The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1915-08-26
ACCEPTS GERMAN
OFFER IN FRYE CASE
DAMAGES FOR SHIPS LOSS ~
BE FIXED BY COMMISSION :
AS PROPOSED.
American Reply to eermany's Last
Note Regarded as Putting tns
Noted Case Well On the way
to Settlement.


P. Frye, made public here TUESDAY =!
the state department, accepts Tue pio
posal that damages be hxed by
r,ixed commission and that the as
puted treaty provisions be supHlI'eu
To arbitration at The Hague, Dut Calls
on Germany for a statement mean
while, as to whether she intends 10
conduct her future naval operations
in accordance with her Interpretation
of the Prussian-American treaty OF
those of the United States.
The note is regarded as putting the
noted case well on the way to set
Element. 1t is addressed by Secretary
Lansing to Ambassador Gerard at
Berlin.
The note follows:
You are instructed to present the
following note to the German minister
for foreign affairs:
Under instructions from my gov
eminent / have the honor to INFORM
your excellency in reply to your note
of July 80, in regard to the claim
for reparation for the sinking OF the
William p Frye, that the government
of the United States learns with re-
greet that the objections urged by II
against the submission of this case to
the prize court for decision nave not
commended themselves to'the imperial
German government. and 1t equally re-
grets that the reasons presented by
the imperial German government for
submitting this case to the prize
court have failed to remove the OBJ
jections of the government OF the
United States to the adoption OF that
course.
AS this disagreement has been
reached after the full presentation
of the views of both governments in
our previous correspondence, fur
Their exchange of views on the ques-
tions in dispute would doubtless be
improbable, and the government of
the United States therefore welcomes
your excellency's suggestion that
some other way should be found for
settling this case.
The two methods of settlement
proposed as alternative suggestions
in your excellencys note have been
given careful consideration, and it is
believed that If they can be com
80 LudL lucy may DOlH UC
| adopted, they will furnish a satisfac-
tory basis for the solution of the
| questions at issue.
The government Of the United
States has already expressed its de
sire that the question of the amount
of indemnity to be paid by the i'm
perial German government under its
admitted liability for the losses OF
the owners and captain on account
of the destruction of the Frye should
be settled by diplomatic negotiation
and 1t entirely concurs with the sug
gestion of the imperial German gov
eminent that the simplest way would
be to agree, as proposed in your note
that each of the two governments
designate an expert and that the two
experts conformity fix the amount O
indemnity for the vessel and an,
American property which may havC
been sunk with her." to be paid b.
the imperial German government
when ascertained as stated in you
note. 1t is assumed that the al
rangement will include some provi
sion for calling in an umpire in cas-
the experts fail to agree.
The government OF the Uniteu
States notes that your suggestion /
made with the express reservation
that a payment under this arrange
ment would not constitute an admis
sion that American treaty rights ha
been violated. but would be regarde
by the imperial German government
merely as fulfilling a duty or polio
founded on existing treaty stipuls
| ftnnC A do
Outstanding would be entirely accept
able to the government Of the Unite
States, provided that the acceptanc
OF such payment should likewise b
understood to be without prelude
to the contention of the government
OF the United States that the sinkin
OF the Frye was without legal just
hcation. and provided also that an Al
rangement can be agreed upon ia
the immediate submission to arbitr,
ton of the question of legal justific,
ton, in so far as 1t involves the Il
depreciation OF existing treaty stipl
lations.
There can be no difference OF opi,
ion between the two governments 2
to the desirability OF having TIL
question of the true intent and meaI
ing OF their treaty stipulations d
termined without delay, and to tn,
end the government of the Unite
States proposes that the aftermath,
suggestion of the imperial Germs
government also be adopted. so III;
this question of treaty interpretatic
can be submitted forthwith to arbitr
tion pursuant Of article 80 of TT
Hague convention for the pacific s,
Element of international disputes
In this way both the question
indemnity and the question of trea