462.11L5232/520
The Secretary of State to the German Ambassador (Luther)
My Dear Mr. Ambassador: I desire to bring again to your personal attention the matter of disposing of the cases pending before the Mixed Claims Commission, United States and Germany, namely, those pertaining to the sabotage claims and the Katherine McNider Drier claim.
As to the first-mentioned cases, you will recall that the last installment of evidence was submitted by the American Agent on February 15, 1934, and on February 20, 1934, this Department sent a note to your Embassy inquiring whether it was the intention of your Government to file counter evidence.31 Before and since that time a number of inquiries have been made of the German Agent by the American Agent, and it was not until November 24, 1934, so I am advised, that the German Agent informed the American Agent that he had decided to file some evidence in rebuttal of the material submitted in support of the petition for rehearing.
In view of the fact that all of the evidence submitted by the American Agent has been in the possession of the German Agent since February 15, 1934, and earlier installments of it have been in his hands for a much longer period, also, in view of the fact that further action by and before the Commission is suspended pending action by the German Agent, I am hopeful that your Government may find it possible to facilitate completion of the work. If it is the intention of the German Agent to submit rebuttal evidence and all of it is not [Page 478] now ready for submission, it is suggested that, if so much thereof as has been collected were now submitted, and additional installments submitted as collected, it would greatly expedite the termination of the work.
As to the Drier case, it is my understanding that the positions of the two Agents have been made known to the Commission, and that it has had the matter under consideration for a period of several months but has not as yet arrived at a decision.
In view of the fact that these cases have been pending before the Commission for a long period of time, and of the further fact that there has been so little activity before the Commission during the past year, I am sure you will agree with me that immediate steps should be taken to bring the work to a conclusion.
Sincerely yours,