362.115 St 21/384

The Assistant Secretary of State ( Harrison ) to the Unofficial Representative on the Reparation Commission ( Hill )

My Dear Mr. Hill: With further reference to the desire of the Standard Oil Company to have this Government designate counsel to serve with counsel for the Standard Oil Company in presenting the Ex-D. A. P. G. Tanker case to the third arbitrator, the Department encloses for your information a copy of a letter, dated July 3, 1925, from Mr. Guy Wellman, Associate General Counsel, Standard Oil Company,51 indicating the desire of that company to have the Department reconsider its decision not to designate counsel to serve with counsel for the Standard Oil Company in this case. A copy of the Department’s reply, declining to modify its position in this matter, is also enclosed for your information.51

In this relation the Department deems it advisable to indicate to you the extent to which you may render assistance in the presentation of [Page 171] the case of the Standard Oil Company to the Arbitral Tribunal when the third arbitrator is called in. The Department desires that you perform such duties in this case as were performed by Mr. Logan as American Observer. It is understood that these duties were in the main as follows:—Since the case of the Standard Oil Company was nominally presented on behalf of the United States it was understood that the American Observer had authority to place before the arbitrators any briefs or documents prepared by counsel for the Standard Oil Company in support of the contentions of the Company, and that the American Observer was authorized to act as the spokesman of this Government in any communications regarding the case which he was authorized by the Department to submit to the Reparation Commission.

The American Observer also had authority from the Department to confer freely with the American arbitrator concerning the progress of the case and was encouraged to submit full reports to the Department in regard to developments in connection with the arbitration. You are authorized to take similar action.

The Department considers that you should avoid becoming interested in the case to such an extent as may give rise to the assumption that you are in effect acting as counsel for this Government in the presentation of the case. However, in view of your familiarity with the Department’s attitude in this matter and your knowledge of the extent to which the Department has assisted the Standard Oil Company in its efforts to have the case fully presented to the Arbitral Tribunal, you may, in addition to your duties in the case as Acting American Observer, render to counsel for the Standard Oil Company such assistance as may be possible and proper with a view to having the company accorded a full opportunity to present its case to the arbitrators.

I am [etc.]

Leland Harrison
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