871.75 Int.Tel.&Tel.Corp./38
The Secretary of State to the Chargé in Rumania (Wadsworth)
Sir: The Department has received your despatch No. 211, of December 21, 1934, reporting the apparent settlement of the dispute between the Rumanian Telephone Company and the Rumanian Government, which dispute formed the subject of your despatch No. 204, of December 8; 1934.
In view of the developments in this case, reported in your despatch No. 211, it appears that no useful purpose would now be served by instructing you to make representations, with particular reference to the search of Mr. Ogilvie’s residence, against the asserted right of the Rumanian military authorities to proceed to the search of an American citizen’s domicile, without the display of a warrant or order revealing the authority and the identity of the searchers.
However, it is deemed desirable, in view of the fact that certain sections of Rumania, including Bucharest, may continue for some time under martial law, to authorize you, should you consider such action to be necessary or desirable, to express to the appropriate officials of the Rumanian Ministry for Foreign Affairs the hope of your Government that no search of the domicile of an American citizen will be permitted in the future without the display of a proper order from the competent authorities. You may explain that while there may be no legal provision requiring the display of an order or warrant, the [Page 686] search of the residence of an American citizen without revealing the authority therefor would appear to be inconsistent with the spirit of the Rumanian constitutional provision relating to inviolability of domicile. You may also point out that it is the opinion of your Government that evidence of the authority for the search should be revealed so as to protect the resident from unlawful invasion of his rights, and to prevent irresponsible members of the military forces from using their military character as a cloak for the commission of unlawful acts.
The Department should be informed of any action taken by you under this instruction, and also of the reply received to any communication on the point which you may address, either orally or in writing, to the Rumanian authorities.
Very truly yours,