The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-19
QUICK ARBITRATION OF
FRYE CASE, u. S. DEMAND
Germany's Proposals Virtually Accepted, With the Un-
Outstanding That America Does Not Agree That the
Lifeboat Method Provides Legal Safety at Sea.

WASHINGTON, Oct. lS.-The State De-
partment made public to-day the text
Of its new Frye note to Germany. which
calls for a quick arbitration of the u
boat controversy.
In the note it is declared that the Ger
man procedure Of putting ia ssengers and
crews OF merchantmen INTO small boats
ON the open sea does not. in the opinion
OF this Government. satisfy the provisions
OF International Jaw requiring belligerent
waiships to put such persons in a place
oi safety before destroying a merchant
man.
This declaration is regarded as having
an important bearing OH the submarine
controversy. II viii be recalled thai the
wheat laden American ship William 4.
Frye was sunk b. the German auxiliary
cruiser frina E!tel Friedrich last win
ter.
In making the declaration for safety at
sea the United States Is imposing IL as
a condition of It's agreement to Ger
niany's proposal that pending the settle.
inent OF a disputed Interpretation of the
treaty OF lS2S II will consider itself al
liberty to destroy American vessels
carrying absolute contraband to Ger.
many's enemies.
" is the opinion of officials here that
- " many tO1StlltS 10 ArlltIAtlpn UNI
der these conditions she will be stopped
from exercising the right she claims. rs
u Will not he practicable for her sub
marines ~ do anything with passengers
or crew OF such American merchantmen
except To put them idrift in small boats.
1t Is the rope ~ officials here that the
rOte viii terminate the correspondence
~ the Frye ease. which has extended
more than six mouths.
Tln n,t.sttnn 80, lI.,.. "a. ,.i...t..u Al.
treaty of lS2S does or does not prohibit
the sinking Of American vessels carrying
c~ontraband under any and all circum-
stances. Germany c~ontending that it does
rot forbid the sinking of such a vessel
when IL is inpracticablc for "A German
warship to take the vessel into port for
discharge of her contraband.
Text NJ the vote.
The text OF the Frye note is as fol-
lows:
The secretary Of state TO Ambds-
sddor GERARD.
state Department. Washington.
October -. 1915.
You arc instructed TO prescott the
joiio,cing mote 'o the German Minis
ter of Foreion Affairs:
In reply to your Exccllency's note
Ol september ~. Oh the SUBJECT u the
claim for damages for the sinking of
the American merchantmen William
T.. Frye. ! am instructed by the Gov
nme OF the United States to say
that II notes with satisfaction the
Willingness OF the Imperial German
Government to settle the questions AT
issue In this case by referring to "A
joint commission Of experts the amount
of the indemnity to be paid by the
. immortal German Government under
its admitted liability for the Losses Of
the owners and captain on account
of the destruction Of the vessel. and
by referring TO arbitration the ques-
tion OF the Interpretation of treaty
rights.
The Government OF the United
states further notes that in agreeing
to this arrangement the Imperial Ger
man Government expressly states that
in making paymen II does not
acknowledge the violation OF the
treaty as contended by the Govern
ment OF the United states and that the
settlement OF the question of indemnity
dues not prejudice the arrangement OF
the differences of opinion between the
two Governments concerning the IN
depreciation o: the treaty rights.
The Government OF the United states
understands that this arrangement VIII
he also without prejudice TO It's own
contention in accordance with the
statement OF It's position in its note or
August 10 last to your Excellency on
this subject. and the Government OF
the United states agrees TO TINS ar
rangement on that understanding
Question Of nm Umpire.
Your Excellency states that the I'm
perial German Government believes
that the nomination OF an umpire
should be dispensed with because IL
has been the experience OF the I'M
perlal German Government that the
experts named in such cases nave al
ways reached an agreement without
difficulty and that should they as
agree on some point it could prooapIE
:. be settled by diplomatic negotiation
The Government of the tinted
states entirely concurs in the view