Memorandum by the Legal Adviser (Hackworth)

Concerning the attached letter and memorandum,36 I have talked with Mr. Martin37 regarding the present status of the sabotage cases. He informs me that as a result of conferences held in New York on [Page 482] Monday, Tuesday and Wednesday of this week, most of the rebuttal evidence in the sabotage cases will be filed either tomorrow or the next day, but that a few affidavits will not be submitted before the middle of the coming week. He states that after this evidence has been submitted they will confer with the German Agent and the Commission with a view to fixing a time for oral arguments and the filing of briefs.

In response to my inquiry as to when the American brief will probably be ready for submission, Mr. Martin stated that because of the Umpire’s decision38 it will be necessary to revise the brief but that it will be ready for submission about the middle of September. It may be that the briefs will be filed at the time of or during the oral arguments. The whole question as to when the arguments will be had and the briefs filed will depend upon whether the German Agent undertakes to submit additional evidence after he sees the rebuttal evidence to be filed by the American Agent. It is apparently the purpose of the Umpire to dispose of the case before the convening of the Supreme Court, and this is in the minds of Mr. Martin and his associates.

Green H. Hackworth
  1. Neither printed.
  2. H. H. Martin, Counsel for the American Agent of the Mixed Claims Commission, United States and Germany.
  3. See Mixed Claims Commission, United States and Germany, Opinions and Decisions From January 1, 1933 to October 30, 1939, pp. 1173–1175.