862.4016/1774: Telegram
The Secretary of State to the Consul at Berlin (Geist)
1. Referring to despatches Nos. 588, 591 and 594 from Leipzig,48 you should take up the question of the issuance of commercial identity cards after September 30 to American citizens of the Jewish race representing business firms domiciled in Germany to obtain from the appropriate authorities assurance that such cards will be renewed. Failure to renew would be contrary to rights accorded in Article 1 of our treaty with Germany signed December 8, 1923.
2. Refer also to Leipzig’s despatch no. 584 of June 2849 concerning income and house rent taxes and submit as promptly as possible by mail a copy and translation of the Finance Minister’s decree dated April 19, 1938 published in Reich Steuer Blatt 1938, Part 1, page 409.
Concerning alleged discrimination in granting tax reduction on account of minor children (see case of Borenfreund), ascertain and report for the Department’s consideration any other instances of discriminatory treatment as stipulated in clause 3, Article 1, Part 4 of the Act of February 1, 1938 amending the German income tax law. However, in your discretion you may without further instruction discuss Borenfreund’s case orally and informally with the competent authorities with the view to affording assistance.
3. If the provisions of the decree of April 19, 1938 mentioned above under (2.) prohibit equitable tax reductions with respect to Jewish real estate and establish discrimination against American Jews in Germany, this matter should be taken up appropriately through the Embassy as being contrary to rights accorded in Article I of our treaty of 1923 and assurances requested that the discriminatory practices will cease. Eugene J. Schwabach of New York, a naturalized American citizen born in Hungary, has furnished a copy of his letter to you of July 26 regarding alleged discrimination in the reduction of his house rent tax. This case should be included in representations made since a copy of the Land Registry office’s letter to him of July 21 states his application was rejected since no tax reduction is provided [Page 389] for houses owned by Jews. Please keep the Department informed of developments.