South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-05
State Department Makes Pub
lie United States Reply to
German Note Admitting Re-
SponSibiIity for Sinking Ship.
SAY DIPLOMACY CAN
SETTLE ISSUES RAISED
Government Offers to Make All
Evidence Accessible to Ger
man Ambassador to Settle
Amount of Indemnity.

WASHINGTON May 5.-The state
department today made public the text
OF the American note OF April 2S TO
The German foreign office on the sink
ing Of the American ship William p.
Frye by the raider Prinz Eitel Fried
erich
The United States government re-
jects the German suggestion that the
legality Of the capture and destruction
OF the ship and the question of the
payment and amount OF indemnity be
submitted to prize court
1t proposes that the matter be set
tied by diplomatic negotiations point
ing out that the question of liability
ON the part Of Germany already had
been admitted and that the status of
the claimants and the amount of the
indemnity are the only questions re-
naming TO be settled.
The state department further sug-
sests that If the German government
ls not in possession of sufficient evil
dence To warrant diplomatic negOtia-
uons between the Berlin foreign of
nee and Ambassador Gerard. the mat
ter be placed in charge of the German
am bassadOr i'm Washington 10 whom
the evidence in the case Will be more
easily accessible.
Here's Text OF Note.
The text of the note follows:
I'm reply - your excellency's note
of the fifth instant. which the govern
ment of the United states understands
admits the liability of the imperial
German government for the damages
resulting from the sinking of the
American sailing vessel William p.
Frye. by the German auxiliary cruiser.
Prinz Eitel Friedrich on Jan. 2S last
] have the honor 10 say by declaration
OF my government that while the
promptness with which the imperial
German government has admitted it's
liability is highly appreciated, my gov
eminent feels that il would be map
prOpriate in the circumstances Of this
case. and would involve unnecessary
delay 10 adopt the suggestion in your
note that the legality of the capture
and destruction. the standing of the
claimants and the amount of indem-
nifty should be submitted TO a prize
court.
'Unquesuonably the destruction Of
this vessel was a violation of the OBJ
legations imposed upon the imperial
German government under existing
treaty stipulatiOns between the United
states and Prussia and the United
treaty rights, has presented to the i'm
peTial German government claim
for indemnity on account OF the re-
sulting damages suffered by American
citizens. The liability of the imperial
German government. and the standing
OF the claimants as American citizens,
and the amount of indemnity are all
questions which lend themselves TO
diplomatic negotiations between the
Two governments, and happily the
question of liability has already been
settled I'm that way. The status of the
claimants and the amount of the in
demnity are the only questions re-
maining To be settled. and it is ap-
propriate that they should be dealt
with in the same way.
Cargo Value Not at Issue.
The government of the United
states fully understands that as
stated in your eNcellency's note, the
German government is liable under
the treaty provisions above mention
ed for the damages arising from the
destruction OF the cargo as well as
from the destruction the vessel. But
IL will be observed that the claim un-
der discussion does not include dam
ages for the destruction OF the cargo,
and the question of the value OF the
cargo therefore is not included IN the
present discussion.
ne EOAtInlnEMt Va NAAN AA-' "a
states recognizes that the German
government viii wish 90 be satisfied
as 10 the American ownership of the
vessel and the amount Of damages
sustained in consequence of her de
ktruCtiOn.
These matters are readily ascer-
tainable and If the government de
sires any further evidence in sub
sanitation of the claim on these
points. in addition 10 that furnished
by the ships papers which are already
in the possession Of the German gov
eminent any additional evidence
found necessary viii be produced
I'm this case. however, inasmuch as
any evidence which the German gov
ernment may wish To have produced
is more accessi bic and can more con-
venicntly be examined in the United
States than elsewhere. on account of
the presence there of the owners and
captain OF the William y. Frye. and
their documentary records and other
papers your evidence therefore
shows much woTthiness.