462.11W892/2412

The German Ambassador (Luther) to the Under Secretary of State (Phillips)

My Dear Mr. Phillips: In reply to your courteous letter of January 201 beg to state that I have received an answer to my request from Berlin concerning the subject matter of your communication.

After careful consideration of your suggestion that the cases before the Mixed Claims Commission, United States and Germany, in which [Page 486] tentative settlements were reached in February 1933 might now be disposed of, my Government has instructed me to inform you that it does not feel that it can comply with your suggestion for the reasons which have been stated at various times since February 1933, as for example in the memoranda of March 8th and May 4th,90 in the note of July 6th91 and in several conversations which I had with you since then.

I wish to state, however, upon instructions from my Government, that those settlements could even now be approved as suggested in your letter of January 20th, if the United States Government would give its consent to the abolition of the Mixed Claims Commission, United States and Germany.

I am [etc.]

Luther