The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-08-07
BERLIN STILL uNY|ELD|NG.
LATEST NOTE REITERATES RE-
FUSAL TO CONCEDE TREATY
VIOLATION IN FRYE
CASE.
Let Experts Fix Damages-Wil Pay
Same, But not as Satisfaction for
Violation of Rights.

Washington, Aug. 4.-Germany is
unyielding in her refusal to concede
that the sinking Of the American ship
William P. Frye by the auxiliary
cruiser Prinz Eitel Friedrich in the
South Atlantic last January was a vio-
lation of American rights under the
Prussian- american treaty or interna-
tional law.
In reply to the last American repre-
sentations, the German foreign office.
in note made public here tonight,
reiterates a previous justification of
Germany's course, reiterates her will
lingness to pay for the ship and ac-
cepts proposal first advanced by the
United States-that the amount Of
damages be fixed by two experts. one
to be selected by each country. Such a
sum the German government pledges
itself to pay promptly, with the stipu-
latton, however, that the payment
shall not be viewed as a satisfaction
for violation Of American rights.
Should that method be unsatisfactory,
Germany invites the United States to
arbitration at the Hague.
The unofficial view here is that rep
aration by a commission Of experts
probably will be satisfactory to the
United States, with the express provis-
ion, however, that it is not a waiver of
treaty rights for which the United
States contends, but applies to the
matter Of damages.
1t is virtually certain that IL the
United States allows the dispute to go
to The Hague for Interpretation Of the
treaty provision, or continues the aca-
demic discussion of principles through
the channels of diplomacy, it will in
sist that, meanwhile, Germany refrain
from violation of what the United
States contends are it's rights. The en-
tire dispute revolves about the treaty
of 1928, which the United.States con-
tends specifically protected the VIII
tlistn F; Fryer although II didsnot prs
tect contraband cargo. Germany
takes an opposite view, holding that
the article only obligates her to pay
damages.
Furthermore, Germany replies that,
as the Frye's wheat cargo was contra
band, the ship was liable to confisca-
ton, and that as an attempt to take
the prize into b. German port would
have imperilled her captor, the de-
struction of the Frye was according to
general principles of international
law"
! THE right Of sinking" says the
German note lis not mentioned In the
treaty and is. therefore, neither ex.
pressly permitted nor expressly prohi-
bited, so that on this point the party
stipulations must be supplemented by
the general rules Of international
law"
The note argues at length for the
German Interpretation of the disputed
treaty provision. "On the one hand
says the note, "the belligerent party is
to have the right to prevent the trans
portation Of war supplies to his adver-
saries, even when carried on vessels
of a neutral party. On the other
hand. the commerce and navigation of
neutral party is to be interfered
with as little as possible by the meas
ures necessary for such prevention
and reasonable compensation Is to be
paid for any inconvenience or damage
which may, nevertheless, ensue from
the proceeding of the belligerent
| party
The case of the American steamer
Leelanaw recently sunk by a German
submarine, is paralleled to the Frye
case. 1t is now in the preliminary
/