. been en gaged .in the war : and one to which they could not be exposed." t Xt was said in official quarters that the American government took note of the fact that American citizens by their ' enforced . presence on board a German cruiser, for more than a month had been subjected, to unnecessary risks ahd that -this probably would be one of the points in the correspondence which is certain, to develop between the United .States and Germany over the . incident. Only Wheat in Cargo. That the Frye was carrying wheat and no other kind of cargo has been established in official reports. The fact that the cargo was sold while In tranr sit to a British firm would not, in the opinion of officials alter the necessity in case of capture for bringing the car gd" into port for adjudication,, especial ly since Germany has given assurances that it would not -detain foodstuffs de stined to; the civilian population of an enemyl As - there is no proof available on the high seas that -the cargo would . be used by, the : belligerent - forces of an enemy, international law authori ties of 'various countries claim such questions should be settled in prize courts, and not "quarter deck courts." The United States maintained in the case of the Knight Commander during the Russo-Japanese war that the, de struction" Of the; vessel by Russia be cause It -contained contraband was un warranted. " Other reasons, . such as military ne cessity must be ' proved- : The naval codes of the. principal powers caution their commanders not. to destroy a neutral vessel unless carrying a cargo, obviously contraband, such as arms and ammunition, and; certain of : con demnations, and then in case re-cap ture by the enemy is imminent or when it Is impossible through lack.- of coal or , prize crew, to send- the . prize to a home port. ; This : practice has been adopted as a part of the United States naval .code. -;;.v -rv" ".'. '' -"-;. .Rules .of; Otfce. Powers. -v --The J Russian 'instructions to naval commanders during the Russo-Japanese' war ;'after. the : destruction of Borne neutral -vessels - had' caused, a stir among ; neutrals ;-,.were v announced v as follows; - - ."-. ,'"r- ' - ---f:-A . -. "Russian vessels ...are ,not, to sink, neutral merchant menu rwlth contraband! on board in the futurer except In" ca'se" of dire iieceSBtty,. bat in. cases-of emer- PROTEST TO GOVERNMENT gency to send prizes, ports." into neutral The Japanese regulations were of the same character, but the British manual of naval prize law declares that "if the commander is .unable to spare a prize crew to navigate the ves sel to. port , of adjudication, the com mander should release the vessel and cargo without ransom unless there is clear proof that jhe belongs to the ene my. If in either of these cases there is clear proof that the vessel belongs to the enemy, the commander , should remove - her crew and papers, and if possible her cargo, and then destroy the Vessel." . The American naval rules provide for -the destruction of any enemy ship after taking off crew and passengers but the latest opinion of the' United States war college adds: "If a seized neutral vessel cannot for any reason be brought into port for adjudication, it should be dismissed." Decision Npt Reached. Navy and State Department officials still had under consideration tonight the length of time to be allowed the Prinz Eitel Friederich to make repairs at Newport News and the disposition to be made of the prisoners. The . first . point will be decided, after an' American naval constructor makes an investigation of the repairs needed to render the vessel seaworthy. The release df the prisoners will depend Somewhat on the representations which may be made to the United States by the various embassies or legations who have nationals aboard. As yet no. com munications have been received by the State Department from any, of the for eign governments concerned. , Pending a determination of these questions,; Rear Admiral Beatty, of the Norfolk -navy yard, called onthecom mander of the Prinz Eiter formally re questing him not to use the ship's L radio .apparatus while, in port and -not - -t-wiij7w ixie nwiuBrs; crew of pnwasrs on shore without permission of the col lector of customs, to all of which the German captain agreed. . Rear Admiral Beatty, after his con ference sent the following message te Secretary Daniels: 'f. Admiral Beatty's Report. "Request concerning wireless receiv ed. 4.cted accordingly. Am waiting for Newport News Shipbuilding Compa ny's statement about probable .- time needed for necessary repairs. Shall inform you as soon as possible.-" F. J. Gauntlett, representing the shipbuilding company, asked Secretary Daniels in person whether the Navy Department had any objection to the docking of the .Prinz Eitel. Mr. Dan iels said the department did not ob ject. ' The ship- was docked almost within stone, throw of the battleship Pennsylvania, to be launched next week. . ' The question of the release of the prisoners is expected to be passed up on within a day or two. All enemy subjects not liable to military service probably will be released, but they will hot be at liberty to enter the United States until they have satisfied the immigration regulations. Others, It Is taken for granted, will be paroled on, promise not to engage in hostilities again. If the Prinze Eitel decides tc intern, her own officers and crew will be interned and her captured prisoners released unconditionally. These questions were referred for an, opinion to the neutrality board composed' of James Brown Scott and Captains Knapp and Oliver, of the United States navy. Their report to Counsellor Lansing of the State Depart ment has not yet been approved. All reports of the neutrality board are ol an advisory character subject .to the approval of ; the State Department . and until a decision is announced their na ture is not disclosed. Pride of U. S. Sailing Fleet. Destruction of the William P.: Fry, by the; Prinz Eitel Friederich struck from marine lists the pride of the American sailing fleet in point of size and equipment and one of the largest square-rigged craft in the world. -Her loss falls not upon an emotionless cor poration, but upon individuals, ' mem bers or connections, of the Sewall fam ily, famous among New "England ship builders and' owners since the days when American clipper ships carried commerce of the world In all the sev en seas and fought the losing-battle againststeam craft that ended Ameri can maritime prestige. . ' - , ' . The Frye was built in Bath, Me., and granted registry in 1901, with 38 per sons, six of whom were women,"; ap pearing as -Joint- owners. That owner ship has never changed. The ship was named after the late Senator Frye, of Maine, and it is recorded that he de clared; himself more honored in hav ing his name upon an American, built, owned ' and operated sailing vessel than if the fleetest; of Atlantic liners had borne it. ! ' . The Frye's gross tonnage was 3,374. APPEALS TO GOVERNMENT. Owner of Vessel Asks American Gov ernment to Start Proceedings - London . Beach,' Cal., March 11.- Sam uel S." W. SeWall, of Bath, Me. one of the owners of . the; sailing ship William P.; Frye, sunk vby the Prinz Eitel Frie derich; said today he had appealed, to the; United, States tot proceed against the German warship "as a sea rover, and her- crew . as pirates. . : He. has asked alo' that vigorous- representations be made to Germany. r . "The Frye" he said, ."carried a cargo that was .marked n on -con trabari d by : the ' Federal Insurance TBureau. f There was " nothing but wheat ' aboard- the ship. . ; . - v ,. ,. . r . :v"--" Mr. SewaU saidj the vessel was wortb. v Continued ron tage pight if t f - -i- i V t ; A I f '" - I r - l i -r 4 "? -