883.0513/167
The Minister in Egypt ( Fish ) to the Secretary of State
[Received July 22.]
Sir: I have the honor to refer to the Legation’s telegram No. 35 of June 23, 5 p.m., 1936, and the Department’s telegram No. 19 of June 25, 12 noon, 1936, in reply thereto, and to inform the Department that on Saturday morning, June 27th, I again called on the Acting Judicial Adviser, Mr. Payne, and informally advised him that my Government would view with disfavor any change in the procedure heretofore followed in the matter of the appointment of a successor to Judge Crabitès.
In a conversation I had with Judge Booth, the Judicial Adviser, before his departure from Egypt on leave, the matter of a successor to Judge Crabitès, who at that time had not resigned, was casually discussed. Judge Booth stated that he was only interested in getting a competent successor and trusted that the nominee suggested by our Government would not be a “politician”. He also referred to the fact that Judge Julian M. Wright, American judge of the Mixed Courts of First Instance at Cairo, had strongly recommended the appointment of a Mr. Hill10 (I believe I quote the name correctly) now practicing law in Paris.
. . . . . . . . . . . . . .
I have called the Judicial Adviser’s attention to the fact that the recent appointment in the case of the Belgian judge was only temporary and that, as a matter of fact, the Belgian judge who had resigned to accept a position on the Commission to revise the Civil and Commercial Egyptian Code (See my despatch No. 560 of March 19, 193611), had already been restored to his position as a judge in the Mixed Courts so recently resigned by him; that this fact shows it was purely temporary and that the man selected to fill the vacancy, although appointed for life, resigned the instant his resignation was desired.
I further called the attention of the Acting Judicial Adviser to the fact that recently a Greek judge had been appointed to the Mixed Courts, and the procedure upon which my Government insists had been followed.
The Acting Judicial Adviser assured me that he would do his utmost—and I believe that he will—to see that our contention prevails. I have, however, indicated to him that in the event he fails I have in mind to present the matter informally directly to the Egyptian authorities.
[Page 15]Sir Miles Lampson, the High Commissioner, is returning to Cairo tomorrow morning and it is quite possible that if the treaty negotiations are to be continued for an extended period the Egyptian Government may procrastinate in this matter of the appointment of an American judge. On the other hand, if the treaty negotiations proceed quickly and favorably for the Egyptians we will, in all probability, receive a quick response.
Of course the Department will be promptly advised by telegram from time to time, and the purpose of this despatch is to acquaint the Department more in detail with the situation as I perceive it to exist at this date.
Respectfully yours,