The Arvada enterprise., 1915-08-12
note in FRYE CASE
KAISER INSISTS ON RIGHT N
SINK SHIPS BUT OFFERS
TO ARBiTRATE.
While Germany 10 unyleldlns. VIII
Amount 10 Not To Be
Viewed a. "Satlsfae.
tion" BY US.
Newspaper Union New. Service.

westsrn Newspaper Union News Service,
NEUTRALITY-SUSPICIOUS. is unyield-
Ing in her refusal to concede that the
sinking OF the American sailing ship
William =. Frye by the auxiliary
cruiser Prinz Ettel Friedrich In the
olation Of American rights under the
Prussian.American treatry Of internar
tional law.
In reply to the last representations
eign office In n note made public here
Wednesday night by the State Depart
ment reiterates a previous justifica-
tion OF Germany's COURSE declares
again her Willingness to pay for the
ship, and accepts proposal first ad-
vanced by the United States-that tho
amount Of damage be fixed by two ex-
perts, one to be selected by each
country.
Such sum the German government
pledges itself to pay promptly. with
the stipulation. however. that the pay
ment shall not be viewed as q salts
faction for violation OF American
rights. Should that method be unsat-
isfactory Germany invites the United
States to arbitration at The Hague.
The unofficial view here is that rep
aration by a commission OF experts
probably will be satisfactory to the
United States. with the express pro
vision, however, that It is not waiv-
er of treaty rights for which the
American government contends. but
applies only to the matter Of damages.
1t is practically certain that II tho
United States allows the dispute to
go to The Hague for Interpretation or
the treaty provision or continues the
academic discussion OF principles
through the channel OF diplomacy. It
will insist that meanwhile Germany
refrain from violation OF what tho
United States contends are Its rights.
The entire dispute revolves about
article l3 of the Prussian'Americar
treaty OF 1893, which was revived nnc
included In the treaty OF 1928.
That article, the United States con
tends, specifically protected the VIII
lam p. Frye from being sunk. although
It did not protect contraband cargo
Germany takes precisely nm opposite
view, contending that the article onl!
obllgates her to pay damages,
Furthermore. Germany replies tina
ms the Frycs cargo OF wheat destined
to England was contraband. the shiI
was liable to confiscation. and tina
as an attempt to take the prize into
German port would have imperille'
her captor. the destruction OF the Fry
was according to general principlel
OF international law"
"On the one hand" says the note
"the belligerent party Is to have thu
war supplies to his ndversaries. ever
when carried on vessels OF the ncutra
pnrty.
"The right OF sinking" says the Ger
man note, "is not mentioned In thu
treaty and IL therefore neither e1
pressly permitted nor expressly pro
hibited. so that on this point the part!
stipulations must be supplemented b,
the general rules OF international law
1T is not disputed by the American
government that, according to the gen
eral principles OF international law.
beiligercnt is authorized In sinkini
neutral vessels under almost any con
ditions for carrying contraband."
The note argues at length for th'
German Interpretation OF the dispute,
treaty provision, conicnding that It,
intent is to establish a reasonable com
promise between the military INTEREST,"
OF the bclligcrcnt contracting par,l
and the commercial interests OF tn,
neutral party.
Admits Liability for Damages.
On the other hand. the cOmmerc,
and navigation OF the neutral pnrty
Is to be intcrfercd with ns little a
possible by the measures neccssar,
for such prevention. and rcnsonn bl,
compensation In to be paid for my In
convenience or damage which may
nevertheless. cnsue from the proceed
Ing Of the bclligcrent party"
Tint, In short. IL Germany's nrxu
ment. based on her Interpretation o'
the treaty. and TO that. tho Wow oi
The United States is squnr-ly opposed
Payment for the Frye In tho man
nor suggested would not affect the
question Of rights under the treaty
A German prize court on July II
held the imperial government ior
damages, but fixed no amount, sincs
the United States declined 20 become
n party TO the proceeding. demanding
settlement by diplomacy under this
treaty.
The case Of the American steamer
Leclhnaw recently sunk by a German
submarine In parallel to tho Frys cas-.
II now is IN the preliminary stages
Of diplomatic negotiation.
l a- -=