cation to the Secretary of the Custodian, Arlington Building, Vermont Ave., and H St., Washington, D. C. 7. Fees of Attorneys The office of the Alien Property Custodian does not keep a register of attorneys, but the amended Trading with the Enemy Act contains the following provision: "That no money or other property shall be paid, conveyed, transferred, assigned, or delivered under this act to any agent, attorney, or representative of any person entitled thereto, unless satisfactory evidence is furnished the President or the court, as the case may be, that the fee of such agent, attorney, or representative for services in connection therewith does not exceed 3 per centum of the value of such money or other property; but nothing in this section shall be construed as fixing such fees at 3 per centum of the value of such money or other property, such 3 per centum being fixed only as the maximum fee that may be allowed or accepted for such services. Any person accepting any fee in excess of such 3 per centum shall, upon conviction thereof, be punished as provided in section 16 hereof."11 The constitutionality of acts limiting fees of attorneys for professional services rendered for claimants against the government has been raised in several cases. The limitation has been sustained even where the contract for such services was made prior to the passage of the statute.12 A provision in the contract purporting to give a lien upon any warrant that may be issued in settlement of the claim against the government or an assignment or transfer of any part of the claim made before its allowance is void.13 11 Act March 4, 1923 (42 Stat. 1515). 12 Black v. O'Hara's Adm'r, 175 Ky. 623, 194 S. W. 811; Taylor v. Bemiss, 110 U. S. 42, 3 S. Ct. 441, 28 L. Ed. 64; Ball v. Halsell, 161 U. S. 72, 16 S. Ct. 554, 40 L. Ed. 622; Calhoun v. Massie, 253 U. S. 170, 40 S. Ct. 474, 64 L. Ed. 843. 13 R. S. § 3477 (Comp. St. § 6383). 645 1. Mission CHAPTER 60 UNITED STATES TARIFF COMMISSION It is the duty of the United States Tariff Commission to investigate the administration and fiscal and industrial effects of the customs laws of this country now in force, or which may be hereafter enacted; the relations between the rates of duty on raw materials and finished or partly finished products; the effects of ad valorem and specific duties and of compound specific and ad valorem duties; all questions relative to the arrangement of schedules and classification of articles in the several schedules of the customs laws, including their relation to the federal revenues and their effect upon the industries and labor of the country; to place at the disposal of the President of the United States, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, whenever requested, all information at its command; and to make such investigations and reports as may be requested by the President, or by either of said committees, or by either branch of the Congress, and to report to Congress on the first Monday of December of each year hereafter a statement of the methods adopted and all expenses incurred, and a summary of all reports made during the year.1 2. History The United States Tariff Commission, composed of six members, appointed by the President, by and with the advice and consent of the Senate, was created in 1916.2 Upon organization of the commission, the Cost and Production Division was transferred from the Bureau of Foreign and Domestic Commerce in the Department of Commerce to the commission. 3. Activities; Investigates Tariff Relations The commission has power to investigate the tariff relations between the United States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation. rates, the volume of importations compared with domestic production and consumption, and conditions, causes, and effects relating to competition of foreign industries with those of the United States, including dumping and cost of production.3 4. Same; Investigates Differences in Production Costs, Foreign and Domestic Section 315 of title III of the Tariff Act of September 21, 1922 (42 Stat. 858), provides that the commission shall make, under such reasonable procedure, rules, 1 Title 7, Revenue Act Sept. 8, 1916 (39 Stat. 756) §§ 702, 703 (Comp. St. §§ 5326c, 5326d). 2 Title 7, Revenue Act Sept. 8, 1916 (39 Stat. 795) § 700 (Comp. St. § 5326a). 3 Title 7, Revenue Act Sept. 8, 1916 (39 Stat. 796) § 764 (Comp. St. § 5326e). and regulations as it may deem necessary, investigations to assist the President in ascertaining the differences in costs of production in the United States and in foreign countries of articles covered by the dutiable schedules of the tariff act. The findings of the commission as the results of such investigations shall be reported to the President, who is authorized, when he finds that such differences. are not equalized by the rates of duties prescribed, to determine and proclaim such changes in classification, or increases or decreases of duties, within a limitation of 50 per cent. thereof, as will effectuate such equalization. When the President shall find, however, that such proceeding will not equalize the said differences in costs of production, he is authorized to direct that ad valorem duties upon the articles covered by such findings shall be based upon the American selling price thereof as defined in section 402 of the act. Ascertainment of such differences in costs of production shall take into consideration differences in wages, costs of materials, and other items in costs; differences in wholesale selling prices of domestic and foreign articles in the principal American markets; advantages given foreign producers by foreign governments or others; and any other advantages or disadvantages in competition. Section 318 of the Tariff Act approved September 21, 1922, provides that, in addition to the duties previously imposed upon it by law, the commission shall ascertain conversion costs and costs of production of articles in the principal growing, producing, or manufacturing centers of the United States, whenever in the opinion of the commission it is practicable, and shall ascertain such costs in foreign countries whenever in the opinion of the commission such costs are necessary for comparison with the costs in the United States and can be reasonably ascertained. The commission is also directed to describe and keep on file samples of imported articles and articles of the United States which are comparable; to ascertain the import costs of such foreign articles, and the selling prices in the United States of such articles of the United States, and to ascertain all other facts affecting competition between domestic and imported articles in the principal markets of the United States. This section authorizes the commission to establish and maintain an office at the port of New York for executing any of its functions, and authorizes the commission to adopt an official seal which shall be judicially noticed. 5. Same; Investigates Unfair Competition and Importation Methods The commission is authorized under section 316 to investigate unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale after importation. When the findings and recommendations of the commission, upon its investigation of such acts, justify the President in doing so, he is authorized to determine and assess additional duties within. prescribed limits upon articles covered by such findings or, in extreme cases, to exclude such articles from entry into the United States, such additional duties or refusal of entry to remain in effect until otherwise ordered by the President. The testimony in every investigation under the provisions of this section is required to be reduced to writing, and with the findings of the commission constitutes the official record in each case. A copy of the findings is required to be II. Agricultural Loan Agencies: (a) Atlanta, Ga., Federal Reserve Bank Building. (b) Boise, Idaho, 205 McCarthy Building. (c) Cheyenne, Wyo., 212 First National Bank Building. (d) Chicago, Ill., 9 South La Salle St. (e) Denver, Colo., 602 Ideal Building. (f) Des Moines, Iowa, Central State Bank Building. (g) Fort Worth, Tex., Burk-Burnett Building. (h) Helena, Mont., 30 West Sixth Ave. (i) Kansas City, Mo., Live Stock Exchange Building. (j) Milwaukee, Wis. (k) Minneapolis, Minn., 100 North Seventh St. (1) Oklahoma City, Okla., 526 Liberty National Bank Building. (n) Portland, Or., 411 Spalding Building. (0) Santa Fe, N. M., 201–202 Gallisteo Building. (p) St. Louis, Mo., 315 Pine St. (q) Spokane, Wash., 427 Hutton Building. 4. Publications Annual Report of the War Finance Corporation. Government Printing Office, Washington, D. C. 640 CHAPTER 59 ALIEN PROPERTY CUSTODIAN 1. Origin and Mission Under the provisions of the Trading with the Enemy Act,1 the President was authorized to appoint an Alien Property Custodian empowered to receive all the moneys and property in the United States due or belonging to an enemy or ally of an enemy, which may be paid, conveyed, transferred, assigned, or delivered to the said custodian under the provisions of the act, and to hold, administer, and account for the same under the general direction of the President and as provided in the act. The purpose was the seizure of enemy property to prevent its use in any way to aid the Germanic allied governments or people during the World War. 2. History By the terms of the act broad powers were' given to the President which he delegated to the Alien Property Custodian, Attorney General, Secretary of State, and other officials. By Executive Order of October 12, 1917, the President vested in the Alien Property Custodian executive administration of all the provisions of section 7 (a), section 7 (c), and section 7 (d) of the Trading with the Enemy Act, including all power and authority to require lists and reports, and to extend the time for filing the same, conferred upon the President by the provisions of said section 7 (a), and including the power and authority conferred upon the President by the provisions of said section 7 (c), to require the conveyance, transfer, assignment, delivery or payment to himself, at such time and in such manner as he shall prescribe, of any money or other properties owing to or belonging to or held for, by or on account of, or on behalf of, or for the benefit of any enemy or ally of an enemy, not holding a license granted under the provisions of the Trading with the Enemy Act, which, after investigation, said Alien Property Custodian shall determine is so owing, or so belongs, or is so held. He further vested in that official the executive administration of all the provisions of section 8 (a), section 8 (b), and section 9 of the Trading with the Enemy Act, so far as said sections relate to the powers and duties of said Alien Property Custodian. By Executive Order of the 29th of the month and year aforesaid, the President vested in the Alien Property Custodian the executive administration of the provisions of section 12 of the act pertaining to the designation of a depositary or depositaries and requiring all such designated depositaries to execute and file bond and prescribing the form, amount, and security thereof. By Executive Order of January 26, 1918, the President prescribed rules and regu 1 Act Oct. 6, 1917 (40 Stat. 411 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 31152a31151⁄2j]), amended by Act March 28, 1918 (40 Stat. 459). 2 Trading with the Enemy Act and Amendments Thereto, Together with Proclamations, pp. 26, 27, etc. Government Printing Office, Washington. |