Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915

File No. 702.6211/218.

Governor Lister to the Secretary of State.

Olympia, Washington, April 12, 1915.

Sir: Replying to your telegram of April 5, in relation to the arrest by local authorities, of the German Consul and his secretary at Seattle, Washington, I beg to say that on April 6, I wrote the Prosecuting Attorney of King County, in which county the city of Seattle is located, and enclosed to him a copy of your telegram requesting that he make reply to same. Under date of April 8, I received a letter from the Prosecuting Attorney of King County, a copy of which I herewith enclose, feeling that this letter is probably a clearer explanation of the” situation than I would make if I endeavored to cover it in my letter.

I am sure that no further action will be taken by the Prosecuting Attorney until we have again had opportunity to hear from you. I shall be pleased indeed to hear from you further regarding the situation and you can be assured will do what I can to assist in avoiding any embarrassment of an international character.

Ernest Lister.

[Inclosure.]

Prosecuting Attorney Lundin to Governor Lister.

Seattle, Wash., Apr. 8, 1915.

My dear Sir: Your letter of April 6, enclosing copy of a telegram dated April 5, from W. J. Bryan, Secretary of State, received.

The German Consul Müller, his Secretary Schulz, and one Tarnasky, are charged by information in the superior court of this county with the crime of conspiracy, the charge being that they conspired together to corrupt John Murdock, the agent of the Seattle Dry Dock & Construction Co. This is a gross misdemeanor under our law. Tarnasky made a complete confession of the conspiracy. The agent Murdock was to receive $1,000 or $1,500 which the German Consul told him had been telegraphed for. The agent had taken from the Construction Company’s files and had concealed in his home copies of way bills. Some five conferences were had between the agent and the Consul’s representative, the last of which was with the German Consul himself.

The agent of the Construction Company was a clear cut, reliable young man of twenty-one years, and his reputation and standing have been ruined by virtue of this conspiracy to bribe him.

My investigation shows that this is not the only instance in which the German Consul has attempted bribery of this nature.

This office has given much consideration to the provisions of the judiciary act referred to, and we admit that jurisdiction of the State’s courts in this matter is not clear. However, the matter has not been settled, and it was our intention to submit the question of jurisdiction to the court.

It is not my desire to cause any embarrassment to the Government of the United States, nor would I, as Prosecuting Attorney of this county, assume to interfere with diplomatic relations between the United States and another country. If, therefore, the State Department feels, after being fully acquainted with all the facts, that the prosecution of the German Consul and his secretary will embarrass the United States in the diplomatic relations with Germany and accordingly requests me to discontinue the prosecution of this case, I will consider it my duty to be governed by such request. If this is done, however, and the Consul is allowed to continue in his official capacity in Seattle, it would seem to me that this State ought to have some positive assurance that his future conduct would be in accordance with the laws of the State.

This information was filed March 17; The Consul put up a bond for his appearance, and nothing further has been done in the case. Our laws provide the trial must be had in sixty days after the filing of the information, and it is necessary that the preliminary steps be taken at once. Therefore, whatever action is taken in this matter, must be in the very near future.

Alfred H. Lundin.