Mr. Wetter to Mr. Strobel .
Tamatave , April 6, 1894 .
Sir: I have the honor to call your attention to the inclosures herein marked l1 and 2.
Inclosure No. 1 has so far not elicited a reply from Mr. Geldart. My stand in this case is on the assumption that if a consular court has probate [Page 390] jurisdiction it must also have probate powers, and that wherever possible the forms of procedure most general in the United States should govern same, and that the same restrictions and safeguards should hedge about an estate here as would be operative in America.
The absolute lack of any records for this estate, except the bare bond of Geldart for an extremely long time, gives grave cause for the conclusion that it needs a careful auditing.
Inclosure No. 2 left here on Saturday last for Tananarivoo via British consular mail. It has consequently not had time to reach Mr. Waller. This letter was the result of a most careful reconsideration of the matter. It is, in my opinion, the only way of legally getting the Crockett money out of Waller’s hands, as it gives this consulate the absolute jurisdiction over him in his administrative, etc., quality, and yet does not touch upon any of his consular acts, the power to adjudicate which I am not as yet able, because I am not adequately versed in the law touching thereon, to form a positive opinion upon. It seems to me so far that if the Department desires to proceed against him in any way in his consular capacity he would have to be sent back to the United States for trial, etc.
I have, etc.,
- Inclosure 1 relates to another matter, and is omitted.↩