l/n/YPf.
tfC COUNSELOR
5
4K*J*    DEPARTMENT OF STATE
WASHINGTON
16
28
V
October 26, 1939
26tTCT
My dear Lord Lothian:
With further reference to your letter of October 14
I write to inform you that in pursuanoe of our arrange-
ment the matter of the claims of British insurance
oompanies before the Mixed Claims Commission, United
States and Germany, was the subject of a conference in
my office on Friday, October 20, between members of
your staff and officials of this Department.
The Agreement of August 10, 1932 between the United
States and Germany provides for the consideration of
claims by two national Commissioners in the first in-
stance.   As you know, the Commissioner appointed by Germany
resigned in March of this year and the German Government
has not appointed a successor.   Under the present circum-
stances there would appear to be no possibility of ob-
taining a ruling by the Commission in relation to the
claims
His Excellency
The Right Honorable
The Marquess of Lothian, C.H.,
British Ambassador.        $$\jy
1
-2-
olaims of British insurers.   Consequently it does not
appear that any useful purpose would be served by a re-
examination of the matter at this time.
I may point out, moreover, that en more than one
occasion subsequent to the Department's note of April 11,
jthujvX y^!929 to Sir Esme Howard the Department, in pursuance of
/J^. petitions of attorneys for the interested companies, re-
examined the question of presenting these claims to the
Commission and declined to depart from its original
position.
With reference to your suggestion that in the event
of a final decision adverse to Germany in the claims pre-
sented in behalf of American claimants arising out of the
"Black Tom*1 explosions, the payment of awards to such Ameri-
can claimants be deferred pending a reconsideration of the
British insurance company claims, I may observe that the
"Settlement of War Claims Act of 1928*, approved March 10,
1928, would seem to require the Secretary of the Treasury
to pay such awards within the limitations, and in the
order of priority, prescribed by the Act.
Very sincerely yours,
462.11 In 78