Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1915-08-28
ACCEPTS GERMAN
OFFER IN FRYE CASE
DAMAGES FOR SHIPS LOSS TO
BE FIXED BY COMM SSlON,
AS PROPOSED.
American Reply to Germany's Last
Note Regarded as putting the
Noted Case Well On the Way
to Settlement.

% Germanys last note on the sinking
Of the American sailing ship William.
P. Frye, made public here Tuesday b..
he state department, accepts the pro
posal that damages be fixed by a
mixed commission and that the dis
puted treaty provisions be submitted
20 arbitration at The Hague. but Gals
on Germany for statement, mean
while, as to whether she intends tt
conduct her future naval operations
In accordance with her Interpretation
Of the Prussian-American treaty or
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 Secretar.
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 inforL
your excellency in reply to your noe
Of July 80, sin regard to the Cal
Tor reparation for the sinking of thu
William P. Frye, that the government
II the United States learns with re
gret that the objections urged by Il
against the submission of this case tc
he prize court for decision nave moi
commended themselves to the imperia
German government, and it equally re,
grets that the reasons presented by
the imperial German government fol-
submitting this case to the prizt
court have failed to remove the Oh
'ections of the government of tn,
United States to the adoption of tina
curse.
AS this disagreement has beer
cached after the full presentation
# the views of both governments ii
cur previous correspondence, a fur
her exchange of views on the ques
ions In dispute would doubtless b
Improbable, and the government O.
he United States therefore welcomy
our exceliency's suggestion tina
5ome other way should be found TO
citing this case.
The two methods of settlement
proposed as alternative suggestions
IN your excellency's note have beer
given careful consideration, and it /
elieved that if they can be con
lined so that they may both b.
adopted, they will furnish satisfac
DRY basis for the solution of the
uestions at issue
The government of the Unite,
tates has already expressed its d
ire that the question of the amour
f indemnity to be paid by the in
erial German government under it,
admitted liability for the losses o
he owners and captain on accoun
If the destruction of the Frye shou
)e settled by diplomatic negotiation
and it entirely concurs with the sue
5estion of the imperial German gov
3rnment that the simplest way wou1d
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 Of
Indemnity for the vessel and an,
American property which may hav
been sunk with her." to be paid b.
the imperial German government
when ascertained as stated in you
note. 1t is assumed that the a
rangement will include some provi
sion for calling in an umpire in case
the experts fail to agree
The government of the United
States notes that your suggestion i
made with the express reservation
that a payment under this arrange
ment would not constitute an admis-
ON that American treaty rights ha
been violated, but would be regarded
by the imperial German government
merely as fulfilling a duty or policy
founded on existing treaty stipu'a
lions. A payment made on this I'm.
ferstanding would be entirely accept
7ble to the government Of the United
States, provided that the acceptance
Of such payment should likewise be
to be without preiudire
10 the contention of the government
Of the United State that the sinking
Of the Frye was without legal iusti-
ication, and provided also that an ar
rangement can be- agreed upon for
he immediate subm ssion to arh'tra-
ion of the question of legal iustifica-
lion, in SO far as it involves the in
.errretation of existing treaty stipu-
atoms.
There can be no difference of opin.
on between the two governments as
% the desirability OF having this
question OF the true intent and mean
ng of their treaty stipuIations de-
ern ined without delay, and to that
end the government of the United
States proposes that the alternative
suggestion of the imperial German
government also be adopted, so that
his question Of treaty Interpretation
AN be submitted forthwith to arbitra-
ion pursuant of article 38 of The
Iague convention FOR the pacific set
cement OF international disputes.
In this way both the question Of
indemnity and the question of treaty