411.61 Assignments/106a: Telegram
The Secretary of State to the Chargé in the Soviet Union ( Henderson )
134. Please deliver following message to Plotkin from Munroe:
“Referring to Moscow Fire Insurance trial Komar has moved to dismiss Government’s petition for failure of proof to title in that confiscation of Moscow’s foreign assets in 1918 occurred through decree of R.S.F.S.R. whereas assignment in 1933 was by U.S.S.R. and hence Government’s proof does not connect title of R.S.F.S.R. and title of U.S.S.R. Yesterday referee gave Government until September 24 as final date on which to present its proof on this point.
Government regards following as best form of proof under the circumstances:
- 1.
- A declaration by Commissariat of Justice of R.S.F.S.R. or other appropriate R.S.F.S.R. official to effect that upon formation of the Soviet Union foreign assets of R.S.F.S.R. including foreign assets of nationalized insurance companies became ipso facto assets of U.S.S.R. It is not necessary to state that such assets are also assets of R.S.F.S.R. even if such is the case.
- 2.
- Similar declaration by appropriate official of Soviet Union Government. Can you procure such declarations and forward by cable through American Embassy Moscow at earliest possible moment?
- 3.
- Your own statement to same effect as a matter of Soviet law which could be offered to referee as substance of your testimony if you were called as witness.
- 4.
- To offer as witness at trial Zhukhovitsky or other Soviet legal expert in United States to be suggested by Soviet Embassy who can state as his opinion that Soviet law is in accord with the declarations referred to above.
We ask your fullest cooperation since otherwise referee might dismiss Government’s petition for failure of proof on this point, thus rendering your testimony on other points futile. [Munroe.]”
Department desires you make every effort to obtain documents desired by Department of Justice.
Please wire translations of statements immediately upon receipt.