824.6363 St2/239: Telegram

The Minister in Bolivia (Caldwell) to the Secretary of State

8. Under instructions from New York, Standard Oil Company case will be presented to the Supreme Court tomorrow afternoon (Monday). At the same time Metzger is instructed to present personally a letter to the Foreign Minister denying legal validity of the various decrees, reserving rights of the company under international law, and stating that the case is presented to court under protest to prevent Bolivian Government from contending that local remedies have not been tried.

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Metzger’s instructions contain the following sentence: “Metzger should first inform American Minister and ask him if he will personally accompany Metzger when letter is delivered.”

I have explained to Metzger that the step suggested can not properly be taken without direct instructions from the Department.