The Washington times., 1921-02-11

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January ~. 1913 .......... lecvvSS'SSSo
March .. 1919 ............. iseeS'SSSoS
Msn M AZ isis ............. .. sscS.Ssc
bsosmSsr 81. isis ......... - Iio0o,oot
Plaintiff IL Informed and believes
and ~ AYERS. that of such total amount
there now Is . balance In the Tress-
ury amounting to Ss,s1s,SS<ss. wn'oh
said balance ths defendant herein
t. pay. and unless restrained WI
pay. to said government ~ afors-
said. Plaintiff L. Informed and be-
lieves. and 90 AYERS that the foreign
governments Aforesaid are now. and
for some time have been. each and
all. at psaos with enemies OF the
United States; that the Cssoho-elovak
republic. rstifed Q treaty OF peace
with Germany on Dscomber 81. 1915
that France ratinel . like treaty
with said government of Germany
October ~. 1910; and that dreece
ratified Q like treaty with said gov
srnmsat March 20, 1880, ana that italy
ratihsd = like treaty with said govern
msnt October 9, 1919. and that
Liberia ratified q like treaty with
said government on Juno 80. 1870.
since which time none OF said gov
srnments has been engaged In war
with the government CT Germany.
And plaintiff IL further advised and
believes. and so AYERS. that all OF
said foreign governments. excepting
the government OF Liberia. which
said government never declared war
upon the Impartial and Royal Au.To.
Hungarian government. ratfned
treaties of peace with the govern
uent Of Austria on or before July
l6, 1880. since which time mono Of
said countries has been engaged In
war with the government Of Austria
or with an enemy Of the United
States. Plaintiff IL Informed and
believes. and % ayers. that the said
credits attempted to be established
for the use and bsnent Of the said
foreign governments sums are IN each
instance. without authority: that no
OBLIGATIONS of sid foreign govern
%sm' Sssn r.e.,v,d O. any or OF accepted s. "Ss By
the said defendant, the Secretary OF
the Treasury. for tho credits thus at
tempted by him to be established; |;
that the purposes for which the
credits arc thus attempted to be es-
tablished aro not purposes of pro-
viding for the national security and
defense Of tho United States and
prosecuting q war against the en-
emies Of the United States; that said
foreign. governments. each and all,
are not now and for a long time
have not been engaged in war with
tho enemies Of the United States.
Plaintiff representa-. upon tho advice
Of counsel, that the defendant, tho
Secretary Of the Trsasury, is without
lawful authority to accredit the said
sum OF $41s.17s,322.s2. money Of
the United States and tho people
thereof. or any part thereof. to said
foreign governments or any OF them,
and 10 without authority to make
any cash advances to said foreign
governments. or any OF them. out Of
said money. --A ---
THE RUSSIAN CREDIT.
II. The Secretary Of the Treasury
established . credit for tho provision
al government Of Russia pursuant to
the authority Of said acts in the sum
Of $1s7. 7.72o. .T50; that said credit was
SO established At and during the time
OF the establishment and maintenance
Of q provisional government Of Rus
sia. which was then engaged in war
| with the enemies OF the United States.
which said government was known As
tho Kerensky government, Of which
Alexander Kerensky was the premier
and potential head: that, as plaintiff
is informed and believes, and so
AYERS, said provisional government Of
Russia was duly recognised as q dc
facta government by the Governm ent
of the United States: that at the time
Of said recognition and since thereto
fore, one Boris Bakhmeteff was the
accredited ambassador from the said
provisional government to the gov
| NJ ~ hA Yntx h~x
subsequent to the establishment Of
saiA credit and the recognition OF
said provisional government, said pro-
visional government. on or about the
18th day Of November. 1917. was over
thrown by a Russian revolutionary
movement and ceased TO be either a
nominal or defacto government OF
the Russian people; that prior to said
date a credit was established under
the pretended authority Aforesaid for
use of said provisional government
by tho Secretary of the Treasury In
a sum amounting to approximately
$4,000, 900: that tho credit so estab-
iished was dsposited In the National
City Bank in tho county and state OF
Now York to the credit Of said pro-
| visional government, for withdrawal
by said Bakhmetsff representing tho
said Russian provisional government,
subject to an Agreement entared Into
between the said pakhmetoff, repro
senting the said provisional Russian
government, and the Secretary of tho
Treasury Of the United States, OF the
conditions of which agreement tho
said National City Bank had duo no.
tice, that the said Bakhmeteff,
repre- en- ting thu pro.
visional Russian government, should
be without the authority to make any
Withdrawals OF said credit, 70 estab-
lished and deposited, from said bank
| except with and upon tho approval OF