881.203/6

The Secretary of State to the Diplomatic Agent and Consul General at Tangier ( White )

No. 8

Sir: The Department has received your despatch no. 17 of August 30, 1940 concerning your representations to the French Protectorate authorities on behalf of Rahamin Azoulay, an American protected person, in a case involving his improper subjection to the jurisdiction of the military courts in French Morocco.

It appears that, as a result of your representations, the French Protectorate authorities have suggested that the decision of the Court Martial be left in suspense indefinitely, without execution, and that the fine should not be collected.

The Department approves the action taken by you in this case and, relying upon your recommendations, is disposed to accept the suggestion offered by the French Protectorate authorities for its settlement. The Department would prefer that the sentence imposed by the court martial on Mr. Azoulay be quashed but it is not disposed to insist on this action so long as the French Protectorate authorities refrain from any attempt to assert the validity of the judgment or any effort to enforce it. In view of the dissolution of the military court which imposed the sentence under reference, the Department assumes that the case may be regarded, for all practical purposes, as closed.

Very truly yours,

For the Secretary of State:
R. Walton Moore