I respectfully forward the copy of same and await instructions.
[Inclosure in No.
5.—Translation.]
Mr. Droz to Mr.
Washburn.
Federal Department of Foreign Affairs,
Federal Department of Foreign
Affairs
Political
Division, No. 3433,
Berne, September 12,
1892.
Mr. Minister: We have not failed to
attentively examine, concurrently with the federal department of
justice and police, your recent note of August 10 last, relative to
the His-Turner case in order to see whether there was ground for the
Federal Council to review its decision of May 3, 1892, of which we
had the honor to advise you on the 7th of the same month.
To this end we first informed ourselves as to the present status of
the question. Here is the information we have obtained: On April 22,
1892, after the settlement of the various incidental questions
relative to the measures of conservation, the preliminary hearing
took place before the district court of Zofingen of the case of
Albert His, manufacturer
[Page 652]
at Murgenthal, against Mrs. Carrie His, to modify the decree of
divorce allowed January 22, 1890. Counsel for Mrs. His set up an
exception to the jurisdiction of the court, but this exception was
overruled.
Mrs. His appealed to the supreme court of the canton of Aargau, but
the decision of the court of the first instance having been affirmed
by it, she had recourse to the federal court, which has not yet
rendered its decision.
The case being, therefore, more than ever a subject for the competent
courts, and no new argument whatever having been adduced in your
note of August 10, it is, more than ever before, impossible for the
Federal Council to intervene in the course of the case.
It must, therefore, abide by its decision of May 3, 1892, for reasons
which we have had the honor to lay before your excellency in our
note of the 7th of the same month.
Regretting not to be able to take such action as requested by your
Government, we offer you, Mr. Minister, the new assurance of our
high consideration.
