The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1915-08-21
ACCEPTS GERMAN
OFFER IN FRYE CASE
DAMAGES FOR SHIPS LOSS TO
BE FIXED BY COMMISSION,
AS PROPOSED.
American Reply to Germany's Last
Note Regarded as Putting the
Noted Case Well On the Way
to Settlement.

WaSnlnRlOH.-l uc <AlACi iSoA ASPAJ
TO Germany's last note on the sinking
of the American sailing ship William
p. Frye, made public here Tuesday by
the state department, accepts the pro-
posal that damages be fixed by
mixed commission and that the dis
puted treaty provisions be submitted
to arbitration at The Hague, but calls
on Germany for statement, mean
while, as to whether she intends to
conduct her future naval operations
In accordance with her Interpretation
of the Prussian-American treaty or
those of the United States.
The note is regarded as putting the
noted case we'll on the way to set
Element. 1t is addressed by Secretary
Lansing to Ambassador Gerard at
Berlin.
The note follows:
You are instructed to preseAt the
following note to the German minister
for foreign affairs: ~
Under instructions. from my gov
eminent | have the honor to inform
your excellency in reply to your note
of July 80, in regard to the claim
for reparation for the sinking of the
William p. Frye, that the government
Of the United States learns with re-
greet that the objections urged by 1t
against the submission of this case to
the prize court for decision nave not
commended themselves to the imperial
German government, and 1t equally re-
grets that the reasons presented by
the imperial German government for
submitting this case to the prize
court have failed to remove the OBJ
jections OF the government of the
United States to the adoption of that
course.
AS this disagreement has been
reached after. the full presentation
|: of the views Of both governments in
our. previous correspondence, fur
Their exchange of views on the ques.
tons In dispute would doubtless be
Improbable, and the government OF
the United States therefore welcome!
your excellencys suggestion that
some other way should be found fol-
settling. this case.
The two methods of settlement
| proposed as alternative suggestions
in your excellency's note have beer
i given careful consideration, and it is
believed that if they can be com
bined so that they may both BIZ
adopted, they will furnish satisfac
tory basis for the solution Of the
/ Questions at issue.
i 1.-THE; government OF the United
Estates has already expressed its dc
sire that the question of the amour
of indemnity to be paid by the i'm
perial German government under 1t,
admitted liability for the losses q
the owners and captain on accoun
ofSthe destruction OF the Frye shoult
be settled by diplomatic negotiation
audit entirely concurs with the sug
/ gestion OF the imperial German gov
eminent that the simplest way woult
be to, agree. as proposed in your note
that each of the two government
designate an expert and that the tw,
I experts CONFORMITY fix the amount o
indemnity for the vessel and an,
American property which may hav
been sunk with her." to be paid b,
the imperial German government
when ascertained. as stated in tou
note. 1t is assumed that the a.
rangement will include some prov
sion for calling in an umpire in cas-
the experts fail to agree.
The government OF the Unite
States notes that your suggestion
made with the express reservation
that a payment under this arrang,
ment would not constitute an admi!
sion that American treaty rights ha
been violated, but would be regarde
by the imperial German governmer
merely as fulfilling duty or polio
founded on existing treaty stipul,
TONS A payment made on this vi
Outstanding would be entirely accep
able to the government OF the Unite
States, provided that the acceptanc
: of such payment should likewise
understood to be without prelude
. to the contention of the governmel
OF the United States that the sinkir
of the Frye was without legal jus,
fication, and provided also that an q
!, rangement can be agreed upon I.
the immediate submission to arbitr
> ton OF the question Of legal justific
ton, In SO far as 1t involves the 1
I depreciation OF existing treaty slip
lations.
There can be no difference OF OBJ
|. lon between the. two governments
r to the desirability OF having tn
4 question of the true intent and mea
J. ing of their treaty stipulations 4
termined without delay. and to tn
= end the government OF the Unit
D. States proposes that the aftermath
suggestion Of the imperial Germ
It government also be adopted, so tn
ID this question Of treaty interpretati
W can be submitted forthwith to arbit
,f ton pursuant Of article 80 OF T
n Hague convention for the pacific {
n Element Of international disputes.
In this way both the question
Indemnity and the question of tres