883.05/438
The Minister in Egypt (Jardine) to the Secretary of State
[Received March 24.]
Sir: I have the honor to refer to my despatch No. 368 of December 23, 1931,5 in the matter of the obtainment of the appointment of an additional American judge to the Mixed Courts of Egypt and to [Page 624] transmit herewith a copy of a communication of February 20, 1932, which I have received from the British High Commissioner to Egypt, as well as a copy of my reply thereto of February 23, 1932.10
When I mentioned to the Assistant Judicial Adviser that the support of the Residency to the American contention for an additional judge had been promised under certain conditions I was informed that no difficulty was to be envisaged so far as the Egyptian authorities were concerned.
The Assistant Judicial Adviser added that suggestions made to the Minister of Justice by the Judicial Adviser in the matter of the appointment of foreign judges to the Mixed Courts were equivalent to nomination, as the Ministry of Justice invariably consulted the Judicial Adviser in connection with the filling of vacancies on the Mixed Courts. It was stated that the desire of the Egyptian Government to defer to the recommendations of the Judicial Adviser in the matter of the choice of a nominee was sometimes even embarrassing and it was oftentimes only with difficulty that the Ministry of Justice could be persuaded to exercise its discretion in the making of an appointment from the list of candidates submitted to the Egyptian Government.
The control exercised by the British Government through the Judicial Adviser over appointments to the Mixed Courts and the fact, as stated in the enclosed communication from the High Commissioner that the seat finally accorded a fifth French judge in 1931 had been originally offered to Sweden, may explain a remark made recently to me by my French colleague that the Scandinavian judges were little more than satellites to the Anglo-Egyptian influence on the Courts.
Respectfully yours,