The Barre daily times. (Barre, Vt.) 1897-1959, 1915-08-05
GERMANY REFUSES
TO CONCEDE POINT
Will Not Admit That Sinking of Amer
lean Ship William P. Frye Was
Violation of American
Rights.

Washington, d. c., Aug. Germany
is unyielding in her refusal to concede
that the sinking of the American sailing
ship William P. Frye by the auxiliary
cruiser Prinz Eitel Friedrich in the south
Atlantic last January was violation
OF American rights under the Prussian-
American treaty or international law.
In reply to these last representations
of the United States the German foreign
office in note made public here last
night by the state department reiterates
previous justification OF Germany's
course, declares again her willingness to
pay for the ship and accepts proposal
first advanced by the United States
that the amount of damages be fixed by
two experts, one to be selected by each
country.
Such sum the German government
pledges itself TO pay promptly, with the
stipulation, however, that the payment
for shall not be viewed as satisfaction
for violation of American rights. Should
that method be unsatisfactory, Germany
invites the United States to arbitra-
ton at The Hague.
The unofficial view here is that repara
ton by commission of experts probably
will be satisfactory to the United States
with the express provisions, however,
that it is not a waiver of treaty rights
for which the American government con-
tends, but applies only TO the matter of
damages.
II is virtually certain that If the
United States allows the dispute to go
TO The Hague for Interpretation of the
treaty provisions or continues the aca
demic discussion of principles through
the channel of diplomacy it will insist
that meanwhile Germany refrain from
violation of what the United States con- |
tends are its rights.
The entire dispute revolves about ar
ticle I3 of the Prussian- American treaty |
of 1899, which was revived and included |
in the treaty of 1928. That article,
the United States contends, specifically /
protected the William p. Frye from be-
ing sunk. although il did not protect a
contrabapd cargo. Germany takes pre-
cisely an opposite view, contending that
the article obligates her only to pay dam
ages. Furthermore. Germany replies
that as the Frye's cargo Of wheat de-
stined TO English was contraband, the
ship was liable TO confscation and that
as an attempt TO take the prize into a
German port would have imperilled her
captor. the destruction Of the Frye was
according TO general principles of inter
national law"
"The right Of sinking" says the Ger
man note. sis not mentioned in the treaty |,
and IL therefore neither expressly per-
mitted nor expressly prohibited, so that
on this point the party stipulations must
be supplemented by the general rules Of
law. IL is not dis
puted by the American government that {
according 20 the general principles Of in I
ternational law a belligerent is author {
lied in sinking neutral vessels under al.
most any conditions for carrying contra
band"
The note argues az length for the Ger
man Interpretation Of the disputed treaty /,
provision ooutending that is intent is
10 establish reasonable compromise be-
tween the military interests Of the bel
igerents contracting party and the com
Incrcial interests Of the neutral party.
''On the one hand SAYS the note, '.tbe
belligercnt party i 20 have the right 20
prevent. the transportation Of war sup
plies TO his advcrsaries even when car