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.]
[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,
