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Embassy at Berlin, regarding the inquiry made by the German Government as to whether the legalization by Spanish diplomatic or consular representatives of documents pertaining to patent applications in the United States of German subjects is considered sufficient by the Patent Office, the Department has now received a reply from the Commissioner of Patents.

The Commissioner states that section 4892 of the Revised Statutes of the United States requires that an applicant for patent shall make oath that he verily believes himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition or improvement for which he solicits a patent, and that this section also provides that when the applicant resides in a foreign country the oath may be taken before any minister, chargé d'affaires, consul or commercial agent holding commission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States.

He further states that section 10(a) of the Trading with the Enemy Act of October 6, 1917, provides that an enemy or ally of an enemy may file and prosecute an application for a patent or for the registration of a trade-mark, print, or label, and therefore he requested the Attorney General to inform him whether in view of the provisions of the Trading with the Enemy Act he should consider that an applicant for a patent who was an enemy or ally of an enemy as defined in that act, had sufficiently complied with the provisions of section 4892 of the Revised Statutes of the United States when it appeared (1) that the oath which he had taken in an enemy country was administered by a Spanish diplomatic or consular officer or (2) that the authority of the officer who had administered the oath was proved by the certificate of a Spanish diplomatic or consular officer. The Attorney General replied that in neither instance had the applicant for a patent complied with the provisions of section 4892 and held that the Trading with the Enemy Act did not in any way modify the requirements of that section.

The Commissioner of Patents adds that while he has accepted applications for patent filed by German subjects in which the oaths were taken before a Spanish diplomatic or consular officer, or in which the authority of the official before whom the oath was taken was certified to by such an officer, for the purpose of examination, he has required that a new oath in conformity with the statute be filed before a patent can be issued.

You may transmit the substance of the foregoing to the Spanish Foreign Office with the request that it be transmitted to the Spanish Embassy in Berlin in response to its memorandum of December 4, 1914 (1917]. I am [etc.]

* Not printed.

For the Secretary of State:

ALVEY A. ADEE

PROPERTY OF ENEMY AND "ALLY-OF-ENEMY” GOVERNMENTS

AND OFFICIALS

File No. 763.72113/425
The Secretary of State to the Alien Property Custodian (Palmer)

WASHINGTON, December 24, 1917. SIR: I have your letter of December 22, asking whether this Department sees any impropriety in demands being made by the Alien Property Custodian for property in this country belonging to German, Austro-Hungarian, Bulgarian and Turkish consuls.

In reply I hasten to let you know that this Department deems it unwise for the Alien Property Custodian to make demands for property in this country belonging to persons who while in this country were official representatives of a foreign government. I am [etc.]

For the Secretary of State:

WILLIAM PHILLIPS

Assistant Secretary

File No. 763.72113/469

The Secretary of State to the Alien Property Custodian (Palmer)

WASHINGTON, January 19, 1918. Sir: The Department has received your letter of January 9,1 asking our opinion as to the advisability of your office making demands for property in this country belonging to persons who, while not consuls or in the Diplomatic Service, were while in this country the agents or representatives of a government or ally of a government with which the United States is now at war.

The Department has given this subject very careful consideration and is of the opinion that persons whose names appeared in the Diplomatic List issued by the State Department at the time of the severance of relations with the enemy or ally-of-enemy govern

Not printed.

ment should be accorded the same treatment as regularly accredited diplomatic or consular officers. I am [etc.]

For the Secretary of State:

WILLIAM PHILLIPS

Assistant Secretary

File No. 763.72113/466
The Secretary of State to the Alien Property Custodian (Palmer)

WASHINGTON, March 26, 1918. SIR: I acknowledge the receipt of your letter of the 26th ultimo 1 in which you advise me of certain deposit accounts reported to you by the Riggs National Bank of Washington, D. C., held in the name of the Swedish Legation, Department of Austro-Hungarian Interests. You ask me to advise you whether there is any diplomatic reason why you should not demand that this money be paid over to you.

I am strongly of the opinion that, unless you have evidence that an improper use is being made of these funds, no attempt should be made on the part of this Government to acquire them. I believe that in this matter we should be guided by the practice of belligerents during our neutrality when we were in charge of the interests of other belligerents. While we were still neutral, the American Embassy in Berlin had on deposit in the Deutsche Bank and the Reichs Bank in Berlin, checking accounts for the British, Servian, Japanese, and Roumanian Governments. On behalf of Great Britain, the Embassy had on deposit at one time over 1,000,000 marks and also had a deposit account of about 100,000 marks in a special fund called the Sir Edward Goschen Fund. The Embassy was permitted to draw on these funds freely and there was never any question as to their use.

The German Government was fully informed as to the purposes of the funds and was also informed on whose behalf they had been deposited.

Accordingly, I strongly urge, as a matter of policy and in recognition of diplomatic usages, that the funds in the Riggs National Bank of Washington, in the name of the Swedish Legation, Department of Austro-Hungarian Interests, be not disturbed, unless evidence is presented of the improper use of these funds, in which case the Department would be pleased to be informed thereof before any action is taken.

1

Not printed. See note of Oct. 29, 1917, from the Swedish Minister, and the Secretary's reply, No. 295, ante, pp. 265 and 269, respectively.

In this connection, I enclose herewith a memorandum left with me under date of the 19th instant by the Swedish Minister.1 I am [etc.]

ROBERT LANSING

File No. 123G31/110
The Minister in the Netherlands (Garrett) to the Secretary of State

[Telegram]

THE HAGUE, March 26, 1918, 6 p. m.

[Received 9.22 p. m.] 2207. Spanish Embassy, Berlin, states German authorities have ordered Knauer (warehouseman) to deliver to them seven boxes said to contain gold and silverware belonging to former Ambassador Gerard. Knauer has been instructed not to deliver cases without authorization of Spanish Embassy, and protest against this seizure has been sent to German Foreign Office.

GARRETT

File No. 123G31/110
The Secretary of State to the Minister in the Netherlands (Garrett)

[Telegram)

WASHINGTON, April 1, 1918, 3 p. m. 1074. Your telegram 2207, March 26. Request Spanish Embassy, Berlin, to protest against German authorities seizing property in storage of former Ambassador Gerard as violation of diplomatic immunity recognized by nations generally as attaching to such property. Point out that Government of the United States facilitated forwarding of personal effects of Count von Bernstorff after his departure, and inform German Government that personal effects left in United States by former German diplomatic and consular officers accredited to this country, as well as by persons whose names at time of severance of relations appeared on Diplomatic List issued by Department, have not been taken over by American authorities, and that Government of United States expects that German Government will similarly respect property left in Germany by former diplomatic and consular officers of United States. Keep Department fully advised in matter.

LANSING

*Not printed.

File No. 763.72113/504
The Sccretary of State to the Alien Property Custodian (Palmer)

WASHINGTON, April 3, 1918. Sir: The Department has received your letter of March 30,- reporting certain transactions between Mr. John Simon of New York and Dr. H. Albert, resulting in Mr. Simon's indebtedness to Doctor Albert in the sum of reichsmarks 2,760,750.76.

The Department's letter of January 19 on the subject of seizure by the Alien Property Custodian of property belonging to persons on the Diplomatic List had reference only to property actually belonging to those persons, and if the Alien Property Custodian is satisfied that the sum of money which Mr. Simon owes Doctor Albert is in fact the property of the German Government, this Department perceives of no reason why the Alien Property Custodian is not authorized to demand it. I am [etc.]

For the Secretary of State:

WILLIAM PHILLIPS

Assistant Secretary

File No. 123G31/112
The Minister in the Netherlands (Garrett) to the Secretary of State

[Telegram]
The Hague, April 18, 1918,6 p. m.

[Received April 19, 2.29 a. m.] 2239. Your 1074, April 1, 1918. Spanish Embassy reports Ger. man authorities state that threat to seize Mr. Gerard's property due to misunderstanding, and that German Government is disposed to respect property of American diplomatic and consular officers in Germany on basis of reciprocity.

GARRETT

File No. 701.6211/452
The Alien Property Custodian (Palmer) to the Secretary of State

WASHINGTON, May 28, 1918.

[Received June 1.] Sir: It has been reported to me as Alien Property Custodian that the German Government owns in the District of Columbia, 51,000 square feet of land of the approximate value of $150,000 situated

* Not printed. * Former German Commercial Attaché at New York.

59665-33-22

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