Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-05-06
Document Takes Note Of Ger
man Assumption Of LiabiI-
lty for Destruction Of Vessel
by Prinz Eitel friedrich,
PLAN FOR TEUT0N
COURT IS OPPOSED
State Department Suggests
Embassy Settle Incident, as
America Is Not Bound by
Declaration of London.

nv soNNlHe JOURNAL sPseisl lrAsHp wiRsl
Washington, May By mutual
agreement with the German foreign
office. the state department today
made public the text Of it's reply to
Germany's note concerning the claim
Of the United states for an indem-
nifty to the owners OF the American
ship William Z. FRYE, sunk By the
Prinz Eitel Friedrich.
The American communication
takes note Of the fact that Germany
accepts liability for the act under the
treaty OF 1928 between the United
States and Prussia, but declines the
suggestion that a German prize court
pass on the legality of the capture
and destruction, Under the declara-
tion OF London the standing OF the
claimants and the amount OF in
demnily.
London Declaration Not Binding.
Pointing out that the United
states early in the present war an
nounced that It would not be bound
by the declaration of London because
II had not generally been ratified, the ,
note asserts that the standing OF the
claimants and the amount OF In
demnty lend themselves to diploma
tic negotiation and SUGGESTS that the
German embassy in Washington be !
authorized 10 deal with the matter. !
The text OF the American note de- !
clining the suggestion that repara-
ton for the sinking Of the American
sailing ship William p. Frye by the
converted cruiser Prinz Eite Fried |
rich be made through a German
prize court and reiterating the rep
resentation for indemnity, was made
public today by the state department.
Alrcady Presented In Berlin.
1t already has been presented TO
the Berlin foreign office in the form
OF a communication from Ambassa-
dor Gerard II follows
In reply to your excelleney's note
Of the 5th instant, which the govern |
ment OF the United States understands (,
admits the liability Of the imperial |
German government for the damages
resulting from the sinking Of the
American sailing vessel William r. /
Frye by the German auxiliary cruiser
Prinz Eitel Friedrich on January 2S, /
last, | have the honor to SAY, by di- I
rection of my government, that
while the promptness with which the
imperial German government has
admitted its liability Is highly appre-
ciated. my government feels that II
would be inappropriate in the cir
cumstances of this case and would in
volve unnecessary delay to adopt the
I'm your note that Tho le-
gality Of the capture and destruction,
the standing Of the claimants and the
amount of indemnity should be sub
mitted to q prize court,
Destruction of ship Unwarranted.
4 IL.
this vessel was violation of the OH
legations imposed upon the imperial
German government under existing
treaty stipulations between the Unit
ed States and Prussia, and the Unit
ed States government by virtue Of its
treaty rights, has presented to the
imperial German government q claim
for indemnity ON account of the re-
sulting damages suffered by American
citizens.
THE liability of the imperial Ger
man government and the standing Of
tie claimants as American citizens
and the amount of indemnity are all
questions which lend themselves to
diplomatic negotiations between the
two governments and happily the
question Of liability has already been
settled In that way. The status OF the
claimants and the amount Of In
demnity are the only questions re-
to be settled, and II Is APP
that they should be dealt
with in the same way
German Government Liable.
THE government .of the United
states fully understands that, as stat
cd in your excelleney's note, that the
German government is liable under
1.
toned for the DAMAGES arising from
the destruction of the cargo, as we'll
rs from the destruction of the yes
sell But it win be observed that the
claim under discussion does not in
,lude damages for the destruction OF
he cargo and the question of the
value of the cargo, therefore is not !
involved In the present discussion.
"'rho government of the United s
States recognizes that the German
government will wish to be satisfied
ls 10 the American ownership OF the
vessel and the amount of tho dam T
ages sustained in consequence OF her ,
II
Evidence Is at HIND Ii
These matters are readily ascer- 7
ainable and If the German govern /
nent desires any further evidence in ,
iubsthVtldtlOn OF tue cihini on tHeSe [
points. in addition TO that furnished :
~ the ships papers, which are al
'eady in the possession OF the Ger 4
nan government. any additional evil /
ience found necessary will be pro {
iuced. In that case, however. mas
much as any evidence which the +
4erman government may wish to s
nave produced is more accessible and !
AN more conveniently be examined q
n the United States than elsewhere 5
IN account of the presence there OF :
he owners and captain Of the Will II
lam r. Frye. and their documentary 4
'ecords. and other possible witnesses, q
he government of the United States I
'entures to suggest the ACCESSIBILITY
II transferring the negotiations for
he settlement Of these points to the I