462.11 L 5232/434

The German Ambassador (Luther) to the Secretary of State

Mr. Secretary: Pursuant to yesterday’s conference between a member of my staff and officials of your Department I have the honor to communicate to Your Excellency the following:

The German Government (as stated in the Embassy’s note of July 6, 1933, and in my conversation on August 24, 1933, with the Acting Secretary of State, Mr. Wilbur J. Carr) considers petitions for rehearing in conflict with existing treaty provisions, as contained in paragraph 3, Art. VI of the agreement of August 10, 1922, between the United States and Germany. The German Government regards the commission as being without authority to pass upon a difference of opinion which may exist between the two governments in this connection.

Incidentally I understand this same opinion is held by the German Commissioner, Dr. Kiesselbach.

In February of this year Dr. Meyer, First Secretary of the Embassy, was named Acting German Commissioner for the sole purpose of expediting such formalities as would be found necessary for the conclusion of the commission’s work. He has no authority to act with respect to the petitions offered by the American Agent in April and May of this year, but he is still authorized to participate in the formal conclusion of the compromises tentatively agreed upon in February, provided that the work of the Commission would be definitely closed.

Accept [etc.]