Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-08-05
German Note
on Frye Case
REFUSES TO coNcEDE 1T WAS
VIOLATION OF AMERICAN RIGHTS
PAYMENT OF DAMAGES
When the Amount is Fixed by Two
Experts, One to Be Selected by
Each Country-Invites Arbitration
at the Hague.

Washington, Aug. 4.-Germany is
unusually determined in ser 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 violation of American
rights under the Prussian-American
treaty or international law.
Experts to Decide Damages.
In reply to the last representations
of the United States, the German for
eign office in a note made public here
tonight by the state department, reit-
crates a previous justification of Ger
many's course, declares again her will
hngness to pay for the ship and ac-
ceptS a proposal first advanced by the
United States-that the amount of
damages be fixed by two experts, one
to be selected by each country.
Pledges Prompt Payment
Such a sum the German government
pledges itself to pay promptly, with
the stipulation, however, that the pay
ment shall not be viewed as a salts
faction for, violation of American
rights Should that method be unsat-
isfactory, Germany invites the United
States to arbitration at The Hague
The unofficial view here is that rep
aration by a commission of experts
probably will be satisfactory to the
United States with the express pro-
vision, however, that it is not a waiver
of treaty rights for which the Amer
lean government contends, but applies
only to the matter of damages
1t is virtually certain that if the
United States allows the dispute to go
to The Hague for Interpretation of the
treaty provision or continues the aca-
demic discussion of principles through
the channel of diplomacy, it will in
sist that meanwhile Germany refrain
=
States contends are its rights
What Dispute RevoIves About
The entire dispute, revolves about
Article 13 of the Prussian-American
treaty of 1893. which was revived and
included in the treaty of 1928. That
article, the United States contends,
specifically protected the william P.
Frye from being sunk, although it did
not protect a contraband cargo Ger
many takes precisely an opposite view,
contending that the article only obli-
gates her to pay damages. Further
more, Germany replies that as the
Frye's cargo of wheat destined to Eng
land was contraband the ship was Ii
able to confiscation and that as an at
tempt to take the prize into a German
port would have imperilled her cap
tor, the destruction of the Frye, was
according to general principles of in
ternational law"
Rights of BeIIigerents.
'"The right of sinking" says the
German note, "is not mentioned in the
treaty and is therefore neither ex-
pressly permitted nor expressly pro-
hibited, so that on this point the party
stipulations must be supplemented by
the general rules of international law.
1t is not disputed by the
American government that according
to the general principles Of interna-
tional Ia wa belligerent is authorized
in sinking neutral vessels, under al
most any conditions for carrying con-
traband.''
The Disputed Treaty Provisions.
The note argues at length for the
German Interpretation of the disputed
treaty provisions, contending that its
intent is to establish reasonable COM
promise between the military inter-
ests of the belligerent contracting par
ty and the commercial interests Of the
neutral party.
''On 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; on the other hand the
commerce and navigation of the neu-
trail party is to be interfered with as
little as possible by the measures nee
essary for such prevention, and rea-
sonable compensation is to be paid for
any Inconvenience or damage which
may, nevertheless, ensue from the pro-
ceeding Of the belligerent party"
Interpretation of Treaty.
That, in short, is Germany's argu-
ment, based on her Interpretation of
the treaty, and to that the view of
the United States is squarely opposed.
Payment for the Frye in the manner
suggested will not affect the Ques-
ton of rights under the treaty. n
Case of the LeeIanaw. ~ST
A German prize court on July 10
held the imperial government for
damages, but fixed no amount since
the United States declined to become
party to the proceedings. demanding
settlement by diplomacy under the
treaty. The case of the American
steamer Leelanaw, recently sunk by a
German submarine, is parallel to the
Frye case. 1t is now in the prelim-
mary stages Of diplomatic negotiation.
PRESIDENT WILSON Is