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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Germany,   pp. 319-405 PDF (32.6 MB)


Page 351


462.11D831/263
       The German Embassy to the Department of State
  In an exchange of notes of May 7, 1934 40 both Governments agreed
to leave to the Commission the decision in the petition for a rehearing
filed in the Drier case. Thereupon the Commission through the Umpire
rejected said petition as well as two further motions for a reopening
of the case.
  The Foreign Office transmitted to the American Embassy in Berlin
with a Note Verbale of May 16, 1936 41 various items of documentary
evidence from which it appears that in the proceedings before the Com-
mission the claimant had availed herself of objectionable methods.
The German Government therefore regrets that it is not in a position
to agree to a further award to be rendered by the Commission in favor
of Mrs. Drier.
  As regards Mrs. Drier's precarious financial situation which has
been emphasized by the American Embassy 42 it seems appropriate
to point out the hardships resulting to German claimants out of the
Harrison Act 43 against which the German Embassy had at the time
protested in vain. The German Government is of the opinion that the
situation in the case of the Deutsche Bank and Disconto Gesellschaft
is particularly unfortunate. As will be remembered said funds were
first withheld from being returned under the War Claims Settlement
Act " through an injunction by the firm of Sprunt. In order to bring
about the withdrawal of said injunction which the Disconto-Gesell-
schaft considered as entirely unjustified, the German Government
assumed considerable sacrifices in the agreement in the Sprunt cases
before the Commission. These sacrifices were of no avail because
shortly thereafter the return of the funds of the Deutsche Bank &
Disconto-Gesellschaft was barred by the Harrison Act.
462.11W892/2778
    The Secretary of State to the German Ambassador (Luther)
                                        WAsmINGToN, May 1, 1937.
  My DEAR MR. AMBASSADOR: No doubt you are aware of the intense
interest that is being manifested in this country in regard to the claims
' Left at the Department April 12, by the Counselor of the German Embassy.
"Foreign Relations, 1934, vol. II, pp. 492-493.
  4 Not printed; see telegram No. 153, May 19, 1936, 6 p. m., ibid., 1936,
vol. II,
p. 266.
4 In telegram No. 16, March 12, 3 p. m., the Secretary of State had instructed
the Ambassador in Germany to advise the Foreign Office that favorable instruc-
tions on this case would be very much appreciated in view of the claimant's
precarious condition both physically and financially (462.11D831/249).
4Joint Resolution approved June 27, 1934; 48 Stat. 1267.
"Approved March 10, 1928; 45 Stat. 254.
351
GERMANY


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