Reich to Exempt U.S. Jews from Decree Only if Treaty Rights Are Involved

The German Government, it was announced today, has refused to exempt American Jews in Germany from its anti-Semitic decrees except where treaty rights are involved. The United States Government immediately moved to bring to the Reich Government’s attention cases involving treaty rights and will make a practice of putting similar cases before the authorities.

The new developments in the controversy over the right of Americans in the Reich not to be discriminated against, regardless of race and religion, which had been the subject of several United States notes to Berlin, were disclosed today when a summary of the German note, dated Dec. 30, was issued in Berlin this morning, and this afternoon the State Department made public the text of the German note and the American reply, dated Jan. 6.

The German document, taking note of the American principle of non-discrimination against foreign nationals regardless of race and religion, takes the position that the Reich has the right to adopt discriminations against any category of persons, provided that it does not discriminate against the nations of any country as such. The note also says that Germany has even conceded more favorable treatment to foreign citizens. In conclusion, it reduces the controversy to a question of treaty rights and expresses readiness to examine specific cases involving these rights.

The American note reiterates the “fundamental position” that it declines to recognize the right of other nations to adopt discriminations which arbitrarily divide American citizens, but expresses gratification at the promise to respect existing treaties, and accordingly, states that the American Charge d’Affaires at Berlin, Prentiss B. Gilbert, is presenting certain cases for settlement and will pursue this practice in regard to cases arising in the future.