818.154/229

The Secretary of State to the Chargé in Costa Rica (Drew)

No. 182

Sir: The Department refers to your despatch No. 724 of May 27, 1935, enclosing copies of a note from the Ministry of Foreign Relations dated May 21, 1935, in reply to this Government’s note No. 99 of August 6, 1934, concerning the claim of the Simmons Construction Corporation. With the Foreign Office note was transmitted a brief prepared by the public attorney who represented the Government in the private arbitration of the claim.

[Here follows a statement which forms the substance of note No. 109, September 27, 1935, to the Costa Rican Acting Secretary of State for Foreign Affairs, beginning with the second paragraph, page 471.] You will therefore please prepare a note to the Foreign Office in the sense of the foregoing, making only such changes in the text thereof as are necessary.

With reference to previous intimations from the Foreign Office that it might be willing to pay some amount to the Simmons Construction Company in settlement of its claim without reference to its legal liability in the matter, you will please bear in mind in any informal conversations which may arise, that the Department is willing to consider any reasonable offer of settlement which the Costa Rican Government may make although your formal representations are to be confined to the statement indicated above.

Very truly yours,

For the Secretary of State:
R. Walton Moore