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Show oo LANSING ANSWERS GERMANY'S NOTE Proposal to Pay Damages for Sinking of the William P. Frye Accepted. TREATY STIPULATIONS Germany Asked to State Attitude Atti-tude and Intentions Regarding Regard-ing Naval Operations. Washington, Aug. 17. The American Ameri-can reply to Germany's last note on the sinking of the American sailing ship William P. Frye, made public here today by the state department, accepts the proposal that damages be fixed by a mixed commission and that the disputed treaty provisions be submitted sub-mitted to arbitration at The Hague, but calls on Germany for a statement, meanwhile, as to whether she intends to conduct her future naval operations opera-tions in accordance with her Interpretation Inter-pretation of the Prussian-American treaty, or those of the United States. The note is regarded as putting the noted case well on the way to a settlement. set-tlement. It Is addressed by Secretary Secre-tary Lansing to Ambassador Gerard at Berlin. The Frye note follows: You aro Instructed to present the following note to the German minister' minis-ter' for foreign affairs: Under instructions from my government govern-ment I have the honor to Inform your excellency In reply to your note of July 30 In regard to the claim for reparation for the sinking of the William Will-iam P Frye. that the government of the United States learns with regret that the objections urged by it against the submission of this case to tho prize court for decision have notjiommended themselves to tho Imperial Im-perial German government, and It equally rogrets that the reasons presented pre-sented by the Imperial German government gov-ernment for submitting this case to the prize court have falloa to remove the objections of the government of the United States to tho adoption of that course. As this disagreement has been reached after the full presentation pres-entation of the views of both governments govern-ments in our previous correspondence a further exchange of views on tho questions in dispute would doubtless be unprofitable, and the government of tho United States, therefore, welcome wel-come your excellency's suggestion that some other way should be found for settling this case. Two Methods of Settlement. The two methods of settlement proposed pro-posed as alternative suggestions jn your excellency's note have been given giv-en careful consideration and it is believed be-lieved that If they can be combined so that they may both be adopted, they will furnish "a satisfactory basis for the solution of tho questions at issue. The government of the United States has already expressed Its desire de-sire that the question of the amount of indemnity to be pnid by the imperial im-perial German government, under its admitted liability for tho losses of the owners and captain on account of tho destruction of tho Frye, should be 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, as proposed in your note, "that each of the two governments designate desig-nate an expert and that tho two ox-ports ox-ports Jointly fix the amount of indemnity in-demnity for tho vessel and any American Ameri-can property which may have been sunk with her," to be paid by the imperial im-perial German government, when ascertained, as-certained, as stated in your note. It it assumed that the arrangement will Include some provision for calling in an umpiro In case the-experts fall to Uftl CV7. Violation of Treaty Rights. Tho government of the United States notes that your suggestion Is made with the 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 be regarded by tho Imperial German government merely as fulfilling a duty or policy, founded on existing treaty stipulations. stipula-tions. A payment mado on this understanding un-derstanding would be entirely accepts ablo to the government of tho United Uni-ted States, provided that tho acceptance accept-ance of such payment should likewise be understood to be without prejudice preju-dice to the contention of the government govern-ment of the United States, that the sinking of the Frye wan without legal i justification, and provided also that the arrangement can bo made for tho immediate submission to arbitration of the question of legal justification, Insofar as it Involves the Interpretation Interpreta-tion of existing treaty stipulations. Treaty Stipulations. There can be no difference of opinion opin-ion between the two governments as to the desirability of having this question ques-tion of the true intent and meaning of their treaty stipulations demonstrated demonstra-ted without delay and to that end the government of United States proposos that the alternative suggestion of the imperial German government, also be adopted so that the question of treaty interpretation can be submitted forthwith forth-with to arbitration pursuant to article ar-ticle 38 of the Tho Plague convention for the pacific settlement of International Interna-tional disputes. Prompt Settlement Desired. In this way both the question of Indemnity and the question of treaty interpretation can promptly be settled, set-tled, and will be observed that the only change made in the plan proposed pro-posed by the imperial Gorman gove-ernment gove-ernment is that instead of eliminating eliminat-ing either one of its alternative suggestions, sug-gestions, they are both given effect in order that both of the questions under un-der discussion may do dealt with at the same time. If this proposal proves acceptable to the imperial German gpvernment, it will be necessary, also, to determine deter-mine whether, pending the arbitral award, the Imperial German government govern-ment shall govern its naval operations opera-tions In accordance with its own interpretation, in-terpretation, or in accordance with the interpretation maintained by the United States, as to obligations imposed im-posed by their treaty stipulations, and the government of the United StateB would be glad to have an expression of the views of the Imperial German government on this point-signed) point-signed) LANSING. |