The Department of State to the German Embassy


On May 24, 1935, the German Ambassador left with the Department of State a Memorandum regarding the submission to the Mixed Claims Commission by the American and German Agents of evidence in the so-called sabotage claims. The Embassy has pointed out that, at the time the German Agent submitted to the Commission on April 16, 1935, the last installment of evidence, he advised the Commission that he had thereby completed the filing of evidence on the part of the German Government, but he reserved the right to submit additional evidence “if the Commission should decide to reopen the cases”. It [Page 481] is stated in the Memorandum that this reservation followed the example of the American Agent, who, at the time he filed his last installment of evidence, on February 15, 1934, made a similar reservation.

The Memorandum, after referring to the Motion filed with the Commission by the American Agent on May 2, 1935, that an Order be entered by the Commission to the effect that it does not desire to take submission of the claims until all evidence that either Government desires to have considered has been filed “in order that the Commission may, when it takes submission, enter an Order finally disposing of these claims on their merits and that the Order further advise the Agents of the two Governments accordingly”, states that it would help to expedite the disposal of the cases, which is the desire of both Governments, if the American Agent should advise the Commission at the earliest convenient time with respect to his intention as to the presentation of reply evidence.

It is the understanding of the Department of State that the two national Commissioners now have under advisement the action to be taken upon the basis of the Motion filed by the American Agent. Since the matter would seem to be one clearly within the jurisdiction of the Commission, and since further action with respect to the filing of evidence is awaiting a decision by the Commission on the Motion before it, the Department of State does not feel that it can instruct the American Agent in the sense of the suggestion made in the Memorandum of the German Embassy. It is the view of the Department of State that the questions as to the time and the order of submitting to the Commission further evidence by the two Agents should be left to the determination of the Commission, which will presumably issue the necessary instructions to the two Agents as soon as it has reached a decision on the Motion now pending before it.

The Department of State reaffirms its desire to have the cases disposed of as soon as possible and its readiness to cooperate with the German Embassy to this end in every appropriate way.