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Show KEPIS GERMAN IFFER IMFRYE CASE ,AMAGES FOR SHIP'S LOSS TO s FIXED BY COMMISSION, AS PROPOSED. ,erican Reply to Germany's Last Note Regarded as Putting the Not;d Case Well On the Way to Settlement. Washington. The American reply , Germany'" last note on the sinking .', American sailing ship William j Frye, made public here Tuesday by estate department, accepts the pro-that pro-that damages be fixed by a ed commission and that the dls-vi dls-vi treaty provisions he submitted .arbitration at The Hague, but calls , Germany for a statement, meau-ile. meau-ile. as to whether she intends to . juet her future naval operations accordance with her interpretation he Prussian-American treaty or oie of the United States. The note is regarded as putting the case, welt on the way to a set--aient. It is addressed by Secretary nsing to Ambassador Gerard at . -rlin. Tie note follows: You are instructed to present the lowing note to the German minister r foreign affairs: lader instructions from my gov-nmem gov-nmem I have the honor to inform our excellency in reply to your note : July 30, in regard to the claim jr reparation for the sinking of the ;:i::ara P. Frye, that the government : :he United States learns with re-,-et that the objections urged by it ;j;at the submission of this case to :e prize court for decision nave not amended themselves to the imperial rrni.sn government, and it equally re-::;ts re-::;ts that the reasons presented by :r imperial German government for Emitting this case to the pri.e ;rt have failed to remove the ob-vlons ob-vlons c-i the government of the 'sited States to the adoption of that j:.;e. As this disagreement has been :3.hed after the full presentation tie views of both governments in previous correspondence, a fur-;r fur-;r exchange of views on the quests ques-ts in dispute would doubtless be -rentable, and the government of e I'nited States therefore welcomes :- excellency's suggestion that -e other way should be found for ".'.xg this case. Tie two methods of settlement ' : --! as alternative . suggestions var excellency's note have been -n careful consideration, and it is -iieved that if they can be com-:-i so that they may both be :vted. they will furnish a satisfao 7 basis for the solution of the .-itions at issue. The government of the United has already expressed its de-that de-that the question of the amount indemnity to be paid by the im--ttal German government under its fitted liability for tha losses of ? owners and captain on account the destruction of the Frye should - settled by diplomatic negotiation, -l it entirely concurs with the sug--Hion of the imperial German gov- ;aent that the simplest way would to agree, as proposed in your note, -it each of the two governments ;:?nate an expert and that the two wrts conjointly fix the amount of rnnity for the vessel and any -?rican property which may have n sunk with her," to be paid by - imperial German government jn ascertained as stated in our It is assumed that the ar-sement ar-sement will include some provi-J provi-J for calling in an umpire in case experts fail to agree. :e government of the United notes that your suggestion is with the express reservation a payment under thi3 arrange-'! arrange-'! would not constitute an admis-5 admis-5 that American treaty rights had violated, but would be regarded 'he imperial German government e7 as fulfilling a duty or policy -led on existing treaty stipula-- A payment made on this unhanding un-handing would 1be entirely accept-' accept-' the government of the United 's, providod that the acceptance ch payment should likewise be '''stood to be without prejudice )oe contention of the government te United States that the sinking tie Frye was without legal justi-'n, justi-'n, and provided also that an ar-S'ment ar-S'ment can be agreed upon for ' ""mediate submission to arbitra-3 arbitra-3 or the question of legal justifica-. justifica-. !& so far as it involves the inflation in-flation of existing treaty stipu-;ins. stipu-;ins. ; 're can he no difference of opin-. opin-. .L,!t'''een the two governments as desirability of having this ''on of the true intent and mean-, mean-, ;. or their treaty stipulations de-'a de-'a without delay, and to that ., government of the United proposes that the alternative t Mion of the imperial German ;ment aluo be adopted, so that t question of treaty interpretation r ; oe submitted forth wih to arbitra-, arbitra-, l,,,ursuant of aricle 38 of The i nlconvention for the pacific set-i set-i 3 1 ,u0t international disputes. 'ain-l8 Way botn the Question of & ' 'ty and the question of treaty nteipre a ions can promptly be set-tied set-tied and it will he observed that the only change made In the plan proposed pro-posed by the imperial German government gov-ernment is that instead of eliminal-ii eliminal-ii g either one of Its alternative sug-Kest.ons, sug-Kest.ons, they are both given effect 'J onler that both of th a" the ds;,mleStlmVmay deaK It this proposal proves acceptable to the imperial German government, vho i nocfssary also to determine hether. pending the arbitral award, t u Imperml German government s all govern its naval operations in n o, dance with its own interpreta- Pre at ion maintained by the United UnrVV0 ol)1.iKatio'ls imposed bv treaty stipulations, and the o u d be glad to have an expression v V,eWS f the imPcn:U German government on this point (Signed LANSING. |