Memorandum by the Under Secretary of State (Phillips)
I sent for the German Ambassador today and on the occasion of his visit handed him two notes92—one in response to his note of February 4th concerning the settlement of cases pending before the Mixed Claims Commission, and the second dealing with the filing of evidence and briefs in the sabotage cases. In doing so I told him that the Department found it somewhat difficult to reconcile his Government’s present attitude with its often repeated desire to close out the work of the Commission. I pointed out to him that, if the German Government persisted in its attitude, the Department might find itself in the position where it had to ask the Commission to pass judgment on these cases on their merits. Furthermore, I indicated that, unless awards are entered in these cases without waiting for final disposition of the sabotage cases, it may become necessary to go to Congress for an appropriation on behalf of the Commission in order that it may complete its work. This would cause an embarrassing situation, which the German Government might find it difficult to explain to the claimants.
The Ambassador made no new comment other than to say that he would transmit our notes to his Government.