New Britain herald., 1915-08-05

Washington, Aug. b.--The diSaEree. ment between the United States and Germany over the interpretation o1 the treaty of 1928 arising from the Frye case is sharply emphasized ra- ' ther than lessened by the latest note from Germany on this subject. Tho text of the German note was given out at the State Department late yesterday.
 The Frye case arose from the sinking of the American ship of thai name by the German cruiser Prinz Eitel Friedrich when the Frye was } carrying a cargo of wheat to Ireland Germany promptly admitted liability but insisted the case should be passed on by a prize court to determine the legality of the sinking The United States objected, declaring it was a case of treaty violation over which the prize court had no Jurisdiction, and suggested that the amount Of ;, damages be fixed by negotiations be- tween the German Embassy and the Stato Department.
 The German note made public yes- A terduy contradicted almost every point raised by the U. s. in maintain ing it's view of the case. The disagree
 
 questions affecting the treaty inter- pretation could hardly be more com plete
 Willing to Pay Damage. 'sss Germany declares her willingness however, to pay damages in the Frye case The amount of these, she suggests may be determined by a commission of two experts to be ap- pointed by each Government to in vestigate the precise loss sustained by the owners of the Frye.
 To those offers, however, she at taches the condition that such pay- nlent will not constitute satisfaction for the violation Of American treaty rights In other words, Germany offers to pay. but in doing so will not consider she had violated treaty with the United States.
 U. $. Cannot Accept
 It was indicated here yesterday that the United States Government cannot accept settlement for the sink ing of the Frye under such conditions, for it might be regarded as a yield ing on the principles involved.
 Germany's alternative offer, in case the United States does not accept the proposed conditional payment is the submission of the dispute over inter pretation of the treaty to arbitration at The Hague. s~s 4
 That the United States might be willing to accept the latter suggestion is considered possible. It could properly do so, as, it is in many ways pledged to settle disputes arising over the interpretation of treaties in pre- cisely this manner. The United States 1 is satisfied that it's construction of the treaty of 1928 is thessc Correct one, but would have difficulty in finding a good objection to submitting it to impartial review.
 2 Can Only Destroy Cargo. The United States has contended that the treaty of 1928 provides that "a German warship shall under no cir- 5cumstances destroy an American ship X carrying contraband, that the utmost that the German commander can do is to direct the captain of the mer- from his vessel. Germany contends that inasmuch as the sinking of vessel when car rying contraband is not expressly pro- 'hibited by the treaty the right may be assumed if it is in accord with the ;. general principles of law. This, Germany declares, is the fact, and her only obligation under the treaty is to pay for ships and cargoes so de- stroyed.
 T The United States attaches an inn portance to it's construction of the treaty of 1928 far beyond the Frye case itself. Germany has made certain general claims in the course of the discussion of the Frye case. to admit which would greatly impair the position of the United States in future cases, particularly in regard to submarine operations That is why 1t is certain that the German offer of conditional payment of the losses in the Frye case will not be accepted.
 It is possible, however, that while the Governments are seeking to reach some adjustment of view on the ques- ton of treaty interpretation, the own CTS of the Frye may step in and get their money from Germany without further delay.
 There is nothing to prevent the owners of the Frye from relieving the United States of charge of their in- terests and notifying Germany that they are willing to have the amount of damages due them fixed by joint commission of experts The question of treaty interpretation is nothing to the owners of the Frye, whose proper and sole interest is merely in recover