New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-19
U. 5. ASKS QUICK
DECISION ON FRYE
Requests Use of Sum
mary Arbitration Forms
in Case.

Washington, Oct. l8.-The American
note accepting Germany's proposal to
settle by arbitration the problems arts
ing out of the sinking of the VILLA am
L. Frye was made public at the State
Department to-day. IL was dispatched
10 Berlin on October IL.
The controversy has lasted several
months, each government sending sew
eral notes. Both admitted early in the
dispute that 1t could be arbitrated, but
this government has withheld its con-
sent to thst procedure pending assur-
ances from Germany as 20 the course
she would pursue with regard TO Amer
lean commerce during the negotiations
Germany offered to relinquish the
right of destruction OF vessels laden
with conditional contraba 'd, but In
sisted that the destruction of carriers
Of absolute contraband should be per
mitted. This temporary arrangement
is agreed TO, on condition that passen-
gers and sailors on such vessels must
not be cast adrift in lifeboats. The
State Department holds that small
boats are not places of safety" within
the meaning of international law.
The note points out that the declsra-
ton of London, invoked by Ger
many, is not in force, and will not be
recognized by this government except
with reference to the destruction OF
contraband carriers. The publication
of the note shows for the first time
that acceptance of arbitration by Ger
many would be equivalent to promise
to meet these conditions.
The amount of indemnity TO be paid
by Germany for the Frye will be deter
mined by two experts, one selected by
each government. The United States
asked in a previous note that provision
be made for the selection of an umpire
in the event of a disagreement. Ger
many took exception TO this, because
her experience showed that disagree
ments in such cases have been rare.
The present note agrees to dispense
with this provision for the present, but
assumes that an umpire will be called
in if the disagreement cannot be RENE
died by diplomatic negotiation.
The question for arbitration is the
Interpretation of the treaty Of 1928
between the United States and Prussia
It provides that in the event of one of
the parties becoming engaged in a war
in which the other is neutral, the bel
ligerent shall in no circumstances de-
stroy the vessels of the other, but its
rights snail be limited TO visit and
search and the confscation of contra
band.
The United States insists on the lit
ersl Interpretation OF the treaty. The
German government believes that when
II is impossible TO xercise its right OF
confscation, owing TO the presence of
hostile warships in the vicinity, as in
the Frye case, the right of destruction
must be acknowledged
The State Department is anxious TO
have the case passed on by an arbitra-
ton court as soon as possible. 1t asks,
therefore, that instead of referring it
to the Permanent Court at The Hague,
which might require several months,
the summary forms suggested by the
Hague Arbitration Convention be used.
Each party, under this form, selects
one arbitrator, who agree or a third.
While officials hope that the present
note will mark the end Of the contro-
versy, il is not generally believed that
Germany will consent TO the terms pro-
POSED. II il pointed out that Germany's
attacks on commerce are necessarily
made by submarines, and that it is i'm
possible for such craft 70 make other
provision for the safety Of persons on
board merchantmen than placing them
in lfeboats. The American "conces-
sion" therefore, is regarded as of
small value 20 Germany