Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-29
FRYE CASE CLAIM
IS NOT SUBJECT
FOR PRIZE COURT
United States Asks Settle
ment by Direct Diplo-
matte Negotiation.
LIABILITY FOR SINKING
ADMITTED BY GERMANY
Contention of Right to Stop Carry
ing of Contraband by Ameri-
can Ships Not Accepted.
NOTE DELIVERED IN BERLIN
NOTE DELIVERED IN BERLIN
Direct In Its Statements Concern
ing Rights of American
Commerce.

WASHINGTON, June 2S.-Ry agree
ment with the German Foreign Office
the State Department made public to-
night the text of the note sent on June
"a by the United States. asking Ger
many to reconsider her refusal TO settle
by direct diplomatic negotiations in
stead OF by prize court proceedings the
claim presented on behalf Of the cap
tain and owners of the American ship
William p. Frye, sunk with her cargo
OF wheat by the commerce raider Prinz
Eitel Friedrich Ambassador Gerard
cablcd that he had delivered the note
last Saturday afternoon. The Amer!-
can government declares that, inasmuch
as Germany has admitted liability for
the sinking Of tho Frye under the
treaty of 1928. prize court proceedings
are unnecessary. and not binding upon
the United States.
Aside from the question of how the
indemnity should he paid. tho note
brings out clearly the refusal OF the
United States to accept the contention
that Germany has right to stop the
carrying OF "ontraband by American
ships by the destruction of the con-
trdband and the ship carrying IL"
While no mention Of submarine war
fare was made in either the last Ger
man note or the present reply, occasion
waB taken TO deny this right. because
OF belief that admission of II now
might in the future be used as justt-
hcatior for submarine attacks on Amer
lean ships.
NOTE on FRYE CASE SENT
TO GERARD IN BERLIN
Here follows tho text of the note,
which is addressed by Secretary Lans-
ing TO Ambassador Gerard in Berlin:
Department OF State.
Washington, June "a, 1915
You are instructed to present the
following note to the German Minister
OF Foreign Affairs:
II have the honor TO inform Your
Excellency that / duly communicated
TO my government your note of 9Th in
stant on the subject of the claim pre-
sented I'm my note OF April 3 last on
behalf OF the owners and captain OF
the American sailing vessel William
p. Frye, in consequence Of her de-
struction by the German auxiliary
cruiser Prinz Eitel Friedrich
I'm reply, ] am instructed Ivy my
government to say that il has care
fully considered the reasons given bv
the imperial German government for
urging that this claim should be
passed upon hy the German prize court.
instead OF being settled by direct diplo-
matte discussions between the TWO gov
ernments. as proposed by the govern
ment Of the United States. and that il
regrets to find that IL cannot concur
in the conclusions reached by the inn
perial German government.
"As pointed out in my last note to
you on this subject, dated April 80.
~ init
has considered that the only question
under discussion was the method which
should be adopted for ascertaining the
amount of indemnity to be paid under
an admitted liability. and il notes
with surprise that, in addition to this
question, the imperial German govern
mont now desires to raise some ques-
tions as to the meaning and effect of
the treaty stipulations under which il
has admitted its liability
FINDS NO JUSTIFICATION
FOR SINKING OF FRYE
IF the government of the United
States correctly understands the posi-
ton OF the imperial German govern
ment as now presented, II is that the
provisions OF article Is of the treaty
of 1879 between the United States and
Prussia, which is continued in force
by the treaty of lSoS justified the COM
mander of the Prinz Eitcl Friedrich in
sinking the william p. Frye. although
making the imperial German govern
ment liable for the damages suffered in
consequence, and that, inasmuch as the
treaty provides no specific method for
aecertaining the amount Of indemnity
to be paid, that question must be SUBJ
mitted to the German prize court for
determination. The government of the
United States, on the other hand does
not find in the treaty stipulations mem
toned any Justification for the sink
ing OF the Frye, and does not consider
THAT the German prize court. has any
jurisdiction over the question of the
Iamount of indemnity to be paid by the
imperial German government on ac-
count of Its admitted liability for the
destruction OF an American vessel on
the high seas.
You state in your note of the 18th
instant that article 13 of the above
mentioned treaty Of 1893 expressly re-
serves to the party at war the right
to stop the carrying Of contraband and
to detain the contraband; it follows.
then, that If 1t cannot be accomplished
in any other way, the stopping Of the
supply may in the extreme case be
effected by the destruction Of the con-
trabahd and of the ship carrying It,
The government Of the United States
cannot concur in this conclusion. On
the contrary, 1t holds that these treaty.
Continued on Second Page.)