sioners after joint deliberation and the same method has been observed in a number of cases where awards were rendered. Neither Agent has ever objected to this practice which was, of course, known to both of them. It is certain, that the American Agent will raise the identical objection in the impending motion to reopen the Kingsland Plant-case. 462.11L 5232/175 Memorandum by the Solicitor for the Department of State 49 [WASHINGTON,] January 16, 1931. Doctor Kiep 19 called at the Department this afternoon in connection with the petition which has been filed by the American Agent with the Mixed Claims Commission for a rehearing in the so-called sabotage cases. He stated that the Ambassador had an appointment to see the Secretary tomorrow and he wanted to indicate in advance some of the matters which the Embassy has in mind. He stated that Doctor von Lewinski, the German Agent, is compelled to leave the United States not later than January 21; that he is the only representative of the German Government familiar with these cases and in a position to present the German Government's point of view to the arbitrators. He stated that his Government, therefore, is very desirous of disposing of the petition, as far as possible, before the departure of Doctor von Lewinski. He understands that Colonel Boyden is coming to Washington the middle of the coming week, probably January 21, and thinks that it would be very helpful if arrangements could be made for him to come a little earlier than contemplated, namely, the 19th or 20th of January, in order that such hearing as the Commission may desire to hold may be held before Doctor von Lewinski sails for Europe. Doctor Kiep also stated that there had been suggestions in certain quarters (not emanating from the German Government) to the effect that the decision on the point of procedure raised by the petition filed by the American Agent might be facilitated by a declaration of the two Governments on their interpretation of the claims agreement. The part of the agreement in question is contained in Article 2 and provides that: "The Government of the United States and the Government of Germany shall each appoint one Commissioner. The two Governments shall by agreement select an Umpire to decide upon any cases concerning which the Commissioners may disagree, or upon any points of difference that may arise in the course of their proceedings. Otto Carl Kiep, Counselor of the German Embassy. The American Agent in his petition for a new hearing contends, among other things, that it was improper for the Umpire to participate in the joint discussions of the case by the two Commissioners in the absence of a disagreement between them; also that it was improper for him to join with them in the decision which was rendered. Doctor Kiep stated that it was his personal opinion that an interpretation of the agreement by the two Governments could not well be given without a request from the Commission; that if a declaration by the two Governments should be requested he believed that the German Government would have no objection to cooperating. I told Doctor Kiep that I would inform the Secretary of his call and of the information which he had given me. I attach a memorandum on the same subject which the German Ambassador left with me yesterday.50 It is my feeling that if we could accommodate the German Government by inducing Colonel Boyden to come to Washington the early part of the coming week, it might facilitate an early settlement of the matter which, of course, would be to the mutual interest of the two Governments I do not, however, feel that the two Governments should undertake an interpretation of the Convention since the Commission has authority to do this and any action by the two Governments, whether rightly or wrongly, would open the way to greater criticism by dissatisfied parties than would action by the Commission. I think the Commission should dispose of this case in its own way but that we might use our good offices in bringing about an early hearing. 462.11L5232/187 G[REEN] H. H[ACKWORTH] Memorandum by the Assistant Secretary of State (Castle) [WASHINGTON,] January 17, 1931. The German Ambassador came in to ask me whether it had been possible for the Department to do anything to assure Mr. Roland Boyden's presence in Washington prior to the date of sailing, of January 21st, of Dr. von Lewinski. I read the Ambassador a telegram to Mr. Boyden which Mr. Hackworth had just written for me, saying that the German Embassy had informed us that, since Dr. von Lewinski was leaving and it is very important that he should be able to testify before the Commission on the notice of rehearing of the Black Tom Case, that I hoped it would be possible for him to be in Washington next Monday. The telegram concluded by saying that the German Ambassador agreed with this for the reason, of course, that Mr. Boyden, the umpire, was appointed by the German and American Governments. The Ambassador talked for some few minutes about the case, feeling that it would be exceedingly unfortunate if the whole matter of the claims were reopened by agreement on the part of the Commission to rehear this particular case. I made no comment on this, but did point out that I hoped that on the question of procedure, which is the most important proviso in Mr. Bonynge's argument, that the Commission itself should decide rather than refer the matter to the Government since it would seem very unfortunate to inject a political issue. The telegram was sent as soon as the Ambassador left.51 W[ILLIAM] R. C[ASTLE], JR. 462.11L5232/181 Memorandum by the Secretary of State [WASHINGTON,] January 22, 1931. The German Ambassador came to discuss the argument in the pending sabotage cases. He said he was much relieved that Mr. Boyden was here and he wanted to know whether I thought that the Commission would proceed rapidly in disposing of the motions for rehearing. I told him that under our practice in the Department I had found that it was the time immemorial custom to leave all control of the cases in the hands of the American Agent and that I had therefore followed that practice in this case. I said that Mr. Bonynge had been an energetic and successful agent in handling these claims and we had made far better progress than with any of the present Claims Commissions with other countries, and I felt that therefore he had a right to make any motions for rehearing that he chose and that I, as his client, did not wish to discourage him. The Ambassador said he appreciated this perfectly. He asked about the question of procedure-whether I thought the Commission would handle that? I said the only difficulty that I saw was in the absence in Germany of the German Commissioner; otherwise, I thought that that matter could be handled entirely by the Commission and I had made it clear that I hoped that it would be handled by them. He said his only interest was in having the case disposed of as promptly as possible because he was worried over the repercussions that might be excited by the claimants who were the really dissatisfied people—the railroad companies and the others. He said that these people were likely to appeal to the newspapers. I said I appreciated that trouble, which was inseparable from democracy, but I thought it was less likely to cause "Telegram not printed. Mr. Boyden arrived in Washington from Boston on January 19. trouble here where the two governments had thus far acted throughout these arbitrations with such harmony and that I did not look for trouble. I told him I would do everything I could to expedite the closing up of the cases as I was just as much interested in that as he was. H[ENRY] L. S[TIMSON] 462.11L5232/243 The Agent for the United States (Bonynge) to the Acting Secretary of State WASHINGTON, July 1, 1931. SIR: I have the honor to enclose herewith for your information a copy of the supplemental petition for rehearing 56 that I have filed this day with the Mixed Claims Commission, United States and Germany, in the claims involving the fires and explosions at the Lehigh Valley Terminal, Black Tom, New Jersey, on July 29–30, 1916, and at the Assembling Plant, Kingsland, New Jersey, January 11, 1917. This petition for rehearing is based on certain newly discovered evidence. Sincerely, ROBERT W. BONYNGE 462.11W892/1992 Memorandum by the Under Secretary of State (Castle) of a Telephone Conversation With the German Ambassador (Von Prittwitz), November 17, 1931 [WASHINGTON,] November 18, 1931. The German Ambassador telephoned me to say that he had communicated with his Government in relation to the possible appointment of an umpire 57 for the Mixed Claims Commission and that his Government fully supported the agreement we had reached here, that it would not be necessary at the moment to appoint an umpire. He said his Government felt the American and German Commissioners might be able to reach an agreement without an umpire, but if they could not do so, they could at least so closely define the questions at " Mixed Claims Commission, United States and Germany, The United States on behalf of Lehigh Valley Railroad, and Black Tom Underwriters; and Agency of Canadian Car & Foundry Company, Ltd., and Kingsland Underwriters, against Germany: Docket Nos. 8103, et al.; and 8117, et al., Supplemental Petition for Rehearing, Washington, D. C., June 30, 1931 (New York, 1931). Roland W. Boyden, Umpire, died on October 25, 1931. He was succeeded by Mr. Justice Owen J. Roberts, of the Supreme Court of the United States, appointed March 24, 1932. issue that an umpire would have a narrow question only to decide. He felt, as I do, that if the Commissioners found they could not reach an agreement, it will be easy to decide very promptly on the umpire. W. R. CASTLE, JR. ADMISSION TO THE UNITED STATES OF GERMAN STUDENT 811.111 Colleges 62/32 The German Embassy to the Department of State St. D. E. 4/31 [Translation] The German Embassy has the honor to acknowledge, with profound gratitude, the receipt of the esteemed note-811.111 Colleges 62/30[31]—of January 5 of this year.59 It gathers therefrom that there is no prospect of a decision, before April 1, in the matter of the admission of German work-students during the year 1931. On giving full consideration to this decision, the Embassy believes that it cannot, in consideration of the important interests of cultural policy (kulturpolitischen Interessen) involved in this question, fail to call attention to the viewpoint that delay in the decision is, in its effect upon the continuance of the entire arrangement for an exchange of work-students between the United States and Germany, in the highest degree undesirable. The selection of a qualified personnel for the exchange in question cannot be made until it has been decided whether, when, and to what extent the exchange will, as a matter of fact, be made. It will of course require considerable time, while a hasty decision, which appears unavoidable under the present arrangement, might easily lead to a selection made without the necessary care. And the students themselves, who would be connected with the exchange, might, in the event that they were unable to devote considerable time to their plans of travel, in most cases be placed in a most difficult situation; for the majority of them would hardly have the economic liberty to-day to decide matters having an important bearing upon their personal future, connected with the trip to America, without extended preparation. The financing of the eventual transportation of the work students also requires thorough preparation. For all these reasons the Embassy, which, as has repeatedly been pointed out, sees in this very exchange of work-students one of the most cultural ties between the United States and Germany, would strongly Continued from Foreign Relations, 1930, vol. II, pp. 109-116. |