Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-08-05
GERMANY ASSERTS
FRYE SINKING LEGAL
Imperial Government Unyielding in
Refusal to Admit Act Vio-
lated Treaty.
OFFERS TO MAKE A PAYMENT

WASHINGTON, Aug. 4.--iermany
is unyielding in its refusal to concede
that the sinking Of the American sail
ing ship. William p. Frye by the aux
Hilary cruiser Prinz Eitel Friedrich in
the South Atlantic last January was
violation of American rights under
the Prussian- American treaty or in
ternational law.
In reply to the last representations Of
the United States, the German foreign
office. in a note made public here tonight
by the state department. reiterates a
previous Justification OF Germany 5
course. declares again its willingness to
pay for the ship and accepts a proposal
first advanced by the United States-that
the amount of damages be fixed by two
experts, one 70 be selected by each coun-
try.
Pledged Payment.
Such a sum the German government
pledges itself - pay promptly with the
stipulation, however. that the payment
shall not he viewed as q satisfaction for
violation OF American rights. Should that
method be unsatisfactory. Germany In
vites the United states TO arbitration at
Tho Hague.
The unofficial report here is that rep
aration by a commission Of experts prob
ably will be satisfactory TO the United
States with the express provision. how
ever. that II is not a waiver OF treaty
rights for which the American govern
ment contends, but applies only TO the
mater Of damages.
II Is practically certain that II the
United States allows the dispute to so 20
| The Hague for Interpretation of the
treaty provision of continues the academic
discussion Of principles through the chan
mel Of diplomacy It will insist that, mean
while. Germany refrain from violation OF
what the United States contends arc its
rights.
| The entire dispute revolves about ar
/ ticle 13 OF the Observation-Disclosures treaty
OF l799, which was revived and included in
the treaty OF 1923. That article. the United
states contends. specifically protected the
William p. Frye from being sunk. al.
though it did not protect contra band
cargo.
Takes Opposite View.
Germany takes precisely an opposite
view, oontending that the article only
obligated II to pay damages. Further
more. Germany replies that as the Frye''
cargo OF wheat destined TO England wai
contraband. the ship was liable TO confis
cation. and that as an atempt TO take IN,
prize into German port would hav.
iInperiled its captor the destruction o
the Frye was according 20 general prin
ciples OF International law" m 4,
The right OF sinking says the Ger
man note, Is not mentioned In tn,
treaty and Is therefore neither expressl.
permitted nor expressly prohibited. 8,
that on this point theparty stipulation
must be supplemented by the genera
rules OF international law. II ls not dis
puted by theAmerlcan government tha
according TO the general principles OF in
ternational laws a belligerent IL author
ized In sinking neutral vessels under al
most any conditions for carrying contra
band"
The note argues at length for the Ger
man Interpretation OF the disputed treat,
provision, contending that its intent 4
to establish a reasonable compromise be
tween the military interests OF the bel
ligerents contracting party and tho com
mercial interests of the neutral party.
Right of BeIIiEerent.
"On the one hand" says the note, 9Th
belligerent party Is TO have the right I
prevent tho transportation OF war sup
plies to his adversarles, even when car
rled on vessels OF the neutral party; o
the other hand the commerce and navi
cation OF the neutral party Is TO be In
terfered with as little as possible by tn
measures necessary for such preventio
and reasonable compensation is to
paid for any Inconvenience or damag
which may. nevertheless. ensue from tn
proceedings OF the beIligerent party.
That, In short. is Germanys argument
based on Its Interpretation OF the treaty
and TO that the view OF the Unite
States is squareiy opposed.
Payment for the Frye in the manne
suggested would not affect the questio
OF rights under the treaty.
A German prize court on July 10 hel
, the imperial government for damages
but fixed no amount since the Unite
States declined to become a party 10 III
proceedings, demanding settlement b
diplomacy under the treaty.
The case OF the American steamer Lee
lanaw. recently sunk by a German sui
marine, is parallel 10 the Frye case.
now is In the preliminary stages OF dir
lomatic negotiation.