870.811/59
The Swiss Chargé (
Jenny
) to the
Secretary of State
Washington
,
October 1,
1920
.
Department of
German Interests
XXXIV Pr.
Sir: With reference to my note of September 2,
1920,9 acknowledging
the receipt of your Excellency’s note of August 31, 1920 regarding a
protest of the German Government against the nomination by the United
States of Mr. Walker Hines as Arbitrator, in accordance with Article 339
of the Treaty of Peace with Germany, and informing your Excellency of
the transmission to my Government of the note in question, I now have
the honor to enclose herewith the transcript of a cable from the Swiss
Political Department with reference to the protest in question.
Accept [etc.]
[Enclosure]
The Swiss Political
Department to the Swiss Legation at
Washington
According to a note from the German Legation in Berne, the protest of
the German Government against the nomination of Mr. Walker Hines as
Arbitrator was refused by the Conference of Ambassadors whereupon
the German Government, under date of September 8th, replied to the
Conference of Ambassadors as follows:
The note of the Conference of Ambassadors has by no means
convinced the German Government that the protest raised by
the latter against the nomination of Mr. Walker Hines as
Arbitrator according to Article 339 paragraph 2 is without
foundation. The [Page 273]
German Government has not altered its standpoint that the
Government of the United States cannot be called upon to
participate as arbitrator in the execution of the treaty as
long as the latter has not ratified the treaty and
consequently still is in a state of war with Germany.
As the German Government however attaches importance to
seeing the uncertain condition of affaires [sic] created by the Treaty brought to
an end and as it has no objections to raise against the
expert knowledge and personal impartiality of Mr. Hines, it
will not pursue further its objection to the applicability
of the Treaty clause mentioned above.