The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-08-21
GERMAN OFFER ACCEPTED.
PLAN SUBMITTED FOR SEIvrI f.
MENT OF FRYE CASE Salts
| FACTORY.
United States, However, Maintains
That ii Must bc Without Prejudice
to Interpretation of Prussian- Amer
lean Trcaty-Asks for Expression.

Washington, Aug. 1.-THE Ameri-
can reply to Germanys last note on
! the sinking of the American sailing
ship William p. Frye, made public
today by the state department, ac-
cepts the proposal that damages be
liked by a mixed comm SION 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.
The note is regarded as putting the
noted case we'll on the way to a set
tlement. 1t is addressed by Secretary
Lansing to Ambassador Gerard at
Berlin, as follows:
You are instructed to present the
following note to the German minis
ter for foreign affairs
Under instructions from my gov
ernment, 1 have the honor to inform
your excellency, in reply to your
note of July 30, in regard to the claim
Tor rep. ration for the sinking of the
William p. Frye, that the government
of the United States learns with re-
gret that the objections urged against
1t by the submission of this to the
prize court for decision have not
commended themselves to the impe-
rial German government, and it
equally regrets that the reasons pre-
sented by the imperial German gov
ernment for sumbitting this case to
prize courts have failed to remove the
objections of the government Of the
UNITED States to the adoption Of that
course. AS this disagreement has
been reached after the full presenta- :
ton Of the views of both governments
in our previous correspondence, IL
further exchange of views on the
questions in dispute would doubtless
be profitable 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 ,Nuellency's note have hccn
given careful consideration and II is
believed that il they can lie com
"lned SO that they may both be adort-
"a they VIII furnish q satisfactory
basis for the solution Of the questions
at issue.
THE government of the United
States has already expressed it's 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 Jointly fix the amount of in
| ho
lean 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 m case the experts fail to
agree.
"The government of the United
States notes that your suggestion is
made with the express reservation
that payment under this arrange
ment would not constitute an admis-
sion that American treaty rights had
!, been violated but would be regarded
by the imperial German government
merely as fulfilling a duty or policy
founded on existing treaty stipula-
tons.
"A payment made on this under.
standing would be entirely accept
able to the government of the United
States, provided that the acceptance
of such payment should likewise bt
: understood to be without prejudice tC
the United States that the sinking o
the Frye was without legal justitica
ton and provided also 1T an ar
rangement can he agreed upon for the
immediate submission to arbitration
Of the question of legal justification
in so far as it involves the interpreta
ton of existing treaty stipulations.
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