Monday, Feb. 18, 1929

"Papa Friedrich Preferred"

With $125,000,000 at stake on the interpretation of a single adjective, the Treaty of Trianon was profoundly studied, at The Hague last week, by jurists of the Czechoslovak-Hungarian mixed arbitral tribunal. The Treaty provides that the Republic of Czechoslovakia may confiscate, within its borders, all estates and properties belonging to persons whose families are covered by the $125,000,000 adjective.

Unfortunately the adjective is actually two adjectives, one in the English text of the Treaty of Trianon, and the other in the supposedly identical French text. The adjective is "royal," and it is also "regnant," which most scholars would translate "ruling," not "royal."

Now if a person could be found whose family had been royal but not regnant, he might shrewdly claim that his estates in Czechoslovakia ought not to have been confiscated. He could point triumphantly to a clause in the Treaty which says that, in case of dispute, the French text shall prevail. Such a person is the Archduke Friedrich, onetime Austro-Hungarian Feldmarschall, beloved as "Papa Fried-rich," and now resident in that hotbed of royalists, Budapest. It was "Papa Friedrich's" $125,000,000 estates (long since confiscated by Czechoslovakia) which were being wrangled over at The Hague.

The Archduke's lawyers argued that his personal family was never "regnant." It was "royal," since he was a cousin of Emperor Franz Joseph, but not "regnant" positively not "regnant." Therefore his estates should never have been confiscated, must be promptly returned.

Attorneys arguing for the Czechoslovak Republic brushed aside any distinction between "royal" and "regnant." Was a case involving $125,000,000 to be decided by the splitting of a hair? Besides everyone knows that "Papa Friedrich's" son, the Archduke Albrecht (TIME, Nov. 29, 1926), is one of several pretenders to the vacant Throne of Hungary. How preposterous, then, is any claim that the Archducal estates should not have been confiscated!

As the Arbitral Justices retired to deliberate, last week, there was suspense even in Manhattan. For Chairman of the Board Charles H. Sabin of the Guaranty Trust Co. is well known to have advanced some of his privy cash to "Papa Friedrich," years ago, on the sporting security of the Archduke's claim to be non-regnant. The late Frank A. Munsey also took a little flier in what might be called "Papa Friedrich Preferred."

Finally last week the decision of the Tribunal was made known. Czechoslovakia must "compensate" Archduke Friedrich, but the amount of compensation must be separately adjudged. Cheered by this foretaste of victory, the old Feldmar-schall's lawyers will battle on.