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a bulletin of verification stating that the United States can not act as intermediary for the forwarding of such mails.

That for the purpose of executing this order postmasters at post offices of the United States and its possessions are hereby instructed to send to the Division of Dead Letters, Post Office Department, Washington, D. C., for return to the senders or other appropriate disposal, all mail matter prohibited dispatch as above indicated.

This order is hereby made to include all mail matter destined for Germany now remaining in the United States and its possessions, and that which may be mailed or received hereafter.

Postmasters will cause due notice of the foregoing to be taken at their offices and until otherwise instructed refuse to accept for mailing any mail matter destined for delivery in Germany.

In view of the fact that under existing conditions mail for Austria, Hungary, Luxembourg, Bulgaria and Turkey requires transit through Germany, to which country mail service from the United States is now suspended, mail for those countries will be treated, until otherwise ordered, in the manner herein prescribed for mail destined for Germany; but mail from those countries received in the United States will be dispatched to destination.

A. S. BURLESON

File No. 763.72112/3475
The Consul General at Rio de Janeiro (Gottschalk) to the Secretary

of State

[Telegram]
RIO DE JANEIRO, April 10, 1917, 6 p. m.

[Received 11.05 p. m.] Lloyd Brazileiro inquires whether its northbound shipping will be hindered delivering cargo from German shippers in Brazil or to German consignees in our country.

GOTTSCHALK

File No. 763.72112/3475
The Secretary of State to the Consul General at Rio de Janeiro

(Gottschalk)

[Telegram] WASHINGTON, April 12, 1917, 5 p. m.

. т Your April 10, 6 p. m. You may inform Lloyd Brazileiro De. partment knows of no legal obstacle to the transaction to which they refer. Point out, however, that this statement of Department is, of course, made in contemplation of existing conditions only.

LANSING

File No. 763.72112/3457
The Secretary of State to Messrs. Berliner, Strauss & Meyer,

New York City

WASHINGTON, April 13, 1917. GENTLEMEN: The Department has received your letter of April 2, 1917, wherein you seek information as to whether, in the state of war existing between this country and Germany, you may trade with persons of German origin in Mexico, Central America and South America.

The Department cannot undertake to enter into a discussion at this time of the matters referred to in your letter, but may refer you to the following cases: Janson v. Driefontein Consolidated Mines, Ltd., L.R. (1902) A.C. 484, 505; Kershaw v. Kelsey (1868), 100 Mass. 561; Montgomery v. United States, 15 Wall. 395; Briggs v. United States, 113 U.S. 346; Williams v. Paine, 169 U.S. 55.

It may be further observed that the Department cannot, of course, advise you as to any laws that may be enacted in the future by this Government or the Government of Germany affecting the nationals of the respective countries with reference to their commercial activities. I am [etc.]

For the Secretary of State:

FRANK L. POLK

Counselor

File No. 763.72112/3464

The Secretary of State to the Cummer Lumber Co., Jacksonville, Fla.

WASHINGTON, April 17, 1917. . GENTLEMEN: The Department has received your letter of April 4, 1917, wherein you state that you have contracts for the delivery of phosphate rock with Messrs. H. J. Merck & Co., of Hamburg, Germany; that these contracts were all made prior to the beginning of the European war; that the delivery has been suspended from time to time under a war clause in the contract; that you have made no new contracts since March 3, 1914, except on February 13, 1916, when you agreed to an extension of 69,743 tons (which had been automatically canceled) until the end of the war; and that you would like to be advised as to what you should do with reference to these contracts.

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You doubtless appreciate that it would not be possible for you to carry on transactions of the character referred to in your letter during the existence of war between this country and Germany.

The matter of future commercial relations between your company and

your German customers is one in regard to which the Department is not in a position to advise you.

As of possible interest to you, the Department may call your attention to the following cases: Montgomery v. The United States, 15 Wall. 395; Scholefield v. Eichelberger, 7 Pet. 586; Kershaw v. Kelsey, 100 Mass. 561. I am [etc.]

For the Secretary of State:

FRANK L. POLK

Counselor

File No. 763.72112/3491
The Secretary of State to Mr. Emil Schwarz of Messrs. Benjamin

Schwarz & Sons, New York City

WASHINGTON, April 19, 1917. Sir: The Department has received your letter of April 11, 1917, wherein you state that you are a citizen of the United States; that for many years past you have conducted business in New York City in copartnership with several non-resident subjects of AustriaHungary; that the active management of the business is solely in your hands and its operation is wholly in the United States; that your partners have contributed a certain amount of money to the copartnership capital, but take no active part in the management of the business, but receive a percentage of the profits for their contribution to the copartnership capital; that the firm's business is the purchase and sale of merchandise; and that you desire, if possible, to continue business in the future in the same manner, as without the use of the capital contributed by your partners and the use of their credit, you will be seriously hampered in the operation of the business. Accordingly, you ask whether your rights or the rights of the firm, either in outstanding accounts or in the future operations of the business of the continental United States, are affected by the severance of diplomatic relations between the United States and Austria-Hungary, or will be affected in the event of war between the two countries.

It does not appear to the Department that the severance of diplomatic relations between the two Governments can, from a legal standpoint, affect the affairs of your firm to which you refer. The

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Department may call your attention to the rule generally enunciated by American courts that the effect of war is to dissolve a partner. ship between nationals of hostile nations. With respect to this matter the Department may refer you to the following cases: The William Bagaley, 5 Wall. 377; Matthews v. McStea, 91 U.S. 7; Griswold v. Waddington, 16 Johns. 438. I am [etc.]

For the Secretary of State:

FRANK L. POLK

Counselor

File No. 763.72112/3515

The Consul at Guadalajara (Silliman) to the Secretary of State

[Telegram]

GUADALAJARA, April 21, 1917, 4 p.m.

[Received April 22, 3 a. m.] German buyer from here en route to the United States was turned back at the border recently. German dealers here are becoming concerned as to whether they can place orders in United States.

SILLIMAN

File No. 763.72112/3489

The Secretary of State to Mr. Jay Zeamer, New York City

WASHINGTON, April 25, 1917. Sir: The Department has received your letter of the 11th instant 1 in which you state that as an American commercial traveler you are about to make a business trip abroad and that you desire to receive whatever suggestions the Department might consider advisable in connection with business relations with German houses in foreign countries, many of which have been of years' standing.

In reply I have to say that the Government has under consideration a proposed Congressional enactment intended to define the disabilities of persons in the United States with regard to commercial intercourse with enemy nationals. At present the Department can only refer you to the discussion of the effect of war upon commercial relations of enemy nationals contained in Moore's International Law Digest, volume 7, page 237, et seq. The Department may call your particular attention to the following cases: Montgomery v. The United States, 15 Wall. 395; Scholefield v. Eichelberger, 7 Pet. 586; Kershaw v. Kelsey, 100 Mass. 561.

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The Department knows of no legal obstacle, so far as the laws of this country are concerned, to commercial transactions between American citizens and German subjects domiciled in neutral countries. However, you will, of course, understand that this statement on the part of the Department is made in contemplation of present conditions only. I am [etc.]

For the Secretary of State:

ALVEY A. ADEE Second Assistant Secretary

File No. 763.72112/3515

The Secretary of State to the Consul at Guadalajara (Silliman)

[Telegram]

WASHINGTON, A pril 28, 1917, 4 p. m. Your April 21, 4 p. m. ,

For your information, Department cannot assist Germans in Mexico in trading with the United States if such trade is inimical to the interests of the United States in Mexico, or if it is carried on directly or indirectly for the benefit of Germany. The Administration and Congress have under consideration measures which will cover this situation, and which may be retroactive in their effect. Until they are enacted into law it is advisable for alien enemies in Mexico to proceed with the greatest caution in their trade with the United States. .

As bearing on general question of commercial intercourse between nationals of hostile nations see Moore's International Law Digest, volume 7, page 237, et seq.

LANSING

File No. 763.72113/362

The Secretary of State to Representative George Huddleston

WASHINGTON, May 15, 1917. SIR: I have the honor to acknowledge the receipt of your letter of May 7, in which you inquire whether it would be proper and legal for one of your constituents to purchase certain German and Austrian Government bonds, coupons, and bank notes, which are owned and offered for sale by American citizens.

The Department understands that you desire to be informed whether it would be lawful for a banker in the United States to purchase from an American citizen bonds and bank notes of the German and Austrian Governments.

*Not printed.

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