Bisbee daily review., 1915-06-29

WASHINGTON. June 2S.-By agree. ment of the German foreign office. the State Department made public to. night the text of the note sent June 24 by the United States asking Ger many to reconsider its refusal to set tie by direct diplomatic negotiations instead Of prize court proceedings, the claim presented on behalf of the cap tain and owners Of the American ship Frye, sunk with its cargo of wheat by the Prinz Eitel Friederich. Ambassa- dor Gerard cabled that he delivered the note Saturday.
 The American government declares that inasmuch as Germany has admit ted liability in sinking the Frye under the treaty of 1928. prize court pro- ceedings are unnecessary, and not Binding upon the United States. Aside from the question of how the indemni- ty is to be paid, it now brings out clear ly the refusal of the United States to aCcept the contention that Germany has the right to stop the carrying of contraband by American ships "by the destruction of the cOutraband and the ship carrying it." While no men ton is made of submarine warfare. either in the last German note or the present reply, the occasion is taken Go deny this right because of the belief that an admission now might, in the future, be used as a jusufica- tion of submarine attacks on Ameri. can ships.
 Gerard was instructed by his govern ment 10 say 1t has carefully consider cd the reasons given by the German government i'm urging that the Frye claim be passed upon by a German prize court instead of being settled by direct diplomatic discussion be, tween the two governments proposed by the United States. and that it re- grets it is unable to concur in the con- clusions of the Imperial government.
 The United States has considered that the only question is which meth cd shall be used for ascertaining the amount of admitted liability and notes with surprise that the Imperial Ger man government now seeks to raise questions upon the meaning and eff feet of the treaty stipulations under which it had admitted liability The Government of the United States did not find in the treaty stipulations G7991S2S) any justification of the sinking of the Frye and does not con- slider the German prize court any jur isdicuon. for the amount of indemnity to Doe paid by the Imperial German government on account of the admit ted liability for the destruction of an American vessel on the high seas.
 By express terms the treaty prohib- it's even the detention of neutral vessel carrying contraband if the mas ter of the vessel is willing to surren- der contraband. In this case 1t is ad- mitted the facts show that pursuant tO the orders of the commander Ger man cruiser the master of the Frye undertook Co throw overheard the car go of that vessel. but before the work ''''f AAtiAHAthNA NAiN hNnNFl hn nnNk DN order of the German commander. For these reasons, even if it be assumed the cargo was contraband, your con tentiCn that the destruction of the yes sel was justified does not seem well founded. lt seems clear to the gov ernment of the United States. there fore, that whether the cargo of the Frye was contraband of non-contra- band, the destruction of the vessel was, as stated in the previous com. munication a violation of the obliga- tions imposed on the Imperial Germau goyernmentgOyernment under the ex- isting treaty stipulations between the United States and Prussia.
 For these reasons the government of the United States must disagree with the contention of the Imperial government that an American vessel may be deslloyed without liability and accountability beyond the pay ment of such compensation for dam. ages as may be fixed by a German
 prize court.