ee a
©} Fiwkschmann, Max, borm in 1872
1). Alandfrage, eine Denkschrift. Berlin 1918.
2). L'obligation imposée & 14 Allemagne de réparer les con-
séquences des mesures prises par elle en territoires
eenmis ocupées. (Art. 297 du traité de Versailles)
Berlin 1922.
3). Das Staatsgrundgesetz des Koénigrecihs Norwegen nebst
urkundlichen Beilagen jiiber die Union mit Schweden.
Breslau 1912.
4). Der Weg der Gesetzgebung in Preussen. Breslau 1898.
5). Zwangsvollstreckung gegen fremde Staaten und Competenz-
konflikt im Anschluss an den Fall Hellfeld. Breslau 1910.
6). Woérterbuch des Deutschen Staatsund Verwaltungsrechts.
(Stengel) 2nd. edition, 3 Vol. Tiibingen 1911 - 14.)
{tx
OO —— OT ee ee Se “o —<«<—.— - °° ©
UNIVERSITY OF CALIFORNIA
SCHOOL OF JURISPRUDENCE June 15, 1940 | tt xe |
BERKELEY, CALIFORNIA ch yeeeives | 20 / 4%
Mr, Alvin Johnson
New School for the Social Sciences
New York City, New York
Dear Johnson:
There is a very distinguished jurist named Max Fleischman,
formerly=--that is until the operation of the anti-Jewish laws--a
professor at the University of Halle. He is quite up in the front
rank in professional and scientific standing, What he is threatened
with now is deportation to some wretched hole in Poland where his
chances even of physical survival are extremely slight.
If he could receive any kind of an offer to teach in any
American institution he could get the corresponding visum in Germany.
His qualifications for that are unquestioned. I am sure that most
members of your staff of the University in Exile know him,
I know that tis must be the one hundred and fiftieth case of
its kind that has come before you. My only reason for writing to
you is that I know that Arnold Brecht is in Harvard this year and
that for one year at least you may have something like a vacancy,
It is a heart-breaking matter and you are doing more than
any one man to alleviate it. All I can do is importune others,
Very sincerely yours,
Max Radin
MRC
es a ae ag: Gee oT —_ aie Fa, ee et
Se Lae om Sei “a Rn as Ss ert en ee
im poems :
en a aa ogo Se Sew :
ae . < > ~_
: - ¥o >.
June 21, 1940
Dear Max Radin:
I have your letter of June
15 about Max Fleiscimana. [| wish we
had the resources to invite him and
»
a plausible opening in our curricu-
lum. Alas, we have neither. Brecht
has been at Harvard for the year 1989—
1949 but will uot be next year.
Alvin Johnson
Director
Dr. Max Radin
University of California
Berkeley, California
Karl Steinaver. Minneapolis August 18,1949,
2020 Fremont Ave,5,
Minneapolis, Minn,
Dr, Alvin Johnson
New Schobl for Social Research
New York City,
Dear Sir: |
Will you be kind enough to advise me what can be
done to help my uncle Professor Max Fleischmann formerly Pro-
fessor of International Law at Halle University to get into
this country? I will not go into detail about his achievements
because I am sure you know them better than I do, If he could
be brought over on a non - quota visa his brother and nephew
in New York City would be glad to assume the responsibility
for his living, I know of { 300,- available from some mé@mbers
of my family here for the expenses of his trip and perhaps I
can raise a little more. :
If you wish more information about him, I know that
Prof, Edwin Borchard of Yale University , Dr. Wilhelm Weiss of
646 Sixty Sixth Street Oakland Calif,, Prof. D,u, Freundlich of
the Institute of Technology at the University of Minnesota and
Prof, Jessup of Columbia will all be glad to help you, They have
been trying to ai@ him but so far as I know have been unsuccessful,
From letters I have received I know that my unele will
be glad to do any kind of work available,
Thanking you for all your trouble, I am
yours truly,
Me ACA coy
August 23, 1940
Dear Mr. spittin
I have your letter of August
eighteenth.
I shall have the career of
Dr. Fleischmann leoked up.
Sincerely,
Alvin Johnson
Director
Ad: EW
Mr. Karl Steinauer
2020 Fremont Avenue, 5S.
Minneapolis, Minn.
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August 26, 1946
Dear Dr. Borchards
We are contemplating « consicerable
addition to our staff of refugee scholars.
Among the names suggested to us is Professor
Wax Fleischmann, formorly Professor of Inter-
national Law at Halle University. I am told
that you know him and his work. Would you
do me the favor of sending me e brief appraisal?
Sincerely,
Alvin Johnson
Director
Professor Edwin Borchard
Yale University
New F .en, Connecticut
August 26, 1940
Dear Dr. Jessups
We are contemplating a consice- ble
addition to our steff of re® zee = ars.
Among the names suggested ts 2. i. fessor
Max Fleischuann, formerly F-ofe*:sor of Inter=
national Law at Halle Usiversi yy. I am told
that you imow him and his work. Would you de
me the favor of sending me a brief appraisal?
Sincerely,
Alvin Jomson
Director
Drs Philip C. Jessup
Columbia University
New York City
: UNIVERSITY OF MINNESOTA
INsTITUTE OF TECHNOLOGY
MINNEAPOLIS
SCHOOL OF CHEMISTRY
DIVISION OF PHYSICAL CHEMISTRY 2Ooth Au PUSS + * 1940 a
cae. thane TLeetorm
In’ reply to your letter of
| <é *% 5 ” oe s a seat ol * :
the 26th August, I would li lain thai
len ~—, oy Sry - ~ TT _—
Ko tO CxpLlain tna
oo of *y F oy ~ 1 : ‘ ~ ~ 4 =
as IT am a Che mist IT am not in a position to
7
give any very competent opinion of Professor
Lei; t Il think you may be interested
to know that when 1 was .in Germany, prior to
1955, I knew His name as an outstanding figure
in Internat tional Law and that he had been sent
as a representative of Germany to the Hague.
I think this should prove a strong recommendation,
Furthermore, during the past
month I became much concerned about Professor
Fleischmann's fate when I heard he was still
in Germany and in danger of being t 9 }
to Poland. I had frequent ipecuss
e fc
3
-~ = 7
=
} on this
matter with relations of Professor C
who are living here in Minniar ens I shoulé
be only too glad if it were possible to have him
join. the stat of the New School for Social Research.
Yours SLNCCLeCLY y
YE Fi AG
Ee freun oma LGhe
b YALE UNIVERSITY
is SCHOOL OF LAW
NEW HAVEN, CONNECTICUT
EDWIN BORCHARD
PROFESSOR OF LAW
August 30, 1940.
Doctor Alvin Johnson
Director, New School For Social Research
66 West Twelfth Street
New York City
Dear Doctor Johnsons:
I am delighted to learn that you are contemplating
a considerable addition to your staff of refugee scholars.
Professor Max Fleischmann, about whom you ask my
appraisal, is one of the biggest names in International Law
in Germany. He was Rector of Halle University and has made
important contributions to International Law. He is more of
a. the technical scholar than the brilliant advocate. He was
| one of the German experts at our taeve Codification in 1930
E aad which I attended for the United States. Dr. Simons must
be well acquainted with his work. —
Professor Fleischmann is now somewhere in the 60's
and has had a hard time in Halle because he was an open op-
ponent of Hitler and made no bones about it. T understand
that his life was threatened by the Nazis and deportation to
Poland was once imminent. He has some relatives in Minnesota,
I believe, who have means. He wrote me himself two or three
years ago urging rescue and since then some of his students
have written. JI made various efforts on his behalf and sent
to Professor Philip Jessup at Columbia his complete curriculum
vitae. Jessup may be able to get hold of it for you so that
you may appreciate what a prodigious scholar he is or has been.
How far his working capacity has been impaired by his hard-
ships I could not say, but you would be adding a great name
and a courageous man to your list.
your treasurer has jwt written me for my annual
contribution. [I take the liberty of enclosing it herewith.
Very sincerely jyours,
EB :V “ Y
Encl.
> —- =
a —— ee ee a ee ee
Professor Dr. Wax Fleischma \)
-
; CS
eg ts a Dr. Wilhelm Weiss
646 Sixty-Sixth Street
Oakland, California August 31, 1940.
Dear Mr. Johnson:
Lam very glaQ ieee your letter.Thatis right: I know
very well since beginning of
his career as hi: f,as colleage of him in so far as I
was a lawyer and as a collaborator at one of his works.
I enclose: 1/ curriculum vitae and
2/ list of his Principal Publications
and call your attentbon to the works of International Law
under 2 ¥,VI,VII1,3 and VIII espacially 6 and to the fact
that Prof. Fleischmann as a representative of his University
visited many countries especially the United States of America
( cfr. 1 under " Study Trips" ). The contents of the papers
ey)
re
speaks for themselves in respect to Prof. Fleischmann §$
qualifications and former activities: He was a decoration
of his Unversity as well as a scientssts. and as a man.
He is able to work like a young man and looks much younger
then he is.
Prof. Fleischmann is known personally too Professor
Edwin M. Borchard, School of Law University New Haven Connec-
TLCUL s
He is also known too Professor Caro, formerly at the
» )
Unversity Halle like Fleischmann,now Hs the University
Oberlin Ohio( 272 Oakstreet ).He told me a few weeks ago:
yt teischmann Ls a decoration of the Sctence. I would be
eteae- able to give the best reference about him and would
-be glad to give it. "
I hope this information will be satisfactory. In case
you wish a supplement I always'‘will be glad to give it.
pincerely ,
a -
et ae —~ -
|
Dr. Wilhelm Weiss
64.6 Sixty-Sixth Street
Oakland, Calif.
August 31, 190
Dear Mr. Johnson:
I am very glad to get your letter. That is right:
I know Professor Dr. Max Fleischmann very well since be-
ginning of his career as his friend, as colleague of him in
so far as I was & lawyer and as a collaborator at one of his
works.
I enclose’: 1) curriculum vitae and
2) list of his principal publications
and call your attention to the works on International Law under
2 V, VI, VIII, 4 and VIII especially 6 and to the fact that
Prof. Fleischmann asa representative of his University
visited many countries, especially the United States of America
(cfr. 1 under "Study Trips"). The contents of the papers speak
for themselves in respect to Prof. Fleischmann's qualifications
and former activities: He was a deforation of his University
as well as a scientist and as a man. He is able to work like
& young man and looks much younger than he is.
Professor Fleischmann is known personally to
Professor Edwin M. Borchard, School of Law, University New
Haven, Connecticub.
He is also known to Professor Caro, formerly at the
University Halle like Fleischmann, now at the University
Oberlin, Ohio (272 Oak Street). He told me a few weeks ago:
"Fleischmann is a decoration of the Science. I would be able
to give the best reference about him and would be glad to
give 4" ©
I hope this information will be satisfactory. In
case you wish a supplement I always will be glad to give it.
Sincerely,
W. WEISS
September 3, 1940
Si Abe +
Dear Mr. Freundlich:
Thank you for your letter
of August twenty-ninth with the
information on Professor Fleisch- |
mann.
Bie, ee
in nf tag SR anal
Sincerely,
Mr. BR. Freundlich
UntYersity of Minnesota
Iustitute of Technology
Minneapolis, Minnesota
September 8, 1940
Dear ir. Veies:
i thank you very much for
your letter of August $1 and the inform
ation on Professor Mex Fleischmann,
"Wess A Lacan
Sincerely yours,
Alvin Johnson
Director
Dr. Wilbeim Weiss
646 Sixty-Sixth Street
Vekiend, California
Dear Dr. Borchard:
I am grateful for your letter, and for
your contribution to the University im Srile.
Wax Fleischmann is one of the figures
that raise a serious problem. There is no ques-
tion of hie eminence and merit. But the fact
that he is over age makes it difficult to see
whet can be done for him in the long rum. The
colleges won't take a man in his sixties, and
there ig no Foumdation that will assume the res-
ponsibility.
We ought to have an institution like the
Prytangum of Athans, where aen of distinction,
mative cr visitors, could be housed and enter-
tained without cost indefinitely. A Prytanew
attached to the Congressional Library would give
time expired scholars an oppertumity te finish
projected books or to write memoirs, and help
to restore to honor the wisdom of the old.
Sincerely,
Alvin Johngon
Chairman
Dr. Edwin Borchard
School of Law
Yale University
Hew Haven, Conn.
| Dear Professor Sorchards | 3 4
We ere comtemolating the additica of a
considerable sumber of refugee sc olars to our
staff.
One of the persons ©: are coosicering is
Mex Fleischmann, and it occurs to me that you
wight be able to give us inforset m ebout him and
thus to facilitate eventual action.
| May I ask you, therefors, to provide us
with such data as you may have, concerning the
iteme coecked on the attached s)] ip.
Above all, #ill you give ue a brief but
eonerete ap -raigal of hie sehclarly ani teaexing
career, |
Tiank you wary much for any aspistence
you con lend.
‘ivin Johnson
Tdi reector.
Professor &. M, Borchard
Yale University
New Heaven, Conn.
Tee 5p ke
YALE UNIVERSITY
SCHOOL OF LAW
NEW HAVEN, CONNECTICUT
EDWIN BORCHARD
PROFESSOR OF LAW September 4, 1940
Dre Alvin Johnson
66 West lézth Street
New York, N. Ye
Dear Mr. Johnsons
Thank you for your letter of September 5rd. Max
Fleischmann, though in the 60's, looks very much younger
and was, when I last saw him, a man of considerable energy
as you may infer from his writings. Whether the last few
years have left a mark on him TI cannot say, but I do hope
that his age will not persuade you to reject him since he
was, when last I knew him, a most virile man.
I am just in receipt of a letter from Dr. Martin
Fuchs with respect to the possibility that you might be
willing to take on his brother, Dr. Richard Fuchs, con-
cerning whom we had some correspondence two years ago. I
am asked by brother Martin to express an opinion to you
concerning his brother Dr. Richard. As I wrote to you two
years ago, Richard Fuchs was one of the outstanding men in
the German Ministry of Finance and an extremely important
cog in the administrative machinery of the German republic.
That he is also a scholar is indicated by the books that he
wrote concerning the liquidation provisions under the
Treaty of versailles. He is also the author of numerous
articles which his brother may have placed before you. He
is a man also of splendid character and combines scholar-
ship with practical experience in administration that per-
haps enrich to best advantage a teacher in the social
sciences.
Very sincerely yours, /
f
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,
mann,einmal wegen seiner hohen wissenschaftlichen
Bedeutung und zweitens weil er von dem Schicksal be
droht ist,als Nichtarier nach Iublin oder Gurs trang
portiert zu werden.
Die von ihm lingst geplante Auswanderung nach
USA. scheiterte daran,da& amerikanische Verwandte
ihn mit dem versprochenen Affidavit im Stich lieffen
Von den zahlreichen wissenschaftlichen Arbeiten
Fleischmanns vermag ich aus dem Gedichtnis nur sein
"VOlkerrecht", 12.Auflage des Liszt'schen Volker =
rechts,ein Werk von 764 Seiten,ein Buch zur Aaland=
frage,seine "Quellen des Volkerrechts" anzuftihren,
allein jedes Gelehrten-Lexikon wird Ihnen nihere
Auskunft geben. Er war “ektor der Universitaét Hal=
le,er vertrat das Deutsche Reich auf’ einer Haager
Konferenz und war Mitherausgeber einer der angese=
hensten juristischen Zeitschriften Deutschlands.
Er ist 68 Jahre alt,aber noch jugendlich frisch.
Er spricht englisch und wiirde mit seinem gl&n=s
zenden pidagogischen Talente ein Sewinn fiir jede
amerikanische Hochschule sein.
sobald er die BHinladung nach Amerika nachweisen
konnte,wiirden er und seine 71jShrige Frau (die Ehe
ist kinderlos),die Erlaubnis zum Fluge Berlin-Lissaq
bon erhalten.
aie
Darf ich bei dieser Gelegenheit mich nach: dem
stande meiner eigen ~ewerbung erkundigen.
Mit vorzguglicher Hochachtung
Reichsgerichtsrat i.R.
ev2 Oak Street, Oberlin, Ohio. September 10 1940.
The New School for Social Research
66 W Twelfth Street
New York, N.Y.
Dear Sir,
It is with great pleasure and relief that I hear
of your intention to confer” Brofessorship on Professor Max Fleischmann,
formerly of Halle University. I hacve been his collea Bue there from
1920to 1950,and our friendly relavtions have given me every opportunity
of knowing him as a scholar, ateatcher and a man.I have also sat under
him during the re 5 when he was Dea_n of his faculty and Rector of
the Untiversity, at’aperiod when both posts were difficult und fraught
with pitfalls, Tha p S to his grea t skill in handling men of different
kinds ,jhis strong personality and his dfinterested devotion, his term of
office was an unqualified success. As a ted *cher,he was no less success-
ful. In fact,he was compelled to move from one lecturing hall to another
and finally spea’k in the aula of the University,the only hallsuffi-
clently large for his great crowd of students. I do not remember any
Similar case in Halle. :
Hopimg that my unsolicited testimonia”] will not be unwelcome,
T rema_ind ar Bets ty ons truly
Rene 7 Soolet Ka ro
7
SC
ja
jo
}*d
I<
272 Oak Street
Oberlin, Ohio
Beptember 10, 1940
The New School for Social Research
66 West Twelfth Street
New York, New York
Dear Sir;
It is with great pleasure and relief that I hear of your
intention to confer a professorship on Professor Max Fleischmann,
formerly of Halle University. I have been his colleague there
from 1920 to 1930, and our friendly relations have given me every
opportunity of knowing him as a scholar, a teacher and a man, I
have also sat under him during the two years when he was Dean of
his faculty and Rector of the University, and a period when both
posts were difficult and fraught with pitfalls! Thanks to his
great skill in handling men of different kinds, his strong personal-
ity and his disinterested devotion, his term of office was an ungquali-
fied success, As a teacher, he was no less successful, In fact, he
was compelled to move from one lecturing hall to another and finally
he spoke in the aula of the University, the oniy hall sufficiently
large for his great crowd of students. I do not remember any similar
case in Halle,
Hoping that my unsolicited testimonial will not be unwelcome,
I remain, dear Sir, yours very truly,
signed— - George Karo
Professor
patel —
: September 13, 1940
Dear Professor Karo:
Thank you very much for your let-
ter of Septemter the tenth.
I am very glied te have your recom
mendations of Professor vax ¥ileischmann.
Sincerely,
Alvin Johnson
Director
Professer George Karo
272 Oak Street
Oberlin, Ohio
eorge Fleischmann
800 West 176th Str
New York, November ll, 1940
G2
Myr. Dr Alvim Johnson
Director of the New School
66 West i2cth Str
New York
- Sehr geehrter Herr Director,
Christian Refugees erhielt ich die Nachricht, dass in ‘Larem -2rossziigi-
sen Untermenmen, viele Gelehrte aus den bedrohten Huropaeischen Laen-
derma an hiesigen Universitaeten zu settelm, mein Bruder Professor
De. Max Fleischmaun, bisher in Halle/Saale - nicht beruecksichtict wer=
Appa een reeme amaaey- x ET ? r
den kann, da dieser das dabei befristete Al
ct
29)
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ct
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7)
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4)
RS
oP
©
me
3
pt.
ct
ct
(D
3
nat.
Yeam ich heute dieserhalbd mochmals vorstellig werde, so
mur, um aut einen Umstand aufmerksam zu machen, der vielleicht ueberse-=
nem worden ist und doch fuer eine Berufung an ein hliesiges Institut vom 4
~ “~ Ww
imuteresse seien kocante, ay 4
ich mehme an, cass bisher die Taetickeit meines Bruders
nur als die eines Rechtszgelehrten aufgefasst worden ist und auf diesem =
Geblet sicher viele Professoren in juenzerem Alter sich um eine Ber fung 4
beweroen, wen hier wonl auch der Ruf und die Erfahrungen der Gelehrten
eime Rolle ees duerften. Es ist aber wohl nicht beachtet ase
4
senschaften ist, des e@inzigen Institutes dieser Art, das in beicees a i,
existiert. Be *
Bel dem Binfiuss der Zeitungen, dénm hier rerade die E:
Zelitungen haben, und dass nach meinem Erkundigunzen ein solches In stitut,
Ww \ J 7) ing
wie es mein Bruder in Halle begruendete, in USA noch micht besteht, gae- 4
be es wohl die Moezlichkeit, etwas gleichartizes an der New School oder
5 os
elmer anderen Universitaet zu gruenden und dafuer meinen Bruder zu be-
rufem, da diesem die Erfahrunzem bereits zur Seite stehen,
ich waere sehr a wenn Sie diese Anrecung in Er-
Waesumg Ziehen wuerden, auf Wunsch staende ich mit weiteren Anza apen
marek = Bs
gern zur Verfuegune
Cr So az
Se oe
az 3 oe >
ee
Seat
3 i
. , i oe c= ek ; RE hs; ‘ 7 ~—< > eas ;
lte wider Brwarten mein Vorschlag keine Interesse
fuer Hrrichtuag eines solchen institutes zeitizer, so waere: ich ‘Ihnen
Sehr verbunden, wenn Sie mir einen Weg zeigen koennten, wie. ich einen
“*e
der imhaber der grossen Geitungskonzerne hier dafuer interessieren See
Dow Sore
seveee oder aber es selbst in die Hamad nehmen, einen solchen-Herrn
auf eine solche Gruenduss auimerksam zu macien. Dies wuerde, meines -
ed
Brachtens, sroesseren Tincruck machen, als wemnm ich, als usubekanunte
Groesse, selost fuer meinen Bruder an jemanden hevrantraete.
t
Sie wollem auch bedenken, dass Sle, fails Sie fuer
meinen Bruder diese Moglichkeit auf die eine oder andere Weise schaf-
fen, einem wertvollem Menschen von dem Schicksal, das ihm angedroht
von der Gestapo, jetzt im verdoppelter Weise in die Naehe zerueckt
ist, retten. ce
Mit der nochmalizea Bitte, meine Darstelluagen auf
eine moezliche Unterbri ingung hin gu pruefen, erbitte ich Ihren moece
lichst pebitcee Sescheldad, camit ich meinem Bruder auf seine ve erzwei-
foiten Hilferuf Antwort sehen kon — —
é =
ihr ganz ergebenster | ae
— Preis licifice
é Seas
v
Bovember 16, 1940
Dear Me. Fleisehmannt
Thank you for your letter of
occas li th.
As to our sugeestion of a new ine
stitution for the science of journalisa, 2
Go not kmow of any newspaper that would andere
tole the maintenance of such an institution,
n-® would I kmow of any other possibility for
raising the necessary funds.
I am very sorry thet there is nothing
< can do for your > brother, though I would very
Sincerely yours,
Al 1van Pf chnson
Directo.
Mr .Gecrge Fleischmann
650 lost 176th Street
New Tork O83 ty
Dear Dr. Sontag:
I have received your letter of December the
fourteenth.
I regret to tell you that I am not able to oe
invite Dr. Max Fleischmann. His name had been sug~ aor
gested to me sometime ago by his brother as well as ee:
by some of his friends in this country. ae
I tried in vain to get foundatt n support for
him, Unfortunately, his age is beyon@ the limit #hich ——
is strictly placed upon my project. I am sorry.
As to your own applications I think you have os
probably received in the meantime my letter of December
twelfth which tells you that unfortunately I am not able
to send you an invitation. This I deeply regret. aes =
Sincerely,
Enclosure ss
Dr. 3, Sontag : oS
Via Pretorio 19 ee
Lugano, Switzerland =
«
YALE UNIVERSITY
SCHOOL OF LAW
NEW HAVEN CONNECTICUT
EDWIN M. BORCHARD :
PROFESSOR OF LAW January 16, 1941
pr. Alvin Johnson, Director
New School for Social Research
66 West leth Street
New York, Ne Ye
Dear pr. Johnson:
Isn!t there something that you can do for Professor
Max Fleischmann, who is now a practical prisoner in Berlin?
If you could get him admitted as a research scholar, I
would try to get from Fleischmann a commitment that his
relatives in Minnesota will take care of him. Fleischmann
has written me the enclosed appealing letter, which kindly
return. I should like to make some kind of hopeful answer.
Very sincerely yours,
ENC e
Jamary 17, 1941
Near Professor Borchard:
I have your letter of Jamary sixteenth about Pro-
fessor Mex Fleischmann.
It's extremely difficult to get anyone out of Germany
and the only way that is at all open is the non-quota visa,
which presupposes that the applicant has been resularly employed
as a professor, a condition which Fleischmann could fulfill; and
that he should have a teaching position (not a research position)
in the United States with the salary that the consul judges is
adequate to his living and is sufficient é« guarantee of good
faith.
I am sorry but a commitment from Fleischmann's relatives
in Minnesota would not be enouch. Actual funds would have to be
put at the disposal of some institution that would cive him a
teaching position, or at least legally binding quarantees that are
from a business point of view adequate.
Sincerely,
Alvin Johnson
Director
AJ3 EW :
Professor Zdwin M. Borchard
Yale University
School of Law
New Haven, Connecticut
YALE UNIVERSITY
SCHOOL OF LAW
NEW HAVEN, CONNECTICUT
EDWIN BORCHARD :
PROFESSOR OF LAW January 24, 1941
pr. Alvin Johnson
66 west 12th Street
New york, N. Y.
Dear Mr. Johnson;
This will acknowledge your letter of January 17th
in re Professor Max Fleischmann. |
It seems to me a very narrow construction to main-
tain that a man who dn djevated his entire life to teaching
in Europe cannot come here to do reserurch because he is
not then a teacher. JI think this is an administrative
ruling, and I shall endeavor through friends to take it
up with Professor Hart, now with the Immigration Bureau,
to see if an administrative construction cannot include
in the category of teacher a research associate. Perhaps
the Congress conceived a teacher as a school teacher,
but we give it a wider connotation. __
In the meantime, would yok please return Professor
ail
ew
eae
ental
Fleischmann!s letter and his curriculum vitae which I
sent to you?
Sincerely yours,
Jemuary 28, 1941
Dear Professor Borehard?t
I enclose the Fleischmann papers recuested
by you.
It is a great comfort to hear an expert like
yoursel? express the oninion that the Administration is
putting too narrow - construction on the rrovistons of
the Immigration Act with respect to teachers. I quite
agree with you, tut I have never been able to impress
this view on the Imuigration Bureau, or even on the State
Department which, 1 think, makes the interpretation of
Section 4(4) of the Immigration Act of 1924,
Sincerely yours,
< 4 Ld * ~ —
ALVA »- Oonson
Director.
Professor Mdwin Borchard
Yale University
New Haven, Connecticut.
Enclosures
(Letterhead of)
DEPARTMENT OF STATE
In reply refer to
VD 811.11102 Borchard, Edwin
June 17, 1941
My dear pr. Borchard:
I have received your letter of May 9, 1941 con-
cerning the possibility of permitting the entry into
the United States, as nonquota immigrants under Section
4 (d) of the Immigration Act of 1924, of certain alien
scholars and teachers more than sixty yeard old who,
because of their advanced age, may not be offered teach-
ing positions by American universities, but who could
be accepted by American universities as research
professors.
Section 4 (d) of the Immigration Act of 1924 exempts
4
from quota restrictions:
"An immigrant who continuously, for at
least two years, immediately preceeding the
time of his application for admission to the
United States has been, and who seeks to
enter
Edwin Borchard, PheDe, LLeD.,
Yale University,
School of Law,
New Haven, Connecticut.
enter the United States solely for the pur-
pose of, carrying on the vocation of minister
of any religious denomination, or professor
of a college, academy, seminary, or univer-
sity; and his wife, and his unmarried children
under eighteen years of age, if accompanying
or following to join him."
It may be seen that the Act does not provide nonquota
status for “foreign scholars", as such, but for aliens
coming to this country as “professors of a college, academy,
seminary, or university". The Departments of State, Labor
and Justice have agreed that the primary test to be applied
in these cases is whether the persons concerned are to be
connected with institutions of learning in the United
States primarily for the purpose of conferring the bene-~
fits of their knowledge upon the students rather than for
the purpose of pursuing their own studies.
An early statement by the pepartment of Labor on
this subject was, "It seems quite evident that the intent
of the law is to enable religious bodies and institutions
of learning in the United States to bring needed minis-
ters and professors, respectively, from foreign countries
rather than to exempt such persons from quota requirements
simply because of their vocational status."
In connection with the question of research, the
three Departments referred to above have agreed that if
an alien is coming to the United States as a research
assistant
assistant, he must be engaged as a member of the faculty
(in contradistinction to a research assistant paid from
the private funds of the professor whose assistant he is
and in contradistinction to an assistant who is also a
student and is being paid from endowment for scholarship
or fellowship not entitling him to faculty rank) and have
some duties of instruction connected with the students.
This does not necessarily mean that the research assis-~-
tant must give any formal courses. It is sufficient if
he is to be a laboratory assistant, a tutor, or a con-
reading
sultant who supervises research or outside/xmamhikug of
students. However, it should be repeated that the primary
test is whether the research assistant is to be connected
with the university or college primarily to confer the
benefit of his knowledge upon the students rather than to
pursue his own studies.
In regard to the question of exempting from quota
requirements professors coming to the United States solely
for the purpose of engaging in research activities, it has
been repeatedly held that such persons could not be so
exempted.
I wish to assure you of the sympathetic attitude of
this Department in cases of this kind. If the interest
which you display in your letter has been prompted by
special
special information received by you concerning particular
cases which you believe might be considered under Section
4 (d) of the Immigration Act of 1924, I would suggest that
the cases be presented individually either by the intend-
ing immigrants or by yourself to the Department or to one
of its consular offices abroad.
Any such cases, when presented, will be accorded
careful examination and every consideration consistent
with the immigration laws of the United States.
Sincerely yours,
For the Secretary of State:
[signed] A. M. Warren
Chief, Visa Division
YALE UNIVERSITY
SCHOOL OF LAW
NEW HAVEN, CONNECTICUT
EDWIN BORCHARD
PROFESSOR OF LAW July 1, 1941
pr. Alvin Johnson, Director
New School for Social Research
66 West léeth Street
New york, N. Ye
Dear Mr. Johnson:
You will be interested in the enclosed letter of
June 17th addressed to me by the Chief of the Visa Di-
vision of the Department of State.
IT infer from the letter that if we can present the
case of a man over sixty who will be useful in the re-
search work of an established educational institution,
they might find a way of granting him a visa under a
more liberal construction of the word "teacher". It
seems that only when he is engaged solely in his own
research activities and does nothing else for his edu-
cational institution would they put up the bar.
Mr. Warren invites me to bring up specific cases,
and I wonder whether you would still be interested in
considering the case of Professor Fleischmann. [If so,
I would ask him to try to get his relatives in Minnesota
to ungerwrite his support. You might then be able to
engage, your international law work with some of the
members of your staff.
I should be glad if you would reconsider the
matter to see whether there is any use in my following
it up.
Very sincerely’yoyrs
Dear Profensor Borchers
Because of Profecsor Pleischmann*s o7%,
4% would be unrensonedle to exnect that
he would, at the end of « subsidized
tymeyear period, fin a university 0osb.
- Ye would, therefore, have to have not
only the funds for salary for two years,
‘Det positive aseurance as te his support
thereafter, presunebly by the relatives
whom you mention. Under such circum
st-nees, we might experiment with en in
vitation, olthouch the new viea regulate
fone have made matters more difficult
than ever and we heave little reasor to
pelieve that Mr. “Yarren makes liberal
interpretations where he can find the
possibility of the other kind.
Sqncerely yours,
Alvin Jchnson, .
Directors
2
oe
on,
