The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1915-07-02

lie news CdIuS lEOIn
Gerard and was notably the first in
formation of a definite nature re-
ceIved since the American note
reached the German foreign office.
The exact nature of the ambassadors
message was not divulged for obvious
reasons The ambassadors dispatch
was of sufficient detail to put officials
in an optimistic attitude. 1t was COM
municated at once to President Will
son at the summer white house at
Cornish, n H.
WASHINGTON, D. c.. = Publication
Of the text of the American note sent
to Germany on June "a, with regard
to the case of the American sailing
ship VIM P. Frye, sunk by a German
Warship last January, disclOses the
fact that the controversy has become
one regarding the Interpretation of
the treaty of 1928 between the Unit
ed States and Prussia. Indirectly,
by virtue of certain claims made by
the German government as to her
right to sink neutral vessels carry
ing contraband, the correspondence
also is coming to have a bearing on
the issues involved in the submarine
question
U. S. Rejects Prize Court Plan.
The note made public here shows
the United States for the second time
taking exception to the German plan
of having the Frye case settled in
prize court. The United States re-
news it's demand for the payment of
indemnity, the amount of which it
asserts should be agreed upon in di-
rect negotiations between the two
governments It is made clear in the
note that the United States will have
nothing to do with any prize court
proceedings which the German gov
eminent may institute in the Frye
case. AS the owners OF the Frye have
put their interests entirely in the
hands of the state department it is
considered unlikely that they will
make any effort to be represented in
late this month.
The stand of the United States in
this case rests wholly upon the pro-
visions of the treaty of 1928, which as
Germany herself admitted in the first
exchange of notes on the subject rem
dered her liable to pay an indemnity
for the destruction of the Frye. Ger
many having been the first to invoke
this treaty as still in force and apply
ing to this issue, the state department
is endeavoring to hold her to the
ground she has taken. The issue is
thus summed up by Secretary Lansing
in his latest note:
1.-THE real question between the two
governments is what reparatiOn must
be made for a breach of treaty obi
cations, and that is not a question
which falls within the Jurisdiction of
a prize court"
1t is said further that the United
States government cannot recognize
the propriety" of submitting the Frye
claim to a German prize court for
settlement
"The issue thus presented" says
the Lansing note, "arises on a dis.
puted Interpretation of treaty provi
sions, the settlement of which re-
quires direct diplomatic discussion be-
tween the two governments and can
not properly be based upon the de-
cision of the German prize court,
which is in no way conclusive or
binding upon the government of the
United States"
Submarine Question involved.
Secretary Lansing also dissents
most vigorously from claims put for
ward by Germany in the note to which
his communication is reply to. the
effect that the treaty of 1923 gives
either party the right to destnSy a
vessel belonging to the other party
when carrying contraband, if it is
not practicable to stop the contraband
in any other way. This is the conten-
tion which has been regarded here
as bearing upon Germany's submarine
operations 1t is believed here that
the German government is seeking to
have the prize court review the pro-
visions of the treaty of 1928 in the
hope of getting court decision which
will strengthen her position in regard
to the destruction by submarines of