Omaha daily bee., 1915-05-06
PRIZE COURT IDEA
REJECTED BY BRYAN
Text Of Note in Which United States
Refuses to Submit Frye Case to
German Tribunal.
IS SUBJECT FOR NEGOTIATION

WASHINGTON. May 5.-The text
OF the American note to Germany de
clining the suggestion that repara
ton for the sinking OF the American
sailing ship william p. Frye by the
converted cruiser Prinz Eitel Fried
rich be made through a German prize
court and reiterating the representa-
lions for indemnity, was made public
today by the state department. Il
already has been presented to the
Berlin foreign office in the form OF
a communication from Ambassador
Gerard. It follows:
In reply 20 your excellsncy's note Of
the 5th inst. which the government OF
the United States understands admits the
liability Of the imperial German govern
ment for the damages resulting from the
sinking of the American sailing vessel
William p. Frye by the German auxiliary
cruiser Prinz Eitel Friedrich on January
Is. last. have the honor to say, by al
rection OF my government. that while tho
promptness with which the imperial Ger
man government has admitted its liza
bility Is highly appreciated, my govern
ruent feels that n would be inappropriate
in the circumstances OF this case and
would Involve unnecessary delay TO adopt
the suggestion IN your note that the
legality OF the capture and destruction,
the standing Of the claimants and the
amount Of indemnity should be submitted
to a prize court
violation of Treaty Clear.
Internationally. the destruction OF this
vessel was a violation Of the obligations
imposed upon the United States and
Prussia and the United states govern
ncnt. by virtue OF It's treaty rights. has
presented to the imperial German gov
eminent q claim for indemnity on account
Of the resulting damages suffered by
American citizens.
THE liability Of the imperial German
government and the standing Of tho
claimants as American citizens and the
amount Of Indemnity are all questions
which lend themselves 20 diplomatic ne
gotiations between the two governments.
and happily the question OF liability has
already been settled In that way Tho
status OF the claimants and the amount
of indemnity are the only questions re-
manning to be settled. and Il IL arpro-
pirate that they should be dealt with IN
the same way.
No Question ~ 90 CaFgo.
The government Of the United states
fully understands that, as stated In your
exceliency's note, the German govern
rnent Is liable under the treaty provi-
sions above mentioned for the damages
arising from the destruction OF the cargo.
~ well az from the destruction OF tho
vessel But IL viii be observed that tho
claim under discussion does not Include
damages for the destruction Of the cargo
and the question Of the value OF the
largo there is not Involved In the present
discussion.
"The government OF the United States
rtcoguixes that the German government
VIII Wish 70 be satisfied as 20 the Amerl-
can ownership Of the vessel and the
AMOUNT lof the damages sustained IN con-
sequence Of its destruction
snggests Transfer OF Negotiations.
These matters are readily ascertain
able. and u the German government do
s'res any further evidence IN substantial
Tor OF the claim on these points. In ad-
clifton to that furnished by the ships
papers. which are already In the posses
sion Of the German government. any adj
ditional evidence found necessary viii be
produced. In that case. however. mas
much "a any evidence which the German
government may wish to have produced
T. more accessible and can more con-
veniently be examined In the United
Statea than elsewhere. on account Of the
presence there OF the owners and captain
u the William p. Frye and their docu-
n'entary records and other possible wit
nesseH. the government OF the United
states ventures 20 suggest the advisa-
bllity OF transferring the negotiations for
the settlement OF these points 60 the I'M
perial German embassy at Washington.
In view OF the admission OF liability
or by reason OF specific treaty sfipula-
tons. Il has become unnecessary to onter
Into discussion OF the meaning and
effect OF the Declaration OF London
which l. given some prominence In your
exeeilency's note Of April s. further thar
20 say that a. the German government
already has been advised the government
Of the United States does not regard the
Declaration OF London as m force"