The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-29
U. s. REVIEWS
DEMAND FOR
FRYE PAYMENT
New Note to Germany Says
It's Not a Prize Court
Case.
INTERPRETATION OF
TREATY At ISSUE
American Claim Is That
Berlin Is Bound to Make
Rcparation.
ST BM ARINE PROBLEM
IN THE CONTROVERSY
Germany Is Told That She
Had No Right to De-
strOy Ship.

WAsHISGroS. June 2S.-Pubicatiou
OF the text OF the American note sent
to Germany on June "a with regard
To the case of the American four mastet
ship William +. Frye. sunk by tho Ger
man auxiliary cruiser Prlnz Eitel Fried
rich last January. dlscloses the fact
that the controversy mas become one
regarding the Interpretation of the
treaty OF 1928 between the United States
and Prussia.
Indirectly, by virtue OF certain claims
made by the German Government as to
her right to sink neutral vessels carry
ing contraband. the correspondence also
Is coming to have a bearing on the is
sues invoked ia the submarine dues-
ton.
The note, made public here to-day.
Shows the United States for the second
time taking exception to the German
plan OF having the Frye case settled In
a prize court. The United States re-
news its demand for the payment OF
indemnity, the amount OF which II as
serts should be agreed upon in direct
negotiations between the two Govern
ments.
Against a Prize Court.
II is made clear m the note that
the United States will have nothing TO
do with any prize court proceedings
which the German Government may in
stltute in the Frye case.
The stand OF the United States in this
case rests wholly upon the provisions
OF the treaty OF lS2S. which, as Ger
many herself admitted in the first ex-
change of notes on the subject. rem
dered her liable to pay an indemnity
for the destruction OF the Frye.
Germany having been the first to in
woke this treaty az still in force and
applying TO this issue. the State De-
partment Is trying to hold her to the
ground she has taken The issue is
thus summed up by Secretary Lansing
In his latest note;
The real question between the two
Governments is what reparation must
be made for a breach OF treaty obliga-
tions. and that is not question which
falls within the Jurisdiction of a prize
court"
1t is said further that the United
States Government cannot lecognize
the propriNy" of submitting the Frye
claim to "A German prize court for set
tlement,
The submarine Question.
Secretary Lansing also dssents most
Nirnrpusll from claims forward nv
Germany In the note to which his COM
munication Is reply, 10 tuc effect thli
the treaty Of lS2S gives either parry
the righ, to destroy vessel belonging
TO the other party when carrying con-
traband, II il is not practicable to stop
the Contraband In any other way.
This 10 the contention which has been
regarded here as bearing upon GER
manys submarine operations. 1t is be-
lieved here that the German Govern
ment Is seeking to have the prize court
review the provisions of the treaty OF
1928 in the hope of getting court de-
Cision which will strengthen her posi-
tion in regard to the destruction by
submarines OF neutral ships carrying
contraband Replying to this conten-
tion Mr.. Lansing says
'"The Government OF the United
States cannot concur in this conclusion
on the contrary, 1t holds that these
treaty PROVISIONS 90 NOT authorize tns
destruction Of a neutral vessel in any
circumstances by its express terms
the treaty prohibits even the detention
Of neutral vessel carrying contraband
II the master Of the vessel is willing
to surrender the Contrahard."
The Note 10 Germany.
The text OF the note follows
The Secretary Of state TO nc Amer
tCdn Am bdSSddOr at B'Tin;
DEPARTMENT oY STATE.
WAsHrNGToN, June -, 1915,
You are instructed to present the
following note TO the German Minis
ter OF Foreign Affairs;
have the honor to inform your
EXcellency that I duly communicated
to my Government your note of the
eth inst on the subject of the claim
presented in my note of April 3 last
on behalf OF the Owners ana captain
of the American sailing vessel Will
lam l.. Frye in consequence OF her
destruction by the German auxiliary
cruiser prinz Eitrl Fricdr,tN
In reply | am instructed by my
Government to say that it has care
fully considered the reasons given by
the Imperial German Government for
urging that this claim should be
passed upon by the German prize count
instead OF being settled bv direct DIP.
lomatc discussion h,twton tho tNo
Governments as proposed by the
Government Of the United states. and
that 1t regrets to find that II cannot
concur In the conclusions reported by
the Imperial German Government
As pointed out in my last motto 10
you on this subject, dated April 20,