Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-18
EFFECTS OF FRYE NOTE
MAY Be REACHING
On It's Face It Deals With One Case,
but May Influence Many
Others.
TENT is MADE
PUBLIC
Utmost Importance Attached to Ac-
ceptance Of German Offer to Arbi-
trate Question of Legal Justifica-
ton" for Sinking Vessel.

lace dealing with Il single ease IN.
Importance Of which could be meas
urea In comparatively small number
Oh doliars, the American note to the
German Foreign ONCE. made public
To-Day. in regard 10 the destruction of
inc sailing ship William T. Frye by
'he fr!nz Eitcl Friedrich. may have
results most Important in their bearing
on the whole question OF the treatment
OF neutral commerce by the European
bclligcrents
inc United states acuuiesces I'm the
German proposal that n Joint board Of
experts fix the value of the Frye. which
VIII be promptly i,'t+d for by 'tsEc Ger
man government. This was the origi-
nal American proposition
But the far-reaching effect OF the
note comes in it's acceptance OF the
German offer to arbitratc the question
or legal justification" for the sinking
OF the Frye. IN so far as that involves
the Interpretation Of the existing
treaties with Germany. If the German
government agrees to arbitrator i'm
the FORM suggested. II is believed here
the american government will be in n
position to address itself to Great Brj,
ain with greater force than heretofore
In advocacy Of the general freedom of
legitimate neutral commerce on m.
high seas. In the State DEPARTMENTS
view, this will be particularly true IL
germany accepts suggestion in the
Frye note uht she suspend-durfng the
AFoitration. ut least-her policy of de-
Htroying American ships carving con-
traband.
You are instructed to present tho
Following note to the German Minister
for Foreign Affairs:
Under instructions from nv pov-
erHHent. l have the honor to inform
our EScel!ency, III reply to your note
OF july 80 In regard To the claim for
PREPARATION Tor the sinking Of the VIII
nam 4. Frye. that the government o..
the lh!tcd states learns with regret
mat the objections urged against +. hv
ihc submission of this cas-, 10 tho nrIzc
court Tor decision have not commended
themselves to the imperial German GOV
eminent. and IL equally regrets that tho
reasons presented by the immortal Cor
man government for submitting this
case 10 ihe prize court have failed "a
remove the objections Of tn. govern
ment o! the United States 10 tn. ..dop-
ZION OF mat course. As this disagree
1heh' has been reached after the fun
presentation Of the views OF both gov
crAHnents in our previous correspon.
dence. a further exchange OF Views ON
The Questions in dispute NO I'D doubt
less he unprontabic. and the govern
ncnt OF the United States therefor.
welcomes Your Exccllency's suggestion
that some other way should be found
for settling this case.
The two methods OF settlement, pro-
posed AS alternative suggestions in
careful consideration. and II is believed
that II they can be combined so that
they may both be adopted. they VIII
furnish satisfactory basis for the So
luton OF the questions at issue.
NOTE ENTIRELY CONCURs
WITH GERMAN SUGGESTION
The government OF the United States
has already expressed its desire that
the question Of the amount of indemnity
TO be paid by the imperial German gov
eminent under its admitted liability
for the losses Of the owners and can
tain on account Of the destruction of
the Frye should he settled by diplo-
matic negotiation. and IL entirely con-
ours with the suggestion OF the i'm
perial German government that the
simplest way would be to agree as pro-
two governments designate an expert
and that tho two experts Jointly fix tho
amount OF indemnity for the vessel and
any American property which may have
been sunk with her 10 be paid by the
Imperial German government when as
eertained as stated in your note II
Is assumed that the arrangcment will
Include some provision for calling in
an umpire in case the experts fail to
agree
The government Of the United States
notes that your suggestion is made
with the express reservation that a
payment under those ARRANGEMENTS
would not constitute an admission that
American treaty rights had been vio-
lated, but would be regarded by the
Imperial German government merely as
fulfilling duty or policy founded on
existing treaty stipulatons. \ pay
ment made on this understanding
would be entirely acceptable to the
government of the United States. pro-
vided that the acceptance of such pay
ment should likewise he understood to
be without prejudice to the contention
Of the government of the United States
that the sinking of the Frye was with
put legal justification, and provided
also that an arrangement can be
agreed upon for tho immediate submits
zion to arbitration OF the question Of
legal justification. in far as 1t in
wolves the Interpretation of existing
treaty stipulations.
There can be no difference of opin-
ION between the two governments as 10
The desirabiiity Of having this question
Of the true intent and meaning Of their
treaty stipulations determined without
ielay, and to that end the poyernmo,t
IF the United States proposes that the
alternative suggestion of the imperial
German government also be adopted.
10 that this question of treaty inter-
,retation can be submitted forthwith to
arbitration pursuant to article SO of
the Hague convention for the pacific
Iettlement Of International disnutns