Note to X, 304- -Continued "Period of belligerency: the period between April 6, 1917, and July 2, 1921, both inclusive, the former date being that on which the joint resolution declaring a state of war to exist between Germany and the United States became effective". This commission had functions, so far as they were adopted by the United States, which in the treaty of peace were assigned to 1. The Reparation Commission (art. 231-244 and annexes); 2. The Clearing Offices (art. 296 and annex); 3. The Mixed Arbitral Tribunal (art. 304 and annex); 4. The Arbitrator (part X, sec. IV, annex, par. 4). From the commission's jurisdiction there were excepted claims included under the treaty of peace of three categories (Mixed Claims Commission, United States and Germany, Administrative Decision No. 1): "There are expressly excepted from this decision (1) claims of the United States as such against Germany, (2) claims based on debts owing to American nationals by Germany or by German nationals, and (3) claims arising out of the application of either exceptional war measures or measures of transfer as defined in paragraph 3 of the Annex to Section IV of Part X of the Treaty of Versailles." The financial obligations of Germany to the United States arising from the treaty of August 25, 1921 restoring friendly relations put forward by the United States on behalf of its nationals pursuant to the agreement of August 10, 1922 embraced (Mixed Claims Commission, United States and Germany, Administrative Decision No. 1): "(A) all losses, damages, or injuries to them, including losses, damages, or injuries to their property wherever situated, suffered directly or indirectly during the war period, caused by acts of Germany or her agents in the prosecution of the war, provided, however, that during the period of belligerency damages with respect to injuries to and death of persons, other than prisoners of war, shall be limited to injuries to and death of civilians; and also "(B) all damages suffered by American nationals during the period of belligerency caused by: "(1) Germany through any kind of maltreatment of prisoners of war; "(2) Germany or her allies and falling within the following cate gories: "(a) damage wherever arising to civilian victims of acts of cruelty, violence, or maltreatment (including injuries Note to X, 304—Continued to life or health as a consequence of imprisonment, deportation, internment, or evacuation, of exposure at sea, or of being forced to labor), and to the surviving dependents of such victims; “(b) damage, in territory of Germany or her allies or in occupied or invaded territory, to civilian victims of all acts injurious to health or capacity of work, or to honor, and to the surviving dependents of such victims; "(c) damage to civilians by being forced to labor without “(d) damage in the form of levies, fines, and other similar “(3) Any belligerent and falling within the following categories: "(a) damage directly in consequence of hostilities or of any operations of war in respect of all property (with the exception of naval and military works or materials) wherever situated; "(b) damage wherever arising to injured persons and to surviving dependents by personal injury to or death of civilians caused by acts of war, including bombardments or other attacks on land, on sea, or from the air, and all the direct consequences thereof, and of all operations of war." Altogether 20,434 claims were submitted to the commission and 7025 items of award were made, 4 of which were on behalf of the United States and the rest on behalf of private claimants. The Settlement of War Claims Act, approved March 10, 1928 (45 Stat. 254), provided for the domestic payment of the awards, which bore interest according to their terms up to January 1, 1928 and thereafter at 5 percent per annum. Up to March 31, 1941 the Treasury had paid out principal and interest on private awards amounting to $158,599,739.22 and the balance due them was $96,673,460.34. The 4 awards to the Government of the United States were of a principal amount of about $42,000,000, or $59,800,000 with interest up to March 31, 1941; payment was deferred until the private claims Note to X, 304—Continued are liquidated. The corresponding recovery from Germany up to July 1, 1941 amounted to $53,396,763.57. This sum was derived from the annuities of the Experts' (Dawes) Plan in virtue of article 3, A, of the Finance Ministers' Agreement with Germany of January 14, 1925 and the debt agreement with Germany of June 23, 1930, under which no payments were made after September 30, 1931. An agreement (Treaty Series 730; 44 Stat. 2213) between the United States and Austria and Hungary was signed at Washington, November 26, 1924 for the determination of the amounts to be paid by Austria and by Hungary in satisfaction of their obligations under the treaties concluded on August 24 and 29, 1921, respectively, with Austria and Hungary by the United States establishing friendly relations (Treaty Series 659 and 660; 42 Stat. 1946 and 1951). The agreement, which entered into force on December 12, 1925, established the Tripartite Claims Commission (United States, Austria, and Hungary) which performed functions similar to the Mixed Claims Commission, United States and Germany. Claims aggregating 1631 were filed. The Settlement of War Claims Act of 1928, approved March 10, 1928 (45 Stat. 254), provides the national procedure for paying the claims involving Germany, Austria, and Hungary. ANNEX. Should one of the members of the Tribunal either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him. 2. The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence. 3. The agent and counsel of the parties on each side are authorized to present orally and in writing to the Tribunal arguments in support or in defence of each case. 4. The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such proceedings. 5. Each of the Powers concerned may appoint a secretary. These secretaries shall act together as joint secretaries of the Tribunal and shall be subject to its direction. The Tribunal may appoint and employ any other necessary officer or officers to assist in the performance of its duties. 6. The Tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the -parties concerned. 7. Germany agrees to give the Tribunal all facilities and information required by it for carrying out its investigations. 8. The language in which the proceedings shall be conducted shall, unless otherwise agreed, be English, French, Italian or Japanese, as may be determined by the Allied or Associated Power concerned. Text of May 7: The language in which the proceedings shall be conducted shall be determined by the Allied or Associated Power concerned. 9. The place and time for the meetings of each Tribunal shall be determined by the President of the Tribunal. Text of May 7: The place and time for the meetings of each Tribunal shall be determined by the Allied or Associated Power concerned. Note to X, 304, Annex The mixed arbitral tribunals ceased to exist by mutual agreement about 1932. Typically, the Anglo-German Mixed Arbitral Tribunal was provisionally dissolved as from February 7, 1932 by an agreement signed at London July 26, 1932 (United Kingdom, 12th Annual Note to X, 304, Annex-Continued Report of the Controller of the Clearing Office, p. 20). An exchange of notes with the agreement recorded the understandings. (a) "that the right to call for the reconstitution of the Tribunal is limited to cases involving claims arising under the Articles of the Treaty of Versailles specifically mentioned in the Agreement, i.e., Articles 304 (b) and 305, and it is only cases arising under these Articles of the Treaty that the Tribunal, when reconstituted, shall have jurisdiction to decide in accordance with the provisions of the Treaty"; and (b) "that it shall be a matter for discussion between the German Government and His Majesty's Government in the United Kingdom, should the reconstitution of the Tribunal be required by either Government, whether and, if so, to what extent, the expense involved in the reconstitution shall be borne by the parties concerned in the case or cases in respect of which the reconstitution of the Tribunal is desired." ARTICLE 305. Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the German court. Text of May 7: Whenever a competent Tribunal has given or gives a decision in a case covered by Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the German Court. SECTION VII.-Industrial Property. Note to X, sec. VII While the restoration of rights of industrial, literary, and artistic property was welcomed, the German delegation complained that |