Gilpin observer., 1915-08-12
Note IN FRYE CASE
KAISER INSISTS ON RIGHT "a
SINK SHIPS BUT OFFERS
TO ARelTRATE.
While Germany 10 UnyieIdins, VIII
Pay, With the Stipulation That
Amount 10 Not To Be
Viewed as "Satisfae-
tion" by v. s.
Newspaper Union New. Service.

western Newspaper Union News service.
shington.-Germany- is unyield.
ing in her refusal to concede that the
sinking of the American sailing ship
William P. Frye by the auxiliary
cruiser Prinz Eitel Friedrich in tho
South Atlantic last January was a VI
olation of American rights under the
Prussian-American treatry of interna-
tional law.
In reply to the last representations
Of the United States the German for
eign office in note made public here
Wednesday night by the State Depart
ment reiterates a previous justifica-
tion of Germany's course; declares
again her willingness to pay for the
ship, and accepts proposal first ad-
vanced by the United States-that the
amount of damage be fixed by two eI-
perts, one to be selected by each
country.
Such a sum the German government
pledges itself to pay promptly, with
the stipulation, however, that the pay
ment shall not be viewed as a salts
faction for violation Of American
rights Should that method be unsat-
isfactory Germany invites the United
States to arbitration at The Hague.
The unofficial view here is that rep
aration by commission Of experts
probably will be satisfactory to the
United States, with the express pro-
vision, however, that It is not waiv-
er of treaty rights for which the
American government contends, but
applies only to the matter of damages.
1t is practically certain that If the
United States allows the dispute to
go to The Hague for Interpretation Of
the treaty provision or continues the
academic discussion Of principles
through the channel of diplomacy, it
will insist that meanwhile Germany
| refrain from violation of what the
United States contends are its rights.
The entire dispute revolves about
article 10 of the Prussian-American
treaty of 1899, which was revived and
included in the treaty OF 1928.
That article, the United States con-
tends, specifically protected the Will.
lam P. Frye from being sunk, although
1t did not protect contraband cargo.
Germany takes precisely an opposite
view, contending that the article only
obligates her to pay damages.
Furthermore, Germany replies that
as the Frye's cargo of wheat destined
to England was contraband, the ship
was liable to confiscation, 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 international law"
"On the one hand" says the note.
"the belligerent party is to have the
right to prevent the transportation OF
war supplies to his adversaries, even
when carried on vessels of the neutral
party.
THE right Of sinking" says the Ger
man note, "is not mentioned in the
treaty and is therefore neither ex-
pressly permitted nor expressly pro-
hibited, SO that on this point the party
stipulations must be supplemented by
the general rules Of International law.
1T is not disputed by the American
government that, according to the gen.
eral principles Of international law, a
belligerent is authorized in sinking
neutral vessels under almost any con-
ditions for carrying contraband."
The note argues at length for the
German Interpretation of the disputed
treaty provision. contending that its
intent is to establish a reasonable COM
promise between the military interests
OF the belligerent contracting party
and the commercial interests of the
neutral party.
Admits Liability for Damages.
On the other hand, the commerce
and navigation of the neutral party
is to be interfered with as little a.
possible by the measures necessary
for such prevention, and reasonable
compensation is to be paid for any in.
convenience or damage which may.
nevertheless, ensue from the proceed
ing OF the belligerent party"
That. in short, is Germany's argu.
ment, based on her Interpretation Of
the treaty, and to that. the view of
the United States is sQuarely opposed.
Payment for the Frye in the man
ner suggested would not affect the
question Of rights under the treaty
A German prize court on July 10
held the imperial government for
damages. but fixed no amount, since
the United States declined to become
a party to the proceeding. demanding
settlement by diplomacy under the
treaty.
The case of the American steamer
Leelanaw recently sunk by German
submarine is parallel to the Frye case.
1t now is in the preliminary stages
OF diplomatic negotiation.