The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-07-02
REFUSES GERMANY's OFFER
Berlin Asked to Reconsider Plan Of
Sending Frye Case to Prize
Court.

ment with the German foreign Office
the state department made public to-
night the text of the note sent on June
"a by the United States asking Ger
many to reconsider her refusal to set
tie by direct diplomatic Negotiations
instead of by prize court proceedings
the claim presented on behalf of the
captain and owners of the American
sailing snip William P. Frye, sunk
with her cargo of wheat by the COM
merce raider Prinz Ethel Frederick,
Ambassador Gerard cabled that he had
delivered the note last Saturday after
noon.
The American government declares
inasmuch as Germany has admitted
liability for the sinking of the Frye
under the treaty of 1928, prize court
proceedings are unnecessary and not
binding upon the United States. Aside
from the question of how the indem-
nifty should be paid, the note brings
out clearly the refusal of the United
States to accept the contention that
Germany has right to stop the carry
ing of contraband by American ships
''by the destruction of the contra
band and the ships carrying it."
While no mention of submarine war
fare was made in either the last Ger
man note or the present reply, oc-
casion was taken to deny this report
because of a belief "htat admission Of
it might now and in the future be
used as a justification for submarine
attaks on American ships.
Text of Note.
Here follows the text Of the note,
which is addressed by Secretary Ian
sing to Ambassador Gerard in Ber-
lin:
Washington, June "a, 1915.
You are instructed to present the
following note to the German min
lister Of foreign affairs:
l have the honor to inform your
exceuency that 1 have communicated
to my government your note of 7th
inst. On the subject of the claim
presented in my note of April 3 last
on behalf of the owners and cap
tain of the American sailing vessel
William P. Frye in consequence of
auxiliary cruiser Prinz Eitel Freid-
rich.
In reply am instructed by my
government to say that it has careful
" considered the reasons given by
the imperial German government for
urging that this claim should be
passed upon by the German prize
court instead of being settled by di-
rect diplomatic discussion between
the two governments, as proposed by
the government of the United States,
and that it regrets to find that it can
not concur in the conclusions reached
by the imperial German government,
AS pointed out in my last note to
you on this subject, dated April 80,
the government of the Uunited States
has considered that the only question
under discussion was G.e method
which should be adopted for aseer-
tanning the amount of indemnity to
be paid under an admitted liability,
and it notes with surprise that in ad-
dition to this question the imperial
German government now desires to
raise some question as to the mean
ing and effect Of the treaty stfpula-
tions under which it has admitted
its liability.
If t1e government of the United
States correctly understands the po-
sition of the imperial German gov
ernment as now presented, it is that
the provisions of article 13 of the
treaty of 1899 between the United
States and Prussia, which is contin-
ued in force by the treaty of 1928,
justified the commander of the Prinz
Eitel Friedrich in sinking the Will
liam P, Frye, although making the
imperial government liable for the
damages suffered in consequence, and
that inasmuch as the treaty provides
no specific method for ascertaining
the amount of indemnity to be paid
tnat question must be sumbitted to
the German prize court for determi-
nation.
The government of the United
States on the other hand does not
ind in the treaty stipulations men
toned any justification for the sink
ing of the Frye, and does not con-
slider that the German prize court has