New-York tribune., 1919-12-12
TIFFANY & Co.
FIFTH AVENUE & 37u STREET
JEWELRY OF PROVEN QUALITY
AND VALUE

the hands Of the Russian Embassy at
Washington after the fall of the
kerensky government, according to
Ludwig c. A. X. Martens, the unrecoR-
nized envoy of the Russian Soviet gov
ernmont, who testified yesterday be-
fore the Lusk Legislative Committee.
Martens testified that the money was
left in the hands of Boris Bakhmeteff.
the Russian Ambassador at the time
the Soviet government came into pow
er. After Lenine and Trotzky had ap-
pointed him the official representative
of the Bolsheviki in this country,
Marten said, he made demand on
Bakhmeteff for such property as the
to huve been deposited in Washington
for the purchase OF war munitions.
DO you know what became of the
money!" Martens was asked.
"Yes, it was spontaneously for SAL
aries," he replied.
Efforts to Get Funds Fail
"What is Bakhmeteff's position in
this country now?" Martens was asked.
"He hasn't any; he doesn't repre-
sent anything" was the reply.
"What does Bakhmeteff do in Wash
ington?"
ale occupies the building of the
Russian Embassy"
Martens explained that his efforts
to obtain the funds had been in vain.
When he was asked to produce "let-
ters and other papers received by him
from Soviet Russia" from last January
to the time a subpoena was served on
him on November ii. Martens an
nounced he was prepared to defy the
committee. He said that on the ad-
vice of Dudley Field Malone, his coun-
sci, he would take the position that
the committee had no right to inquire
into the confidential CORE spondence
between foreign government and its
agent.
The committee will determine this
morning what action it will take. 1t
was said that alternatives open to the
committee were either to proceed
committed misdeameanor or Of TAX
ing him before the Supreme Court to
show cause why he should not be pun
ished for contempt
Martens was insistent in his refusal
tC answer
Some of the points on which the
committee asked information were:
The names Of messengers who, he
admitted, brought funds to him from
Russia, and their method of getting
into this country.
Copies Of his instructions from Le-
nine and Trotzky.
Copies of letters he issued to assist
persons to travel between Sovie. Rus
sia and other countries.
His account books, showing what re-
ports he made to the Soviet govern
ment on his expenditure of money in
the United States.
Explaining his claim of immunity
Martens read a statement which he
said had been prepared with the aid of
his counsel. The statement read:
II desire to state the reasons why !
decline to produce my correspondence
with the government of Soviet Russia
and to answer any questions relating to
the same.
II am the duly accredited representa-
tive of the de facto government of So
Wet Russia. A de facto government
has been defined as such as exists
after it has expelled the regularly con-
stituted authorities from the seats OF
power in the public Offices and estab.
ished its own functionaries in their
places. SO as to represent in fact the
sovereignty of the nation (Moore's
Digest of international Law, Volume ]
Page AZ, quoting from Williams agt
Bruffy, 96 u. S., 176, Pages 185-186.)
at is further said by the same au.
thorty that de facto government Ell
joys the rights and attributes of SOW
ereignty Independently of al
!, page 72) Now, it is the accepted
principle of international law that the
correspondence between foreign gov