The FBI and the Missing Tesla Papers Page 460

Nations" of Sava Kosanovich and another nephew, Nicholas Trbjevich (changed to Terbo).

During the same days, D. E. Foxworth (1/8/1943), the Assistant Director of the FBI, who received this memorandum from agent Cornels, assured those concerned that "this matter would be properly handled," that Tesla's "nephew, who is his heir," would not be able to send the papers to "the Axis Powers." On the 11th, another FBI agent, T. J. Donegan, brought up the possibility that the New York district attorney could have Kosanovich and Swezey picked up "discretely on a burglary charge"; however, this was not done. Three days later, Donegan (1/14/1943) sent another memorandum, no doubt, read by Hoover, which stated that the situation "was being handled as an enemy custodian matter and therefore we should take no further action."

Office of Alien Property (OAP). This actually appears to be what happened: the FBI attempted to remove themselves from the responsibility in the Tesla case thereby allowing the Office of Alien Property to take charge. Nevertheless, because of the FBI's initial involvement, numerous people contacted them through the years in attempts to gain access to the Tesla papers. The OAP questioned the legality of their own jurisdiction as Tesla was a naturalized citizen. However, as Kosanovich was probably legally entitled to his uncle's estate, the OAP had some justification in considering the material as alien property. That probably was their rationale, as one way or another, they maintained jurisdiction over the papers for a full decade. Naturally, both real and imagined concerns involving the war situation were also key factors influencing what on the surface appears to be an illegal procedure. The Germans still controlled a large proportion of Europe and the outcome was by no means determined in January, 1943. Further, rumors that the enemy was developing an ultimate weapon were also well founded.

Walter Gorsuch, Alien Property Custodian, thereupon ordered all of Tesla's trunks in the basement of the Hotel New Yorker, the papers in his apartment and the device at the Hotel Governor Clinton to be sent to the Manhattan Warehouse (on 52nd St) where other containers of Tesla's work were stored. Cheney (1981) states that Fitzgerald accompanied Gorsuch in this task (p. 273). It appears that the FBI (or the OAP) also confiscated papers held by O'Neill (Cheney, p. 270) and probably also took them to the warehouse.