Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1915-08-20
ACCEPTS GERMAN
OFFER IN FRYE CASE
DAMAGES FOR SHIPS LOSS TO
BE FIXED 5Ys COMMISSION,
AS PROPOSED.
American Reply to Germany's Last
Note Regarded as Putting the
Noted Case Well On the Way
TO Settlement.

7, Washington.-The American reply
TO GermEny's last note on the sinking
1of the American sailing ship William
p. Frye, made public here Tuesday by
the state department, accepts the pro-
posal that damages be fixed by a
mixed commission and that the dis
puted treaty provisions be submitted
TO arbitration at The Hague, but calls
on Germany for statement, mean
while, as to whether she intends to
conduct her future naval operations
In accordance with her Interpretation
of the Prussian-American treaty or
those Of the United States.
The note is regarded as putting the
noted case well on the way to set
Element. 1t is addressed by Secretary
Lansing to Ambassador Gerard at
Berlin.
The note follows:
You are instructed to present the
following note to the German minister
for foreign affairs:
Under instructions from my gov
eminent / have the honor to inform
your excellency in reply to your note
of July 80, in regard to the claim
for reparation for the sinking Of the
William P. Frye. that the government
of the United States learns with re-
greet that the objections urged by it
against the submission of this case to
the prize court for decision nave not
commended themselves to the imperial
German government, and it equally re-
grets that the reasons presented by
the imperial German government for
submitting this case to the prize
court have failed to remove the OBJ
iections OF the government of the
United States to the adoption of that
course.
AS this disagreement has been
reached after the full presentation
of the views of both governments in
our previous correspondence, a fur
Their exchange of views on the ques-
tions In dispute would doubtless be
unprofitable, and the government of
the United States therefore welcomes
your excellency's suggestion that
some other way should be found for
settling this case.
The two methods of settlement
proposed as alternative suggestions
in your excellency's note have been
given careful consideration, and it is
believed that If they can be. com
bined so that they may both be
adopted, they will furnish satlsfac-
tory basis for the solution Of the
questions at issue.
The government of the United
States has already expressed its de
sire that the question Of the amount
of indemnity to be paid by the i'm.
perial German government under its
admitted liability for the losses of
the owners and captain on account
of the destruction of the Frye should
be settled by diplomatic negotiation
and 1t entirely concurs with the sug
gestion Of the imperial German gov
eminent that the simplest way would
be to agree, as proposed In your note
that each of the two governments
designate an expert and that the two
experts conformity fix the amount Of
indemnity for the vessel and AIRY
American property which may have
been sunk with her" to be paid by
the imperial German government
when ascertained as stated in bOui
note. 1t is assumed that the ar
rangement will include some provi
sion for calling in an umpire in case
the experts fail to agree.
AC 5OFCIhAlCnl VI luC OAlI6l
States notes that your suggestion Ii
made with the express reservation
that a payment under this arrange
ment would not constitute an admis
sion that American treaty rights hai
been violated, but would be regarded
by the imperial German government
merely as fulfilling duty or policy
founded on existing treaty stipula
tions. A payment made on this un
derstanding would be entirely accept
able to the government Of the United
States, provided that the acceptance
of such payment should likewise b,
understood to be without prelude,
to the contention of the government
of the United States that the sinking
of the Frye was without legal JUST
fication, and provided also that an ar
rangement can be agreed upon TO
the immediate submission to arbitra
ton of the question of legal justifics
fion, in 80 far as it involves the In
depreciation Of existing treaty stipu
lations.
There can be no difference Of opiu
lon between the two governments a
to the desirabllity OF having thi
question OF the true intent and mean
ing of their treaty stipulations dc
termined without delay. and to tina
end the government of the Unite
States proposes that the alternative
suggestion OF the imperial Germai
government also be adopted. 80 tina
this question OF treaty interpretation
can be submitted forthwith to arbitrs
tion pursuant Of article 3S OF Tn
Hague convention for the pacific se
Element of International disputes.
In this way both the question 9
indemnity and the question Of treat
60. a.t