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Show I The American Reply to Germany in ihejrye Case Aeeeptt Proposal That Damages For Sinking Vessel B,s Fixed by a Commission, Com-mission, Disputed Treaty Provl-Jh Provl-Jh slons to Go to Hague Tribunal Washington, Aug. 17. Tho American Ameri-can reply to Germany's last note on the sinking of tho American sailing ship William P. Frye, mailo public hero today by tho stato department, accepts tho proposal that damages bo fixed by a mixed commission and that tho disputed treaty provisions bo submitted to arbitration at The Haguo but calls on Germany for a statement state-ment meanwhile ns to whether she Intends to conduct Iter futuro naval operations In accordance with her Interpretation In-terpretation of tho Prussian American Ameri-can treaty or those of tho United States. Tho nolo is regarded as putting the noted case well on tho way to a settlement. set-tlement. It Is addressed by Secretary I Lansing to Ambassador Gerard at llcrlln. Tho noto follows: "You aro Instructed to present the following noto to tho German minister minis-ter for foreign affairs: "Under Instructions from ray government gov-ernment I have the honor to Inform your excellency in reply to your noto of July 30 In regard to tho claim for i reparation for tho sinking of tho I William P. Fryo that the government of tho United States learns with ro-' ro-' gret that tho objections urged by It i ngalnst tho submission of this caso to tbo prlzo court for decision havo j not commended themselves to the ; Imperial German government and It equally regrets that tho reasons 'pro- fl sented by tho Imperial German gov- S eminent for submitting this case to the prlzo court have failed to remove tho objections of tho government of tho United States to tho ndoptlon of that course. As this disagreement has f, been reached after tho full presonta- ijj tlon of tho views of both govern- .t ments In our previous correspond- enco, a further oxchango of views on E tho questions In dispute would doubt- fc2s less bo unprofitable and tho govern-ZLfZj govern-ZLfZj ment of tho United States theroforo 9f. welcomes your excellency's suggestion M that some other way should bo found 9 for Bottling this caso. ' "Tho two methods of settlement J; proposed as alternative suggestions In your excellency's noto havo been v glvon careful consideration and it is believed that if they can bo combined combin-ed so that thoy may both bo adopted thoy will furnish n satisfactory basis for tho solution of tho questions at lssuo. "Tho government of tho United States has already expressed its desire de-sire that tho question of tho amount of Indemnity to bo paid by the imperial im-perial government under Its admitted liability for the losses of tho owners and captain on account of the destruction de-struction of tho Fryo should bo settled set-tled by diplomatic negotiation and It entirely concurs with tho suggestion of tho Imperial German government that tho simplest way would bo to agree, ns proposed In your note, that each of tho two governments designate desig-nate an expert nnd that the two experts ex-perts Jointly fix tho amount of Indemnity In-demnity for tho vessel and any American Am-erican property which may havo been sunk with her, to bo paid by tbo Imperial Im-perial German government when ascertained as-certained as stated In your note. It is assumed that tho nrrangement will Include somo provision for calling In an uraplro In caso tho experts fall to agree. German Reservation "Tho government of tho United States notes, that your suggestion Is mado with tho express reservation that a payment under this arrangement arrange-ment would not constitute an admission admis-sion that American treaty rights had been violated but would bo regarded i by tho Imperial German government merely as fulfilling a duty or policy founded on existing treaty stipulations. stipula-tions. A payment mado on this un-' demanding would be entirely accept-1 able to tho government of tho United States, provided that tho acceptance of such payment should likewise be understood to bo without prejudice to tho contention of the government of tho United States that tho sinking of tho Frye was without legal Justification, Justifica-tion, and provided also that an nr-rnngement nr-rnngement can bo agreed upon for tho immediate submission to arbitration arbitra-tion of tho question of legal Justification Justifica-tion In so far as It Involves tho Interpretation Inter-pretation of existing treaty stipulations, stipula-tions, "Thero can be no dlflerenco of opinion between tho two governments as to tho desirability of having this question of the truo intent and meaning mean-ing of their treaty stipulations determined deter-mined without delay and to that end tho government of tho United States proposes that tho alternative suggestion sugges-tion of tho Imperial Gorman government govern-ment also be adopted so that this question of treaty Interpretation can bo submitted forthwith to arbitration pursuant to article 38 of the Hague convention for the pacific settlement of International disputes. "In this way both tho question of Indemnity and the question of treaty Interpretation can promptly be settled set-tled and It will bo observed that the only change mado in tho plan proposed propos-ed by tho Imperial German government govern-ment is that Instead of eliminating cither one of its nlternatrvo suggestions, sugges-tions, they are both given effect In order that both of tho questions un- dor discussion may bo dealt with at tho samo time. German Naval Rules "If this proposal proves acceptable to tho Imporlal Gorman government, It will bo necessary also to detenu-lno detenu-lno whether, pending tho nrbltrnt award, tho Imperial German government govern-ment shall govern its naval operations In accordance with Its own Interpretation, Interpreta-tion, or In accordance with tho Interpretation Inter-pretation maintained by tho United States, as to obligations Imposed by their treaty stipulations and the government gov-ernment of the United States would bo glad to havo an expression of tho vlows of tho Imperial German government govern-ment on this point. Signed LANSING." |