English Judge Holds Aloof in Suit on Reich

Justice Roche gave an interesting judgment in the King’s Bench Division today in action brought against a Lloyd’s underwriter by Dr. Sommer, a German Jew, in connection with the seizure of his property by the Nazis.

This case,” observed the judge, “involves domestic order and domestic concern in Germany, and it is undesirable for a British court to travel outside an examination of the rights of ht parties into questions which are matters of controversy in Germany itself.

“In February 1933. Dr. Sommer went to the United States on business and did not return to Europe until April. There is no doubt that he intended to return to Germany. In fact, Dr. Sommer did not return to Germany, because of something that he had learned while staying in Italy. His house in the Reichenbachstrasse in Dresden was entered in May of last year by the police. A search of his papers was made and intimation was given that Dr. Sommer was suspected of various things, ranging from communism to corruption in business. His secretary was arrested. It was contended that these things amounted to a confiscation of Dr. Sommer’s houses and property.

“Considering all the facts I am satisfied there never was a loss of the Reichenbachstrasse house at all. What began was an occupation for purposes of investigation, but undoubtedly developed into something more. There was occupation by the Corruption Bureau for some months, and as might perhaps have been expected, there were some excesses and impropriety. But in regard to confiscation, I hold there was not the slightest intention to interfere with Dr. Sommer’s property in the house. In fact, negotiations took place with the Revenue authorities in July on the basis that the house still belonged to Dr. Sommer.”