711.8312 A/13: Telegram

The Secretary of State to the Minister in Egypt (Gunther)

33. Your 41, October 20, 5 p.m. The Department has noted the observation of the Under Secretary of Foreign Affairs that “as decisions [Page 932]of the mixed courts could in no way be involved by the terms of these treaties.’ no obstacle existed as to their conclusion.

Certainly as to these treaties the mixed courts are Egyptian courts and consequently the treaties have the same relation to them and to their decisions as in case of other Egyptian courts.

It is not desired that you make unsought explanations to the Egyptian Government. On the other hand you should avoid leaving an incorrect impression through silence. If you have reason to believe that the Egyptian Government is relying on the decisions of the Mixed Courts being excepted from arbitration and conciliation, you are authorized orally to inform the Foreign Office in the foregoing sense. Please keep Department informed and telegraph for instructions if necessary.

Kellogg