New York Times.
A
Hull and Morgenthau are Cited
as Defendants by Zimmerman
and Forshay Assets Realization
INJUNCTION    IS ASKED
Wpv, 1, 1939
I Both? Secretary Hull and Secretary)
Morgenthau have bean called, upon]
by. the court.to answer^the bill of
complaint against them.'
-sThe eummons was issued this,
afternoon and served by the United
States marshal on the solicitors of
the Stats and Treasury Depart-;
ments as representatives of the two:
Cabinet officers.
No Injunction or temporary re-|
straining order was Issued, and1
Secretary Hull and Secretary Mor-
genthau have sixty days within
which to file thai* replies, which
will ha made on their behalf by the
• Attorney General through the Fed-
eral District Attorney for the Dls- <
trict of Columbia and In the light
of .which subsequent action by the
court will be determined. ¦
Plaintiff Demands Balance of
German Special Deposit Fund
to Defray Own Claims
Special lo Tax New York Trains';
WASHINGTON, Oct. 31 —Pay-
ment of the Black Tom and Kings-
land sabotage claims awards an-
nounced yesterday by Justice Rob-
erts, umpire of the Mixed Claims
Commission, is opposed in a suit
filed here today by the Zimmerman
& Porshay Assets Realization Cor-
poration of New York.
Secretary Hull and Secretary Mor-
genthau are cited as defendants by
the corporation which seeks to en-
Join the former from certifying and
the latter from paying the sabotage
claimants, and to obtain instead a
decree directing the use of the bal-
ance of the German Special Deposit
Account remaining in the United
States Treasury to defray as com-
pletely as possible Its own unsettled
claims and those of other holders
of commission awards.
On account of five awards aggre-
gating $1,175,918 the plaintiff re-
ports receipt of $864,048, leaving an
unpaid balance of 8311,870, which,
with Interest, now amounts to an
unpaid total of $599,378.
Holders of Other Awards
Holders of other awards totaling
more than $150,000,000, it is
claimed, also have unpaid balances
In excess of $85,000,000 on the prin-
cipal amount of their claims and
approximately $28,000,000 In ac-
crued Interest, all of which are rep-
resented as prior claims on the
$24,000,000 remaining In the Ger-
man Deposit Account, most of
which will be consumed and monies
properly payable diverted by pay-
ment of the sabotage claims to
their injury and that of the plain-'
tiff.
In support of Its petition, the cor-
poration argues that the sabotage
claims weer dismissed by the com-
mission on Oct. 16' in p decision
which was "final and binding,"
that reopening of the cases was il-
legal, and further proceedings, In-
cluding yesterday's awards, are
"null and void/* - -
Holds Jurisdiction Ended
It la claimed by the corporation,
as by the Gorman Government in
its protest to Secretary Hull]
through whom efforts were made
to the last to quash the proceedings
terminating In yesterday's awards,
that even If the commission had
I jurisdiction to reopen fraud and
collusion cases previously decided
"by3^in:fav_or. of Germany, Its juris-
diction was termlnatedAW at least
Suspended .by the retirement last
Spring of the German commis-
sioner, a contention, which has beten
dewed: alike by^«eommlssion and
by Secretary Hulhv