The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-06
U. s. NOTE OPPOSES
TRIALIN FRYE CASE
Germany Urged to Negotiate
Question of Damages at
Washington.
DELAY IN PRIZE COURT

WARRINGTON. May 5.-The lrpol
States sent note to the German Gov.
eminent to-day protesting aga.ns, TIM
settlement In prize court ~ thu
amount Of damages to be paid for
the destruction Of the American shin
William p. Frye. The note which
points out the delay involved in prize
court proceedings, suggests Instead
that the damages he fixed by dlrec,
negotiation between tho State De.
partment and the German Embassy
here. 1t Is signed by Secretary
Bryan and Is as follows
I'm reply to your Excelency's no,s
Of the 5th inst, which the Governmen,
OF the United States understands aa.
mits the liability Of the Imperial Ger.
man Government for the damage. r..
sulting from the sinking Of tho Amer.
loan sailing vessel William p. Fry,
by the German auxiliary cruiser Prln,
Eitel Friedrich on Jan. 2s last, I have
tho honor to say. by direction Of nv
Government, that while the prompt.
ness with which the Imperial German
Government has admitted It's liability
Is highly appreciated my Governmsn,
feels that It would b inappropriate,
in the circumstances Of this case, and
would involve unnecessary delay, to
adopt the suggestion in your note tina,
the legality Of the capture and Do.
struction. the standing Of the claim.
ants and the amount OF indemnity
should be submitted to a prize court.
violation Of u. 2. Rights.
"Unquestionabiy tho destruction o.
this vessel was a violation OF the oh.
legations imposed upon the Imperial
German Government under existing
treaty stipulations between the United
States and Prussia, and the United
States Government, by virtue Of IA
treaty rights, has presented 70 the
Imperial German Government claim
for indemnity on account OF the 70.
sulting damage suffered by American
citizens. The liability of the Imperia,
German Government and the standing
of the claimants as American citizens
and the amount OF indemnity are all
questions which lend themselves 10
diplomatic negotiations between the
two Governments. and happily the
question Of liability has already been
settled in that way. The status o.
the claimants and the amount Of ths
indemnity are the only questions 70.
naming to be settled and II is ap.
propriate that they should be dealt
with in the same way.
The Government OF the Tinted
States fully understands that. az
stated IN your Excellencys note. ,he
German Government Is liable under
the treaty provisions above mon'iore8
for the damages arising from the d..
struction of the cargo as wei a from
the destruction Of the vesse B.
II will be observed that the clam.
under discussion does not includ-
damages FOR the destruction Of TIE
cargo. and the question Of tho value
~ the cargo, therefore. IS not IN.
volved In the present discussion
The Government of the Ur'e'
States recognizes that the Germat
Government, will wish 10 10 sausAe.
az TO the American ownership ~ 10
vessel and the amount Of the dam.
ages sustained IN consequence OF he
destruction.
Urges Negotiations Here,
These matters are readily as.c-.
tainable. and II the German Govern
ment desires any further c'.iea'-