Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-06
DECLINES SUGGESTION
OF GERMAN GOVERNMENT
United States Not Willing That Prize
Court Should Act on the Frye
Case.
INVOLVES TOO MUCH DELAY
Representations for Indemnity for
Loss OF Ship Reiterated in Note
Presented to Berlin Foreign Of
hco by Ambassador Gerard.

! WASHINGTON, May 5.--By mutual
agreement with the German Foreign
Office, the State Department to-day
made public the text OF it's reply to
Gcrmany's note concerning the claim
OF the United States for an indemnity
TO the owners OF the American ship
William p. Frye, sunk by the Prinz
Etel Friedrich.
! The American communication takes
| note or the fact that Germany accepts
| liability for the act under the treaty
or lS2S between the United States and
Prussia, but declines the suggestion
that German prize court pass on the
legality OF the capture and destruction
under the Declaration of London, the
standing Of the claimants and the
amount OF indemnity.
Pointing out that the United states
carly in the present war announced
that II would not be bound by the
| Declaration OF London, because il had
! not generally been ratified, the note
asserts that the standing OF the claim
ants and the amount of indemnity lend
themselves 10 diplomatic negotiations.
and suggests that tho German embassy
in Washington be authorized TO deal
with the matter.
! The text of the note follows.
| In reply TO Your ENcellcncy's note
| or the 9th instant. which, the govern
ment of the United States understands.
admits the liability OF the imperial
German government for the damages
resulting from the sinking OF the
American sailing vessel William u.
| Frye by the German auxiliary cruiser
| Prinz Eitcl Friedrich OH January %
! last, have the honor to say, by direc-
! ton of my government. that. while tho
promptness with which the imperial
German government has admitted its
/ liza bility is highly appreciated. my gov
eminent feels that it would be inap-
propria,e in the circumstances OF this
case. and would involve unnecessary
delay. TO adopt the suggesting in your
note that The legality of the capture
and destruction. the standing OF the
| claimants. and the amount of in
demnity should be submitted to a prize
| court.
CLAIM IS on ACCOUNT
| OF RESULTING DAMAGES
"Cnquestionably. the destruction OF
this vessel was violation Of the OBJ
legations imposed upon the imperial
German government under existing
treaty stipulations between the United
|
! states government. by virtue of its
! treaty rights, has presented TO the i'm
perial German government n claim for
| indemnity on account OF resulting
damages suffered by American citizens
The liability of the imperial Ger
man 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 OF the
claimants and the amount OF in
demni;y are the only questions remain
ing to be settled. and it is appropriate
that they should be dealt with in the
same way
The government OF the United
states full% understands that. as stated
in Your EXcellency's note, the German
government is liable under the treaty
provisions above mentioned for the
damages arising from the destruction
OF the cargo as well as from the dc
! struction of the vessel. But IL would
he observed that the claim under dis
cussion does not include damages for
The destruction Of the cargo. and the
question of the value OF the cargo
therefore, is not involved in the pres
cnt discussion.
GERMANY WILL WANT TO
KNOW CERTAIN FACTS
The government Of the United
states recognizes that the German gov
eminent will wish 10 be satisfied as to
The American ownership OF the vessel,
and the amount of the damages sus-
n ~ her
ton.
These matters arc readily ascertain
anle, and il the German government
desires any further evidence in sub
sanitation OF the claim on these
points, in addition 10 that furnished BY
the ships papers, which are already in
the possession OF the German govern
mcnt, any additional evidence found
necessary Will be produced. In that
case, however, inasmuch as any evil
dence which the German government
may wish to have produced is more
accessible and can more conveniently
ne examined in the United States than
elsewhere. on account of the presence
there of the owners and captain Of the
William T. Frye and their documentary
records, and other possible witnesses
the government of the United States
ventures TO suggest the advisa bility OF
transferring the negotiations for the
settlement Of the points to the i'm
perial German embassy at Washington
I'm view of the admission OF liability
D" reason OF specific treaty stipula-
; tons, ii has become unnecessary to
enter into discussion CT the mean
ing and effect OF the Declaratio of
2 London, which is given some promi-
nence in Your Excellency's note Of
April ., further than to say, that, as
the German government has already
been advised. the government Of the
United States does not regard the
Declaration of London as in force"