Mr. Cheney to Mr. Foster.

No. 5.]

Sir: I find at this legation the inclosed communication from the federal department of foreign affairs, in reply to Mr. Washburn’s letter of August 10.

I respectfully forward the copy of same and await instructions.

I am, etc.,

Person C. Cheney.
[Inclosure in No. 5.—Translation.]

Mr. Droz to Mr. Washburn.

Mr. Minister: We have not failed to attentively examine, concurrently with the federal department of justice and police, your recent note of August 10 last, relative to the His-Turner case in order to see whether there was ground for the Federal Council to review its decision of May 3, 1892, of which we had the honor to advise you on the 7th of the same month.

To this end we first informed ourselves as to the present status of the question. Here is the information we have obtained: On April 22, 1892, after the settlement of the various incidental questions relative to the measures of conservation, the preliminary hearing took place before the district court of Zofingen of the case of Albert His, manufacturer [Page 652] at Murgenthal, against Mrs. Carrie His, to modify the decree of divorce allowed January 22, 1890. Counsel for Mrs. His set up an exception to the jurisdiction of the court, but this exception was overruled.

Mrs. His appealed to the supreme court of the canton of Aargau, but the decision of the court of the first instance having been affirmed by it, she had recourse to the federal court, which has not yet rendered its decision.

The case being, therefore, more than ever a subject for the competent courts, and no new argument whatever having been adduced in your note of August 10, it is, more than ever before, impossible for the Federal Council to intervene in the course of the case.

It must, therefore, abide by its decision of May 3, 1892, for reasons which we have had the honor to lay before your excellency in our note of the 7th of the same month.

Regretting not to be able to take such action as requested by your Government, we offer you, Mr. Minister, the new assurance of our high consideration.

Droz.