The Dolores star. [volume] (Dolores, Montezuma County, Colo.) 1901-current, 1915-08-13
N0TEIN FRYE CASE
KAISER INSISTS ON RIGHT ~
SINK sHIPs BUT oFFgRs
TO ARDirRArg.,
while Germany 10 UnyIsidins. VIII
Pay, With the stipviatien That
Amount 10 Not To De
Viewed 10 "oatisfae-
ton" BY VI ..

Western Newspaper Union News Service.
Observation-Disclosures 10 uDyisld-
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 the
South Atlantic last January was . "
olation Of American rights under the
Prussian-American Treaty. Of intsrnar
tional law.
In reply to the last Representatives
Of the United States the German for
eisn office in note made public here
Wednesday night by the State Depart
ment reiterates . previous justifica-
ton Of Germany's course; declares
again her willingness to pay for the
ship. and accepts . proposal first i'd
vanced by the United States-that the
amount of damage be fixed by two q.
perts, one to Be selected by each
country.
Such Q sum the German government
pledges itself to pay promptly. with
the stipulation. however. that the pay
ment shall not be viewed ~ . salts
faction for violation Of American
rights. Should that method be unsst-
isfactory Germany invites tie United
States to arbitration 1t The Hague.
The unofficial view here 10 that rep
afation by . commission Of experts
probably viii b satisfactory to the
United States. with the express pro
vision, however, that II 10 not wsiv.
Or Of treaty rights for which the
American government contends. bat
applies only to the matter Of damages.
II 10 practically certain that II the
United States allows the dispute to
90 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 it, rights.
The entire dispute revolves about
article 10 Of the Prussian-American
treaty OF 1899. which was revived and
included in the treaty Of 1898.
That article, the United States CON.
tends, specifically protected the VIM.
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 pay damages.
Furthermore, Germany replies that
a. the Erye's cargo Of wheat destined
to England was contrAband. the ship
was liable to confiscation, and that
a. 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"
"On the one hand" says the note.
''the belligerent party u 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, lis not mentioned in the
treaty and 10 therefore neither Ok.
pressly permitted nor expressly pro-
hibited. % that on this point the party
stipulations must be supplemented BY
the general rules Of international law.
at IL not disputed by the American
government that. according to the gen
eral principles of international law, .
belligerent 10 authorised 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 it,
intent 10 to establish reasonable COM
promise between the military interests
Of the belligerent contracting party
and the commercial interests of the
neutral party.
Admits Liability Tor Damages.
On the other hand, tho commerce
and navigation OF the neutral party
is to be interfered with A. little. -
possible by the measures necessary
for such prevention, and reasonable
compensation IL to be paid for any In.
convenience or damage which may.
nevertheless, ensue from the proceed
ing Of the belligerent party, ..
That. In short. IL Germany's arSu-
ment. based On her Interpretation Of
the treaty. and to that. the view Of
the United States 10 sauarely opposed.
Payment for the Frye in the man
nsr 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 declinesf to become
party to the proceeding, demanding
aaftlAmaat hY dinlnfnnesn nnsaae. Tia