File No. 832.61333/159a.
The Secretary of State to the Ambassador of Brazil.
Washington, April 22, 1913.
Excellency: I have the honor to inform you that in answer to my inquiry directed to the Attorney General asking him whether the statement of the Brazilian Ambassador is sufficient to justify the withdrawing of the suit in the valorization case, I am advised that it is the opinion of the Attorney General that the Ambassador’s statement together with facts already within the knowledge of the Attorney General constitute sufficient ground for such action and that he has accordingly directed the District Attorney at New York to enter a [Page 66] decree to the effect. Following the custom of the Department not to give an opinion upon a hypothetical case concerning the effect of congressional legislation, he does not decide the second question, namely, whether a new suit should be brought in case of a repetition of the acts upon which the former suit was based, and he would not therefore give assurance as to modification or non enforcement of the acts in question. I have written him in line with our conversation asking him to notify this Department in advance before commencing suit in case a future cause of action should arise so that I may take up with you the question of securing through the action of your Government the same result that could be reached through a suit.
Accept [etc.]