Connecticut western news., 1915-10-21
FRYE NOTE INSISTS
 ON VOY4GE2S' SAFETY
Text Of J, s. E3SS2ga tO
 Berlin Is tiada Pubic.


 man Frye. It insists that passengers aboard ships tnrprdoed dn not gel safety when merely consigned to small boats at sea. The text of the note. as addressed ;o AmbasSadar Gerard. fol- lows:
 In reply 10 you~ eNccllcncy's nn;e of Sept. lg on the subject of the claim fo' dan1Ees for the sinking of the Amcrtc1n merchantman Wili@m r Frye. | am in S:rurted by the government of the 'n't~' States to say that it notes with satsfuc. ton the willingness of the imperial Ger muil government tu settle the questions a, issue in this case hy rcfcrring to a joint com mission of experts the amount Of the in umuitr tn he paid by the inlperi1l Ger mrn government under it's admitted N1hl it., for the losses of the owners and cap tain OF account of the destruction of the vesrcl and by referring to arbitration tho question of the interpretation of treaty rights.
 The government of the United States further notes that in agreeing to this ar- ranrement the imperial German govern ment eNt 'ssly states that in making pay ment it does not acknowledge the vicla- tion of the treaty as contended by the government of the United States ard that the settlement of the question of ,nden- nity does not prejudice the arrgngemen' of the differences of opinion between the two governments concerning the interpre- tation of the treaty rights.
 An Umpire Is Dispensed With.
 The government of the United State" understands that this arrangement will also be without prejudice to its own con tention in accordance with the statemen of it's position in its note of Aug. 10 las to your eNcellency on this subject, and th' government ct the United States agrees 10 this arrangement on that understanG ing.
 Your excellencv states that the imperia' German government believes that the nomination of an umpire should be dis pensed with because it has been the. eNpe rience of the imperial German govern ment that the experts named in sue cases have always reached an agreement without difficulty and that should they disagree on some point 1t could probabls be settled by diplomatic negotiation.
 The government of the United States entirely concurs in the view that lt is not necessary to nominate an umpire in nd. vance It is not to be assumed that the experts will be unable to agree or that fl they are the point in dispute cannot be settled by diplomatic negotiation, but the government of the United States believes that in agreeing to this arrangement it should be understood in advance that in
  tied by the joint committed of experts oi by diplomatic negotiations the question will then be referred to an umpire if that is desired by the government of the Cnl- ed States.
 Assuming that this understanding is ac- ceptable to the imperial German govern. ment, it will only remain for the govern. ment of the United States to nominate it. expert to act with the expert already nominated by the German government en the joint committee. It seems desirable to the government of the United States that this joint committee of experts should meet without delay as soon as the Ameri can member is named and that it's meet inGs should be held in the United States, because. as pointed out in my note to you of April 30 last, any evidence which the German government may wish to have produced Is more accessible and can more conveniently be examined here than else where.
 Question of Treaty Interpretation.
 With reference to the argument 10 sub init to arbitration the question of treaty interpretation, the government of the United States notes that in answer to its inquiry whether, pending the arbitration proceedings. the German government will govern its naval operations in accordance with the German or American interpreta- ton of the treaty stipulations in ques-
 
 is that it "has issued orders to the Ger man naval forces not to destroy American merchantmen which have loaded condi- tional contraband, even when the condi- tions of international law are present, but to permit them to continue their voyage unhindered if it is not possible to take them into port" and that, "on the other hand, 1t must reserve to itself the right to destroy vessels carrying absolute contra band wherever such destruction fig permis- sible according to the provisions of the declaration of London"
 Without admitting that the declaration of London is in force on the understand. ing that tic requirement In article 50 0f the declaration that before the vessel is destroyed all persons on board must be placed in safety is not satisfied by mere ly giving them an opportunity to escape in lifeboats, the government of the United States is willing, pending the arbitral award in this case, to accept the declara. ton of London as the rule governing the conduct of the German government in re- lation to the treatment of American ves- sells carrying cargoes of absolute contra band. On this understanding the govern ment of the United States agrees to refer to arbitration this question of treaty in- terpretat ton.
 Would Hasten Hague Arbitration.
 The government of the United States concurS Tn the desire or the imperial ter man government that the negotiations relative to the signing of the compromise referring this question of treaty interpre- tation to arbitration under the provisions of article 52 Of The Hague arbitration convention should be conducted between the German foreign office and the Ameri- ran embassy in Ber~l, and the govern ment of the United States will be glad tu receive the draft compromise which you inform me the foreign office is prepared to submit to the American ambassador in Berlin.
 Anticipating that it may be convenient for the imperial German government to know in advance of these negotiations the preference of the government of the Unit ed States as to the form Of arbitration to be arranged for in the compromise. my government desires me to say that it would prefer. if agreeable to the imperial government, that the arbitration should be by summary procedure based upon the provisions of article SC to 90. inclusive of The Hague arbitration, rather than the longer form of arbitration before the pet. manent court at The Hague.
 LANSING.
 Prophets Foresee Severe Wint.r.