341.1154L58/202: Telegram
The Acting Secretary of State to the Ambassador in Great Britain (Bingham)
186. Referring to Department’s instruction No. 454 of March 27, 1933, regarding Lewis gun case, please take advantage of first favorable opportunity to discuss the matter with the Secretary, and, if he agrees endeavor to persuade the Foreign Office to accept the proposal of United States without further delay. Foreign Office undoubtedly appreciates that in a case of this kind involving a large claim of one Government on behalf of its nationals against another it is not usually considered appropriate for one Government to make itself arbitrary judge of the matter and to refuse to discuss the case on its merits. Foreign Office appreciates, of course, that this Government has merely proposed that the merits of the case be fully developed in an informal manner in the form of legal pleadings in order that each Government may fully understand the position of the other and in order that, on the basis of such development, some definite and final solution of the question may be arrived at. Such a solution obviously can not be reached in this case through ordinary diplomatic correspondence except upon the basis of a systematic and logical development of the facts and applicable law. This Government’s proposal represents a most reasonable and a most logical course of action in a case of this kind and no reason is perceived why the British Government should refuse to accept it. The Department is hopeful, therefore, that, with the Secretary’s concurrence, acceptance of this Government’s proposal can be brought about promptly.