The Secretary of State to the German Ambassador ( Luther )
Excellency: I am informed by the American Agent, Mixed Claims Commission, United States and Germany, that all the evidence in [Page 488] the sabotage cases that he desires to present has been filed with the Commission and that complete copies have been furnished the German Agent. Unless your Government expects to submit counter evidence, the next step in order will be the submission of briefs by the two Governments. I shall therefore be pleased if you will inform me as early as possible (1) whether it is the intention of your Government to file counter evidence, as it is permitted to do under the decision of the Umpire of December 15, 1933, and (2) if it is not the intention of your Government to file such evidence, the approximate date on which your Agent will be prepared to exchange briefs.
I may add, for your information, that the brief on the part of the American Agency can be submitted within a very short time after the receipt of advices that no evidence is to be submitted by your Government, if such is to be the position of your Government.
Since, as has so often been stated, it is the desire of both Governments to close the work of the Commission as early as possible, I am sure that you will appreciate the importance of an early understanding on these points.