New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-13
WILSON ACCEPTS
FRYE PROPOSALS
Agrees to Indemnity Plan
and Arbitration for
1923 Treaty.
From The Tribune Bureau J

Washington. Oct. I'm the note on
the sinking Of the William p. Frye
sent to-day the State Department
agrees to Germany proposals to TX
the amount Of indemnity throug1
board of two experts. one named cy
each party. and TO refer the question
Of the Interpretation of the treaty OF
1928 to arbitration.
Pending the decision of the arbltra-
ton court. Germany IS permitted 10
destroy American vessels bearing abso-
Lutte contraband to her enemies, pro-
viding they are warned and their pas
sengers and crows removed 70 n place
of safety. Ii is expressly stated that
this condition cannot be fulfilled mere
" by allowing them TO escape IN the
small boats Of the vessel.
As Germany's attacks on commerce
are made almost entirely by suDina-
rines, which are unable TO accommo-
date extra passengers. the American
Concession" is not regarded as very
valuable from German point OF view
In the last note on the Frye case the
German government insisted that pend
inc arbitration the United States
should permit the destruction OF yes
sells. The State Department, while
nominally granting the point, has sur
rounded il with conditions that make
II practically impossible for Germany
70 take advantage of the concession;
Unless the survivors can be turned
adrift in small boats. there IS appar-
cntly no way for German submarines
70 sink contraband carriers without
raising a serious issue with this coun-
try.
L. s. Shifts Its View.
Surprise was expressed IN MANY
quarters to-day at the admlnlstratio on :
return TO the doctrine that small Doat'
are not places of safety within nc
meaning Of international law. In me
first Lusitania note President wilson
said clearly that submarines apparent
IN could not comply with internatlonal
law in attacking merchantmen ana
referred to leaving her crew and All
on board of her to the mercy OF the sea
in her small boats as violation OF
law. ,..
strated their ability 10 obey the law.
Several submarines had, in fact, halted
merchantmen with gunfire, but made
no provision for the safety OF tne
,rews beyond allowing them to get
away in the boats.
Many officials frankly confess that
the stipulation in to-day's note is UNI
reasonable in the light of this con-
cession. and they prophesy rejection
Of the proposal by Germany.
The FRYE case. it is believed, has no
immediate significance. No attacks
have been made on American merchant
men recently, and there are so Few
carving absolute contraband IN trans
atlantic commerce that it is not Thought
another case will arise. The State De-
partment. however, is anxious TO nave
The treaty of 1928 interpreted and
hopes Germany will accept to-days
note.
Although the treaty expressly pro-
vides that when one of the parties IS
engaged in war the ships OF the neu-
trail shall at no time be liable to de-
struction or detention by the belllger-
emit. even when they carry contraoand,
Germany defended the sinking OF the
FRYE and insisted that the State De-
partment was reading the treaty too
literally. The State Department has
taken the attitude that the treaty was
intended to cover just such cases as
that of the Frye.
Means More Indemnities.
The decision of the court of arbitra-
ton. if favorable TO the United States.
will give this government the right to
claim and exact punitive damages Tor
violation of the treaty, in addition TO
the indemnities paid to the owners OF
the vessel, which will be determined
by the board OF experts.
II is expected also to have a pro.
found effect on the whole question or
military necessity Germany's con.
tention that the literal construction OF
the treaty cannot be applied in extreme
cases is a familiar argument IN all wars
where beligerents find themselves
hampered in the prosecution of their
campaigns by treaty obligations. The
court Of arbitration. therefore, is eX-
pec.ed to furnish an interesting com
ment on the claim OF justification for
treaty violations.