Papers relating to the foreign relations of the United States, 1928, Volume I

763.72113 Au 7/27

The Alien Property Custodian (Sutherland) to the Secretary of State²⁰

Washington, May 23, 1928.

Sir: I have the honor to reply to your letter of May 21,²¹ in which you enclosed a copy of a communication from the Minister of Austria.²²

The Minister desires to know what will become of property seized as belonging to Austrian citizens if no claim is filed within a year or if proof is not submitted as to ownership, as provided in the Settlement of War Claims Act of 1928, and he asks whether or not it would be credited to the Austrian Government under Section 7, of the said Act.

You are advised that it is the view of this office that there is no law authorizing the transfer of said sums. Subsection (g) of Section 25²³ is specific as to what sums should be transferred to this account and it mentions none other than Austrian property or that of a corporation in which all of the stock is owned by the Austrian Government.

Respectfully,

Howard Sutherland

20. On June 15, the Secretary of State transmitted a copy of this communication to the Austrian Minister (file No. 763.72113 Au 7/31).
21. Not printed.
22. Ante, p. 472.
23. See sec. 10, 45 Stat. 269, for revised sec. 25.