THE 'IRON CURTAIN' STATUTE - ITS CONSTITUTIONALITY AND PURPOSE UPHELD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000100350005-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: November 11, 2016
• Document Release Date: September 1, 2000
• Sequence Number: 5
• Publication Date: April 1, 1954
• Content Type: OPEN

Sanitized - A proved For Release : 4 - 5
The "Iron Curtain" Statute - Its Constitutionality
And Purpose Upheld
CPYRGHT
FALICJA MAZUROWSKI, PETITIONER
1954 A. S. 35 - January 7, 1954
A resident of Springfield died in 1942, leaving as his heirs a widow
and three children in Poland. A public administrator was appointed and
in 1944, upon his petition for distribution, was ordered to deposit the money
in the savings bank for their benefit. Subsequently the four heirs, all Polish
nationals, filed petitions to have the money paid to them. The petitions
were filed by the consul general of Poland, who claimed "jurisdiction" over
Massachusetts. He also claimed the right to act for the petitioners, both
by virtue of his consular office and by virtue of powers of attorney ex-
ecuted by them and authenticated in Poland. The probate judge, under
the authority of -G,L. 206, ?27A (the Iron Curtain statute, enacted by St.
1950, 265), made an order requiring the appearance of the petitioners in
court in person, and ordered the cases continued until they appeared.
The consul general contended that the order of the court was in con-
travention of the treaty with Poland (July 10, 1933), and that the statute
was unconstitutional because the treaty 'became the supreme law of the land
and its terms gave consular officers the right to appear for their nationals
in the administration of estates and to collect and receipt for their distribu-
tive shares.
Held: Order of the probate judge affirmed. The Polish treaty was
terminated January 5, 1952, and all special privileges of consular officers
ceased.
The claim of the consul general that the treaty created property rights
which survived its termination could not be sustained. While the treaty
did provide that the nationals of either country should have full power to
dispose of their personal property, and their heirs, etc., should succeed to
their rights and could take possession, either themselves or by others acting
for them, this did not give the widow and next of kin a paramount right
to seize their shares regardless of the laws of the Commonwealth providing
for the orderly distribution of estates of deceased persons domiciled here.
The court then discussed the question whether the iron curtain statute
was any more than a reasonable regulation of the distribution of estates
and held that it was not. It pointed out that money sent to Poland is con
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 Sanitized - proved For Release : CIA-RDP O453R00010035(
CPYRGHT
verted into Polish zlotys at the rate of four zlotys to the dollar, while the
actual free rate,of exchange is twenty zlotys to the dollar, or better. This
means that the Polish government confiscates 801,'70 of every remittance.
The court also referred to a United States law permitting checks and war-
rants for money to be sent to other countries only where banking and other
conditions are such that the recipient will actually get them and will be
able to negotiate the check or warrant for its full value. The Secretary of
the Treasury has said that these conditions do not exist behind the iron
curtain (including Poland). There is no reason to think that money sent
through the consul would meet with any better fate. Accordingly ?27A
seemed to be a reasonable and valid regulation, even though, as in this case,
the statute was passed after the death of the decedent. The statute does
not discriminate against Polish nationals. It would apply equally to a
United States national residing in Poland. The order to deposit the money
in the bank until the claimant appears personally is only temporary, not
permanent. Conditions may change so that the order can be revoked. 'At
the present time it does not seem to be so much a deprivation of the prop-
erty rights of the petitioners as a protection.
(NOTE - in this case, as there was no party opposing the petitions, the
probate judge of his own volition made inquiries as to the facts regarding
remittances to Poland.)
Announcement of 'Memorial to
Mr. Justice Charles H. Donahue
On Thursday, April 29, at 10:00 A.M., a Memorial Ceremony to Mr.
Justice Charles Henry Donahue will be held in the full bench courtroom
of the Supreme Judicial Court.
New Dues Schedule
Alt the meeting of the Council February 4, 1954, it was voted to increase
the dues (following study and report by a special committee) in accord-
ance with the following'schedule:
Class
Old
New
Senior Class (over 10 years)
$15.00
$20.00
Five to Ten-year Class
8.00
10.00
Three to Five-year Class
4.00
5.00
Less than Three-year Class
2.00
2.50
Associate
5.00
7.00
005-2
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