812.51/1721

The Acting Governor of New York (Lehman) to the Secretary of State

Sir: With reference to your letter of April 27, 1931, with the above file number, I am enclosing a photostatic copy of a communication from the Attorney General of the State of New York, relative to the contents of your letter, which is self-explanatory.

I also have the honor of returning to you the enclosures forwarded by you to this office.

I have [etc.]

Herbert L. Lehman
[Enclosure]

The First Assistant Attorney General of the State of New York (Epstein) to the Counsel to the Governor of the State of New York (Rosenman)

My Dear Mr. Rosenman: In response to your communication of April 29th to the Attorney General, with the enclosures from the Secretary of State at Washington, which are being returned to you herewith, it would appear that as to property within the jurisdiction of the court the said court may adjudicate as to the parties before it, all however without being binding upon the Government of Mexico, but with results as to the fund or property within the jurisdiction which the Mexican Government may never be able to overcome unless it becomes a party of its own volition.

The fact that the Mexican Government is a foreign sovereign would not prevent this court from adjudicating as to those parties within its jurisdiction the rights with regard to property within its jurisdiction. If the Mexican Government intervenes it may assert its own rights, if any. The Mexican Government of course is not in the case unless it consents to be brought in and it would seem that the court and the attorneys recognize this by virtue of the order which provides: “Plaintiff be and he hereby is directed to obtain the appearance of [Page 732]said government in this action.” It would therefore not seem to be necessary for any proceedings to be taken to dismiss as to the Mexican Government since said Government cannot be compelled to be brought in without its own consent.

Very truly yours,

Henry Epstein