The Secretary of State to Mr. Ernest Angell of Messrs. Hardin & Hess

Sir: I beg to acknowledge the receipt of your letter of October 19, 1923, in which, referring to the case of the Oliver American [Page 577] Trading Company, Inc., v. the Government of the United States of Mexico and National Railways of Mexico still pending in the United States District Court for the Southern District of New York, you make mention of Judge Knox’ recent decision for dismissal of the action and vacating of the attachment. You state that plaintiff has served notice that it will appeal the decision by writ of error to the Supreme Court of the United States, and that at the time of the entry of an order on Judge Knox’ decision plaintiff will ask for a stay pending final determination by the Supreme Court. You ask that, through the customary channels, the United States Attorney at New York be requested to appear before Judge Knox, in conjunction with yourselves as attorneys of record for the defendants, upon the plaintiff’s application for a stay and for the maintenance of the existing levies of attachment on defendants’ property.

By way of response, I have to inform you that, as Judge Knox is doubtless fully advised of the pertinent facts and is cognizant of the relevant law, I deem it unnecessary for the Department to comply with your request.

I am [etc.]

Charles E. Hughes