711.632/73: Telegram
The Minister in Austria (Stockton) to the Secretary of State
[Received 4:27 p.m.]
38. Your 34, August 26, 11 a.m. I informed the Foreign Office yesterday that the Department was prepared to urge the Senate, when it convenes in December, to withdraw reservation. Schüller stated, adding Schober was even more decided, that even if Senate should withdraw reservation, the Austrian Government would have to decline to exchange ratifications for 6-year term at this late date. Austrian Government strongly opposed to having any commercial treaty denounceable after February 11th, 1935, date of expiration of British treaty, and feels Parliament would regard as an abuse of power for the government to exchange ratifications which would put in force a treaty continuing until 1937 which it was anticipated would expire in 1935. The Austrian Government therefore declines not only to give guarantee proposed by me but even to undertake to obtain acceptance by Parliament of Senate reservation without changing term of the statutes [treaty] as suggested in your 27, July 7, 5 p.m. Schüller contends that for all practical purposes treaty by gentlemen’s agreement has been in effect since signing, emphasizing clear understanding during negotiations that the treaty would be denounceable in 1935 and that Austrian Government agreed to 6 years from exchange of ratifications, relying upon our Government to ratify without amendment in early part of 1929.
In view of position of Austrian Government that it cannot exchange ratifications with or without Senate reservation without also shortening term of the treaty, there is apparently no alternative but to accept Austrian ratification with shortened term to avoid having to refer treaty twice to the Senate.