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  4. Document 600

500.C1197/727: Telegram

The Consul at Geneva ( Gilbert ) to the Secretary of State

Geneva , May 20, 1934—2 p.m.
[Received May 20—12:05 p.m.]

87. From Fuller.7 Department’s instruction to Bern dated March 23, 1933,8 in regard to impracticability of prosecuting Americans in the United States for unauthorized procurement and supply of narcotic drugs outside of the United States.

1.
The fact that impracticability of enforcement arising from constitutional requirements in respect of witnesses is the only reason so far advanced by the American Government for inability to consider legislation to penalize such procurement has created an undesirable impression.
2.
Please reply by telegraph as soon as possible brief resume of some of the reasons involving constitutional difficulties which were considered when the American reply of March 23, 1933, was drafted and authorize me to present that resume in order to show that legislation of the character proposed would, in addition to being impracticable to enforce, be in contravention of the Constitution.
3.
May I cite in this connection the provisions of the Sixth Amendment prescribing trial in the State and district where a crime is committed.
4.
Subject will probably come up again for discussion on Thursday or Friday.
Gilbert
  1. Stuart J. Fuller, Assistant Chief of the Division of Far Eastern Affairs and representative in expert and advisory capacity to the League of Nations Advisory Committee on Traffic in Opium and Other Dangerous Drugs at Geneva.↩
  2. Not printed.↩