The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-05-06
j. 5. PROTESTS IN
W.P.FRYE CASE
Objects to Plan Of Having
Amount of Damages Deter
mined by Prize Court.
URGES DIRECT DEALING
Germany Asked to Settle Case by
Negotiations Through Diplo-
matte Channels.

The United States has asked Germany
to forego her suggestion that the case
OF the destruction of the American
schooner William P. Frye be referred to
a German prize court and that instead
the amount Of damages to be paid by
Germany be settled by direct negotia-
tons between the state Department and
the German Embassy in Washington.
The note making this request to Ger
many was made public here yesterday,
following the receipt OF dispatch from
Ambassador Gerard, at Berlin. reporting
that he had received the communication
sent from Washington on April IS
Here is the text of the note to Ger
many on the Frye case:
In reply to your eXcellency's note
of the 9Th instant. which the government
Of the United States understands admits
the liability of the imperial German gov
eminent for the damages resulting from
the sinking of the American sailing YES
sci William Z. Frye by the German aux
iliary cruiser Prinz Eitel Friedrich on
January IS last, | have the honor to say.
by direction OF my government that
while the promptneSs with which the i'm
periaI German government has admitted
It's Is app h''
eovern~ent feels that it would be in
appropriate in the circumstances OF this
case and would involve unnecessary de-
lay to adopt the suggestion in your note
that the legality Of the capture ana
destruction the standing of the claimants
and the amount of indemnity should be
submitted to prize court.
Treaty obligations Violated.
.Unauestionably the destruction of this
vessel was a violation of the obligations
imposed upon the imperial German gov
eminent under existing treaty stpula-
tons between the United States and
Prussia, and the United States govern
ment by virture of it's treaty rights. has
presented to the imperial German gov
eminent a claim for indemnity on ac-
count of the resulting damages suffered
by American citizens.
The liability of the imperial German
government, and the standing OF the
claimants as American citizens, ana the
amount of indemnity are all questions
which lend themselves to diplomatic ne
gotiations between the two governments.
and happily the question of liability has
already been settled in that way. The
status of the claimants and the amount
of the indemnity are the only questions
remaining to be settled. and 1t is appro-
pirate that they should be dealt with IN
the same way.
The government Of the United States
fully understands that as stated in your
eXcellency's note the German govern
ment is liable under the treaty provisions
above mentioned for the damages aris-
ing from the destruction of the cargo
as we'll as from the destruction of the
vessel But 1t will be observed that the
claim under discussion does not include
damages for the destruction of the car
go and the question of the value OF the
cargo therefore is not involved in the
present discussion.
The government of the United States
recognizes that the German government
will wish to be satisfied as to the Amer
lean ownership of the vessel, and the
amount of damages sustained in conse-
c.uence of her destruction.
Further Evidence offered.
These matters are readily ascertain |
able. and il the German government de-
sires any further evidence in substantial |
ton of the claim on these points. in ad-
dition to that furnished by the ships
papers. which are already in the posses |
sion of the German government. any ad- |
iitional evidence found necessary will be |
In this case, however. mas
man government may wish to have pro-
duced is more accessible and can more |
be examined in the United |
States than elsewhere. on account of the |
presence there Of the owners and captain |
,f the William 2. Frye and their docu- |
nentary records and other possible wit |
nesses, the government of the United |
States ventures to suggest the advis-
! bility of transferring the negotiations
for the settlement of these points to the
imperial German Embassy at Washing
.on.
In view of the admission of liabilities.
~ rea son of specific treaty stipulations.
II has become unnecessary to enter into
discussion of the meaning and effect Of
he Declaration of London. which is
xiyen some prominence in your excel
ency's note Of April 5, further than to
,ay that. as the German government has
,lready been advised. the government Of
he United States does not regard the
Of London as in force