Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-24
GERMANY IS
READY NOW
TO C0NC|L|ATE
In New Note on Frye Case Offers
Immunity to American
Ships
OFFERS TO MEDIATE
.". ALL DIFFEREN CES
Not Known What Kind of a Re-
ply United States Will
Make

public here today, notifies the United
States that orders have been issued to
destroy American merchantmen
which have loaded condition contra
band, even when the conditions of in
ternational law are present, but to
permit them to continue their voyage
unhindered if it is not possible to take
them into port"
Germany gave this assurance Gin
order to furnish to the American gov
ernment evidence of it's conciliatory
attitude" while the question of inter-
preting the treaty of 1928 is submit
ted to arbitration. The American
suggestion for the naming of experts
to fix the indemnity for the sinking
the Frye is accepted.
| As for absolute contraband such as
states in it's note that "it must re-
serve to itself the right to destroy
vessels carrying absolute contraband
wherever such destruction is permis-
sible, according to the provisions of
the declaration of London"
The German note is regarded by
officials as evidencing more friendly
spirit on the part of the German for
eign office.
Following months of strained rela-
tiOns between the two countries, it is
received as very favorable develop
ment 1t practically insures Ameri-
can vessels against an attack with
out warning, even in the event they
are carrying absolute contraband and
the passengers and crew are bound
according to the declaration of Lon
don, to be removed before there is any
destruction, which can occur only in
the event of extreme necessity.
] The note, in part, follows: with
regard to the, ascertainment of the
damage by experts the German gov
ernment believes that it should dis
pense with the nomination of an um-
pire. In the cases of the ascertain
| ment of damages hitherto arranged
between the German government and
the neutral government from similar
causes the experts named by the two
parties have always reached an agree.
ment as to the amount of damages
without difficulty. Should it not be
possible, however, to reach an agree
ment on some points, it colud proba-
bly, be settled by diplomatic negotia-
tions.
"Assuming that the American gov
eminent agrees to this, the GermSn
government names as its expert DR..
Kepny of Bremen, director of the
North German Lloyds, and it begs to
await the designation of the Ameri-
can expert.
"The German government declares
that it agrees to the proposal of the
American government to separate the
question of indemnity from the ques-
tion of Interpretation Of the Prussian.
American treaties of 1856, 1899 and
1888. 1t therefore again expressly
states that in making payment it does
not acknowledge the violation of the
violation of the treaty as contended
by the American side, but it will ad-
nit that the settlement of the ques-
ton of indemnity does not prejudice
the arrangement of the differences OF
opinion concerning the Interpretation
of the treaty rights, and that this dis.
pute is left to be decided by The
Hague tribunal of arbitration"
| These assurances together with the
acceptance by Germany Of the two
proposals of the United States-the
one to name a joint commission of ex-
perts to fix the indemnity for the loss
of the Frye, and the other to submit
to the Hague the dispute which the
case produced over the meaning OF
the treaty of 1928, produced favor.
able effect in official quarters.
1t is not known as yet what the at
titude. Of the United States will be
in it's next note, but it is understood
that it may reiterate its insistence
that the treaty of 1928 and not exist.
ing international law make American
vessels immune from destruction, ir.
respective of the cargo.
The fact that Germany refers to its
desires to demonstrate cts concilia.
tory attitude" toward the United
States was regarded by many officials
as evidence that the Berlin foreign
Office was disposed to avail itself to
remove causes that have led to the
strained relations between the two
| rrvernmpntS