File No. 763.72111/6716
The Attorney General ( Gregory ) to the Secretary of State 2
Sir: The Department is in receipt of your letter of October 19, 1917,3 transmitting a memorandum from the Swiss Minister relative to the cases of former German Consul General Bopp and former German Vice Consul von Schack.
In reply to the request for details regarding the present state of the judicial processes in which Consul General Bopp and Vice Consul von Schack are involved, I desire to say as follows:
Bopp and Von Schack were indicted for violation of the Sherman Anti-Trust Law and for violation of Section 13 of the Federal Penal Code, relative to military enterprises and expeditions within [Page 585] the United States. They were tried by a jury in the District Court of the United States for the Northern District of California, were found guilty, and were duly sentenced to terms of imprisonment and fines. They took an appeal in the cases and were admitted to bail pending appeal. While the appeal was pending, a state of war was declared with Germany, and under the President’s proclamation of April 6, 1917, relative to alien enemies, Bopp and Von Schack were arrested and interned.
During such internment another and separate indictment was found against Bopp and Von Schack by the grand jury for violation of Section 13 of the Federal criminal laws, relative to military enterprises or expeditions, connected with the Maverick, the Annie Larsen, and the so-called Hindu plots. This indictment related to an entirely different crime from that for which Bopp and Von Schack had been already tried and convicted. They will be put upon trial on the latest indictment sometime during November, 1917.
I desire to say that in no event will this Department assent to the release of these men on bail pending the trial on the indictment, inasmuch as they are now interned alien enemies.
Respectfully,
Assistant Attorney General