255.11 Diamond, Legs/18
The Secretary of State to the Chargé in Germany (Gordon)
Sir: The Department has received the Embassy’s despatch No. 458 of September 2, 1930, in relation to the action taken by German authorities with respect to the presence in Germany of one Jack Diamond.
It is noted that the Embassy’s request to the German authorities which brought about Diamond’s arrest was in the form of a suggestion that in view of his record he might be deported as an undesirable alien.
With respect to the Embassy’s action the Department is glad to note that it did not take the form of requesting Diamond’s arrest with a view to his extradition as the Department had understood to be the case from telegram No. 93 of September 2, 11 a.m. However, the Department prefers that even requests of the nature made by the Embassy in this case should not be presented except under its instructions, and in this relation it informs you that it is not usual for the Department to suggest to a foreign government the deportation of an individual within its jurisdiction, and that in those cases where such a suggestion has been made it has taken the form of pointing out the facts and circumstances attendant upon the case with the added statement that the foreign government concerned might think it advisable to deport the person in question if such action should prove practicable under its laws.
With regard to the instant case the Department is of the opinion that the utmost action which should have been taken by your Embassy [Page 133] was to call to the attention of the German authorities for their information such advices as had come to the Embassy respecting the past activities of Diamond.
So far as concerns the reported statement of the police authorities of Cologne that numerous persons had been surrendered to the United States by Germany in the past few years, it may be stated that the Department is not aware of any such case of surrender.
Very truly yours,