New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1915-08-17
kAISER'S PROPOSAL
IN THE FRYE CASE IS
ACCEPTED BY i. S.
Washington Agrees to Have Dam
ages for Loss Of Vessel Fixed
By a Mixed Commission
ALSO DISPUTED TREATY
PROVISIONS ARBITRATED

American Reply Calls on Germany
for Statement AS to Whether She
Intends to Conduct Future Naval
Operations According to Her Inter-
probation of Prussian-American
COMPACT Or Those Of Uncle Sam.
Washington, Aug. 1.-THE Amer
lean reply to Germanys last note OH
the sinking of the American sailing
ship William P. Frye, made pubic
here today by the state department.
accepts the proposal that damages
be fixed by a mixed commission and
| that the disputed treaty provisions
be submitted to arbitration at The
Hague but calls on Germany for a
statement, meanwhile, 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.
Opens Way for Settlement.
The note is regarded as putting the
noted case we'll OH the way to Il
settlement. 1t is addressed by Secre-
tary Lansing to Ambassador Gerard
at Berlin, and follows:
You are instructed to present the
following note to the German minis
ter for foreign affairs:
Under instructions from my gov
ernme nt, I 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 +. 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 have
not comm ended themselves TO the I'M
perial German government and II
equally regrets that the reasons pre-
sented by the imperial German gov
eminent for submitting this case to
the prize court have failed to re-
move the objections of the govern
ment' 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
further exchange of views on the
question in dispute would doubtless
be Improbable, and the government
Of the United States therefore well
comes your eXcellency's suggestion
that some other way should be found
for settling this case.
The two methods of settlement pro-
posed as alternative SUGGESTIONS in your
excellency's note have been given
careful consideration, and it is be-
ieved that if they can be com bin ed
so that they may both be adopt ed,
they will furnish satisfactory basis
for the solution Of the questi ms at
issue.
Settled by Negotiations.
TIE government of the United States
has already expressed it's desire that
the question of the amount of indcm-
nifty to be paid by the imperial Ger
man government under it's admitted
liability for the losses of the owners
and captain on account of the de-
struction of the Frye, should be set
tied by diplomatic negotiations, and
it entirely concurs with the suggestion
nf the imperial German government
that the simplest way would re L.
! agree as proposed in your note, that
each of the two governments desig-
| nate an expert and that the two ex-
perts jointly fix the amount of indem-
nifty for the vessel and any American
property which may have been sunk
with her. to be paid by the imperial
German government when ascertained
| as stated III your note. 1t is as
sumed that the arrangement will in
clude some provision for calling in an
umpire in case the experts fail to
agree.
| The government of the United
States notes that your suggestion is
made with the express reservation
that a payment under this arrange
ment would not constitute an admin
istration admission that American
| treaty rights had been violated but
would be regarded by the imperial
| German government merely as full
| filling duty or policy founded on
existing treaty stipulations. A pay
ment of this would be acceptable to
| the government of the United States.
provided acceptance of such pA&lncEt
should likewise be understood to be
without prejudice to the contention of
the government of the United States
that the sinking of the Frye was
without legal justification, and pro-
vided also that an arrangement can
be agreed upon for the immediate
submission to arbitration of the
question of legal justification, in so