711.822/163
The Acting Secretary of State to the Governor of New York (Lehman)
Sir: I have the honor to refer to a letter from your counsel of November 4, 1933, in response to a letter from the Secretary of State dated August 22, 1933, concerning a communication from the German Embassy in Washington appertaining to the possible conflict between the provisions of Section 84 of the Alcoholic Beverage Control Law of the State of New York and Article 1 of the Treaty of Friendship, Commerce and Consular Rights between the United States and Germany, signed December 8, 1923. I am also pleased to receive copies of the opinion of the Attorney General of New York, regarding this matter.
Permit me to express my appreciation for your co-operation in securing the opinion of the Attorney General of New York regarding the validity of the New York law referred to above in the light of the treaty obligations of this country. I am gratified to note that in view of the opinion of the Attorney General it is most likely that the provisions of Section 84 of the Alcoholic Beverage Control Law will be altered during the January 1934 session of the Legislature of the State of New York.
While it is appreciated that these provisions of law remain in effect until declared invalid by a court of competent jurisdiction or until they are amended or repealed by the Legislature, I trust that you will endeavor to secure appropriate action by the Legislature so that the treaty rights of aliens in this country may be safeguarded without requirement that individual aliens resort to expensive and protracted litigation to secure their treaty rights.
An early disposition of the conflict between the laws of New York under reference and the treaty rights of aliens will doubtless contribute toward the removal of obstacles to the efforts of this Government to protect American citizens in their treaty rights abroad.
I have [etc.]