The Washington herald., 1915-08-18
II. 5. AGREES To
FRYE PROPOSAL
Accepts Payment if Not Re-
garded as Admitting Ger
man View of Treaty.
NOTE IS MADE PUBLIC
Proposition that 1928 Pact Be Con-
NOTE IS MADE PUBLIC
Proposition that 1928 Pact Be Con-
strued by Arbitration Under The
Hague Rules Acquiesced in.

The United States note to German,
in the Frye case was made public yes.
terday. The communication practically
IdlSposeS of this case as subject OF
serious controversy between the two
governments. provided the German
government is willing to accept the
American proposals.
The United States accepts Germany's
offer to compensate for the Frye, pro-
vided the payment shall not be re-
garded as acquiescence in the German
Interpretation of the treaty of 1925
with Prussia. Germany. in making
her offer to pay damages for the sink
ing of the Frye, stipulated that the
payment should not be taken as an ac-
acknowledgement by her that the treaty
of 1928 had been violated.
The United States also accepts the
German proposal to have the treaty
itself construed by arbitration under
The Hague rules.
Contentious of Two Nations.
The United States has contended
| that under this treaty Germany had
no right to sink an American vessel
even if she were carrying contra band.
Germany has insisted that she had this
right and was obligated only to pay
damages.
The note in part:
The Government of the United
States entirely concurs with the sug-
gestion of the Imperial German Gov
ernment 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 Jointly fix the amount of in
demnity for the vessel and any Amer
ican property which may have been
sunk with her. to be paid by the I'm
perial German Government when as
certained as stated in your note 1t
is assumed that the arrangement will
include some provision for calling in
an umpire in case the experts fail to
agree.
There can be no difference of opin-
ion between the two governments as to
the desira bility of having this ques-
tion of the true intent and meaning
of their treaty stipulations determin-
ed without delay, and to that end the
Government of the United Sites pro-
poses that the alternative suggestion
of the Imperial German Government
also be adopted. so that this question
of treaty Interpretation can be sub
mtted forthwith to arbitration pur-
suant to article 3S of The Hague Con-
vention for the pacific settlement Of
international disputes.
Sdh ne TTO"ptIy SettIe0.
in this way both the question of
indemnity and the question Of treaty
Interpretation can promptly be set
tied, and it will be observed that the
only change made in the plan proposed
by the Imperial German Governme mt
is that instead of eliminating either
one of the alternative suggestions. !
they are both given effect in order |
that both of the questions under dis |
cussion may be dealt with at the
same time |
III this proposal proves acceptable |
to the Imperial German Government, |
it will be necessary also to determine |
pending the arbitral award. |
the Imperial German Government shall |
govern its naval operation in accord |
ance with the Interpretation MAIN
tanned by the United States, as to |
the obligations imposed by their treaty |
and the Government OF
the United Sites would be glad to
have an expression of the views of
the Imperial German Government on
this point"