870.811/59

The Swiss Chargé ( Jenny ) to the Secretary of State

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.]

Dr. C. Jenny
[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.

  1. Not printed.