The Keota news., 1915-08-13
KAISER INSISTS ON RIGHT TO
SINK SHIPS BUT OFFERS
TO ARBaTRATE
While Germany 10 unyieiains "il'
Pay. With the Stipulxtipn That
Anepns 10 Mot To ee
Viewed As --6atisfAe-
tien" BY " s.

Wesrern N~wHisEI'<s Giiipn News htrsbs
Wxkhinx1on.-Germa is unyaeao-
ing in her refusal TO c9ncede that the
sinking Of the American sailing ship
William P. Frye by the auxiliary
cruiser Prinz Eiiel Friedrich in the
South Atlantic last January was "
olz,ion Of American rights under the
PruESiAn-Auerjczn trext,y Of interoAr
uonAl law
Ia reply 10 the last representations
cf the United States the German for
eikn office in q note made public here
Wednesday night by the State Depart
meni yeiterAtes Z previous 1uSt1iicAr
ton Of Gerrn1ny's course: declares
again her willingness to pay Tor the
ship. and accepts . proposal first Ad-
vxnced by the United StAtes-th1t the
amosnt Of damage be fixed By two ex-
perts. one TO be selected By each
country.
Such q sum the German government
pledges itself to pay promptly. with
the stipulation. however. ihz. the pay
ment shall MOI, be viewed n salts
faction for violation OF American
rights. Shor1d tha. method be unkat-
isiAe1orr Germany invites the United
States TO arbitration At The Hague
The unofficial view here is that yep
aration By . commission Of experts
probably win be satisfactory to the
United States. With the express pro
vision, however. that II - not . waiv-
es Of treaty rights for which the
American government contends. but
applies only to the matter Of damages
Il II practically certain that II the
United States allows the dispute TO
70 70 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 tho
United States contends are its rights.
The entire dispute revolves about
article IL Of the Prussian-Amertcan
treaty OF 1893. which was revived and
included IN the treaty Of 1928.
That article. the United States con.
tends. specifically protected the VIII.
lam p. Frye from being sunk. although
It did not protect . contraband cargo.
Germany takes precisely an opposite
view. contending that the article only
obligates her to psT damages.
Furthermore, Germany replies that
~ the Ffye's cargo Of wheat destined
to England was contraband. the ship
was liable to confiScation. and that
~ an attempt to take the prize into .
German port would have imperilled
her captor. the destruction Of the Frye
was according to general principles
OF international law"
ION 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.
1.-The right Of sinking" says the Ger.
man note. lis not mentioned in the
treaty and IL therefore neither ex.
pressly permitted nor expressly pro-
hibited. 20 that on this point the party
stipulations must be supplemented by
the general rules Of international law
1T il not disputed by the American
government that. according to the gen.
sral principles Of International law. q
bslligerent IL authorized in sinking
neutral vessels under almost any con.
diti0ns for carrying contraband."