711.639 Legal Protection/2

The Austrian Minister (Prochnik) to the Under Secretary of State (Olds)

My Dear Mr. Under Secretary of State: Reverting to our conversation of today, I take the liberty of outlining in the enclosed memorandum the subject which the Austrian Government is anxious to regulate by convention to be negotiated and concluded with the Government of the United States.

You would do me a great favor by having me advised in due course of the attitude of your Government in regard to this question.

Kindly accept [etc.]

Edgar Prochnik
[Enclosure]

Memorandum

At the International Immigration and Emigration Conference in Rome in 1925 [1924]14 a resolution was adopted advising all those countries which heretofore did not enter into agreements relating to mutual aid in the administration of justice, that they should grant by special conventions to immigrants and their families equal rights with their own citizens in matters of legal protection.

Although the American delegation to said Conference did not join the abovereferred to resolution the Austrian Government hope that the Government of the United States may be inclined to enter into negotiations with a view of concluding a treaty assuring legal protection and mutual assistance in the interest of administration of justice in general and granting in particular certain exemptions from [Page 1014] fees and other dues in cases where the parties in litigation are found to be destitute of means and freeing the citizens of each of the contracting parties from a necessity of furnishing bond when they wish to enter suit in one of the courts of the other.

As to the two latter points (paupers exemption and freedom from bond) the Austrian Government have in mind the relating stipulations in the Convention relating to civil procedure (Convention relative à la procédure civile) which was concluded in the Hague on July 17th, 1905.15

  1. For correspondence concerning participation of United States in conference, see Foreign Relations, 1923, vol. i, pp. 115 ff.
  2. British and Foreign State Papers, vol. xcix, p. 990.