The German Embassy to the Department of State35

Memorandum With Reference to the Note of the Department of State of February 4, 1935

On April 16, 1935 the German Agent submitted to the Mixed Claims Commission the second and last instalment of his evidence in rebuttal to that tendered by the American Agent in the sabotage cases. He advised the Commission that he thereby completed the filing of evidence reserving, however, “the right to submit additional evidence if the Commission should decide to reopen the cases”.

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In making this reservation the German Agent followed the example of the American Agent, who advised the Commission as follows when he completed the submission of his material on February 15, 1934:

“He (the American Agent) reserves the right to file further and additional evidence in these cases upon the reopening under the decision of the Commission of December 25, 1935”.

Upon the filing of the last instalment of evidence by the German Agent on April 16, 1935, a stage was reached in which it became incumbent upon the American Agent to determine whether he desired on his part to submit reply evidence or to rest the case. No such determination was made. Instead the American Agent on May 2, 1935 filed with the Commission a Motion which amounts to an objection to the above quoted reservation of the German Agent and to its underlying conception, requesting the Commission to rule that it would not take submission of the cases until all evidence was submitted by the two Governments. In a written “Statement” accompanying the Motion, the American Agent declared that he “fails to understand the purpose of this reservation conditioned upon the Commission reopening these cases”.

As has been repeatedly expressed, it is the sincere desire of the American and the German Government to have the proceedings in the sabotage cases terminated as soon as possible. It certainly does not serve this purpose, if the American Agent delays his determination as to the filing of reply evidence and instead initiates a formal procedure on a Motion directed against a view which he adopted himself not long ago. It would help to expedite the disposal of the cases, if the American Agent would advise the Commission at the earliest convenience concerning his intention as to the presentation of reply evidence.

  1. Left with the Secretary of State by the German Ambassador.