437.11H23/52: Telegram

The Secretary of State to the Ambassador in Cuba ( Judah )

36. Your despatch 626, April 4, 1929, regarding Harrah claim. This matter has now been the subject of discussion between the two Governments over a period of approximately four years. There appears to be hopeless disagreement on the essential facts of the case as well as on the principles of law involved. It is not perceived that any useful purposes will be served by awaiting a completion of the study of the case by the several lawyers referred to in your despatch since if they should by chance hold that the matter is not arbitral their decision would in no way alter the views of this Government that the questions are justiciable in character and should be submitted to arbitration unless the Cuban Government is prepared to make settlement without such procedure.

You are instructed to take up the matter with the Foreign Office and President Machado in the sense of the foregoing and to state that this Government is under the necessity of insisting that the claim be submitted to arbitration without further delay.

Stimson