The Birmingham age-herald., 1915-05-06
DECLINE ID HAVE
 PRIZE COURT PASS
 ON THE FRYE CASE
United States Note to Ger many Regagding Sinking of American Stip Is
 Made Public

Washington. May 5.--By mutun agreement with the German foreign ct flee. the state depnrfmcnt today ma.I. public the text of it's reply to Ger msny's note concerning the claim ot the United Stafes for an indemnify ts the owners of the American ship VII linm P. Frye. sunk by the Prinz Isitel Friedcrich.
 The American communication takes note of the fact that Germany accepts liability for the act under the treaty of 1928 be- tween the United States and Prussia. but declines the suggestion that d German prize court pass the legality of the cap ture and destruction under the declara- tion of London. the standing of the claim ants and the amount of indemnity
 Pointing out that the United States early in the present war announced that u would not be bound by the declaration or London because 1t had not generally been ratified, the note asserts that the standing or the claimants and the amount or Indemnity lend themselves to diplomatic negotiation and suggests that the Gerrno n embassy In Washington be authorized tn usai Wlth the matter.
 Tn reply to your excelfeny's nute or the 9th instant. which the gov ernment of the United States under stands admits the liability of the i'm rerial German government for inc oamages resulting from the sinking Of the American sailing vessel. Wil- liam F. Frye. by the German auxiliary cruiser. Prinz Eitel Friedrich, on Jan uary 2s, last, have the honor to say 0lra6ttnn nf while the promptness with which tl,e imperial German government has pd- mitted It's liability Is highly appreci- ated my government feels that 1t would De Inappropriate in the circumstance e s Of this case and would involve unneces- sary delay to adopt the suggestion in your note that the legality of the captura and destruction. the standing of tle claimants. and the amount of in demnity should be submitted to prize court
 Violation of Treaty
 Unquestionably the destruction of tnis vessel was q violation of the ,b- ligations imposed upon the imper,,,l tierman government under existing treaty stipulations between the United states and Prussia and the Unltcd states government by virtue of it's treaty rights has presented to the in.- perial German govefpmeut a claim fo r indemnity ofs accounf of resulting dain- ages suffered by American citizens.
 "The' liability os the imperial Ger man government and the standing of the claimants assAmerican citizens and the amount of indemnity are all ques- tions which lend theihs1lves to diplo- metic negotiations between the two governments and happily the question Of liability has already been settled in that way. The status of the claimants and the amount of Indemnity are the only questions remaining to be settled. and t is appropriate that they should he dealt with in the same way
 The government of the United States fully understands that, as stated in your excellency's note, the German govern ment k liable. under the treaty provis- ions above mentioned. for tile damages arising from the destructfoneof the cargo as well As from the destr,iction of the vessel. But 1t will lbe 0haerved that the claim under discussion docs not include damages for the dsstrQction Of the cargo.
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