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6. Publications

Among the publications of the Commission are the following:

(a) Report of Elliot H. Goodwin, upon Uniformity of Regulations for Commercial Travelers and Their Samples in the American Republics.

(b) Report of Paul Fuller, and Harry Van Dyke, on the Conditions Imposed by Latin-American Republics upon Foreign Companies Doing Business Within Their Jurisdictions.

(c) Report of Phanor J. Eder, on Uniformity of Laws of Bills of Exchange.

(d) Message from the President of the United States, transmitting a Report of the United States Section of the International High Commission on the First General Meeting of the Commission, held at Buenos Aires, April 3-12, 1916.

(e) Report of Prof. Joseph French Johnson, upon the Establishment of a Gold Standard of Value in the Republics of the American Continent.

(f) Committee Reports and Resolutions Adopted at the First General Meeting, held in Buenos Aires, in April, 1916.

(g) Informe Preliminar Sobre La Unificacion Del Derecho Relativo Al Cheque En Las Naciones Americanas.

(h) Addresses delivered on the occasions of the formal transfer of the chairmanship of the commission by Hon. W. G. McAdoo to Hon. Carter Glass.

(i) The Convention Providing for the Establishment of an International Gold Clearance Fund.

(j) Convention Concerning Commercial Travelers.
(k) Report of Dr. L. S. Rowe to Hon. W. G. McAdoo.

(1) Report of the Secretary of the Treasury to the President on the Second Pan-American Financial Conference at Washington, January 19-24, 1920.

(m) Estadisticas De Importacion y Exportacion de los Estados Unidos de Venezuela en 1918.

(n) Memoria Sobre Aceptaciones Bancarias y Comerciales.

(o) Informe Preliminar Sobre La Uniformidad del Derecho Relativo a Ventas Condicionales en las Naciones Americanas.

(p) Program of Activities of the Inter American High Commission October 22, 1923 (Programa de Actividades de la Alta Comision Interamericana 22 de Octubre de 1923).

(9) Convention for the Protection of Commercial, Industrial, and Agricultural Trade-Marks and Commercial Names (Signed in Santiago, Chile, April 28, 1923); Convencion Para la Proteccion de Marcas de Fabrica, Comercio y Agricultura y Nombres Comerciales (Firmada en Santiago de Chile, el 28 de Abril de 1923); Convencao Para a Proteccao das Marcas de Fabrica, Commercio e Agricultura e dos Nomes Commerciaes (Assignada em Santiago de Chile o 28 de Abril de 1923); Convention Pour la Protection des Marques de Fabrique, Commerce et Agriculture et Designations Commerciales (Signee a Santiago du Chile le 28 d'Avril de 1923).

(r) Inter-American High Commission, United States Section (Alta Commision Interamericana, Seccion de los Estados Unidos); Reports of the Secretary. Informes Presentados por el Secretario, en los Dias 10 de Enero y 22 de Octubre

y de 1923.

(s) Report Regarding the Laws Governing Stock Corporations on the American Continent.

CHAPTER 85

AMERICAN-BRITISH CLAIMS ARBITRATION

1. Mission

The Mission of the American and British Arbitration Tribunal is to settle by arbitration such claims as the United States and Great Britain have submitted thereto. 1

2. History

The Special Agreement for the submission to arbitration of pecuniary claims outstanding between the United States and Great Britain was based upon the Convention of October 18, 1907, between the same signatories, for the pacific settlement of international disputes, in aocordance with the practice that these two countries have adopted since the conclusion of the Jay Treaty of 1794.

Like the Arbitration created by the Convention of 1853, only private claims are presented; i. e., claims of individuals are presented as the claims of the respective government in behalf of its national.

According to the terms of the Agreement it became effective in 1912. The first claim was filed August 19 of that year. The Arbitration held its first session in Washington in 1913.

The World War necessitated a suspension of the Arbitration's sessions, which were not revived until 1922. A session was held in London in 1923.

As the Arbitration is now concluding its labors, it need not be further described here. 3. Organization of the Tribunal

(a) The Arbitral Tribunal is constituted by article 3 of the Agreement in accordance with articles 87 (chapter IV) and 59 (chapter III) of the Convention of 1907, which provide as follows:

"Each of the parties in dispute appoints an arbitrator. The two arbitrators thus selected choose an umpire. If they do not agree on this point, each of them proposes two candidates taken from the general list of the members of the Permanent Court, exclusive of the members appointed by either of the parties and not being nationals of either of them; which of the candidates thus proposed shall be the umpire is determined by lot.

"The umpire presides over the tribunal, which gives its decisions by a majority of votes.

"Should one of the arbitrators either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him."

(b) Each of the arbitral parties is represented by an "Agent and Counsel,” and a

(c) Secretary, the two Secretaries acting as joint secretaries of the Tribunal and subject to its direction.

1 Article 1, Special Agreement between the United States and Great Britain, approved by the Senate July 19, 1911, and confirmed by exchange of notes April 26, 1912; Treaty Series No. 573.

CHAPTER 86

MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY

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1. Mission

Pursuant to the terms of the Agreement between the United States and Germany, dated August 10, 1922, this commission was empowered to pass upon claims of the United States and American nationals against Germany and German nationals arising out of the World War. Such claims are of the following categories, defined in the Treaty of August 25, 1921,- and in the Treaty of Versailles :

"(1) Claims of American citizens, arising since July 31, 1914, in respect of damage to, or seizure of, their property, rights and interests, including any company or association in which they are interested, within German territory as it existed on August 1, 1914;

“(2) Other claims for loss or damage to which the United States or its nationals have been subjected with respect to injuries to persons, or to property, rights and interests, including any company or association in which American nationals are interested, since July 31, 1914, as a consequence of the war;

"(3) Debts owing to American citizens by the German government or by German nationals.” 2. Time for Filing Claims Expired

The time within which claims might be filed for the consideration of this commission expired April 8, 1923. Its labors are therefore now nearing completion, and no practical purpose would be served by further describing it.3 3. Organization

The organization is similar to that of the General Claims Commission, United States and Mexico (chapter 87), substituting "German" for "Mexican.”

142 Stat. part 2, p. 2200. 2 42 Stat. part 2, p. 1939.

3 Its leading decisions are presented in “Preparation of International Claims,” Thorpe. 1924.

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CHAPTER 87

GENERAL CLAIMS COMMISSION, UNITED STATES AND MEXICO

1. Mission

According to the terms of the Convention between the United States and Mexico, signed September 8, 1923,1 the purpose of this commission is to settle and adjust amicably claims by the citizens of each country against the other arising since July 4, 1868 (except those incident to recent revolutions in Mexico, which excepted claims are provided for by a Special Claims Commission, q. v., post). Such submission is more specifically defined as follows:

All claims (except those arising from acts incident to the recent revolutions) against Mexico of citizens of the United States, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties, and all claims against the United States of America by citizens of Mexico, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties; all claims for losses or damages suffered by citizens of either country by reason of losses or damages suffered by any corporation, company, association or partnership in which such citizens have or have had a substantial and bona fide interest, provided an allotment to the claimant by the corporation, company, association or partnership of his proportion of the loss or damage suffered is presented by the claimant to the commission hereinafter referred to; and all claims for losses or damages originating from acts of officials or others acting for either Government and resulting in injustice, and which claims may have been presented to either government for its interposition with the other since the signing of the Claims Convention concluded between the two countries July 4, 1868, and which have remained unsettled, as well as any other such claims which may be filed by either government within the time hereinafter specified, shall be submitted to a commission consisting of three members for decision in accordance with the principles of international law, justice and equity. 2. History

The commission had its first meeting in Washington on August 30, 1924. It held another meeting in the Pan-American Union Building in Washington on June 1, 1925. 3. Rules and Regulations of the Commission 3

I. Place and Time of Hearings.—1. The Office of the commission shall be maintained at the city of Washington, where its records shall be kept.

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1 Ratifications exchanged at Washington March 1, 1924, proclaimed by the President March 3, 1924. Treaty Series No. 678.

The operation of this commission is tersely discussed in the North American Review, September, 1924, pp. 51-62, "The Mexican Problem Solved."

2 Article I, Convention of September 8, 1923. 3 Established September 4, 1924.

2. The time and place of meetings shall be fixed by orders of the commission.

II. Dockets and Records.—1. A duplicate docket shall be provided, one to be kept by each of the two secretaries in his own language, in which shall be promptly entered the name of each claimant and the amount claimed when the claim is formally filed with the commission, and in which shall be recorded all the proceedings had in relation thereto.

2. Each claim shall constitute a separate case before the commission and be docketed as such. Claims shall be numbered consecutively, beginning with tha: first filed as No. 1.

3. A duplicate minute book shall be kept in like manner by the secretaries in which shall be entered a chronological record of all proceedings of the commission. The minute book shall at each sitting of the commission be signed by the commissioners and countersigned by the secretaries.

4. Such additional records shall be kept by the secretaries as shall be required by these rules or prescribed from time to time by the commission.

III. Filing and Docketing of Claims.-1. All claims must be filed by the respective governments through or in the name of the agents thereof.

2. A claim shall be deemed to have been formally filed with the commission

(a) Upon there being presented to the secretaries a memorandum or statement, in duplicate, one in English and one in Spanish, countersigned or signed by the agent of the United States or of Mexico, as the case may be, or in the name of such agent by an assistant agent or counsel duly qualified before this commission, setting forth as to each claim contained in said memorandum or statement the name of the claimant, a brief statement of the nature of the claim and the amount thereof;

or

(b) Upon there being presented to the secretaries (without such preliminary memorandum or statement) by the agent of the United States or of Mexico, as the case may be, or in the name of such agent by an assistant agent or counsel duly qualified before this commission, a memorial in duplicate, one in English and the other in Spanish, conforming to these rules and executed and verified as hereinafter provided, accompanied by copies of all documents and other proofs in support of the claim then in possession of the agent of the government filing the same. Documents and proofs may be filed in the language of the claimant, subject to the further orders of the commission.

3. Upon receipt of the memorandum or statement mentioned in clause (a) of section 2 hereof, or of the memorial mentioned in clause (b), an indorsement of filing, with the date thereof, shall be made thereon and signed by the secretaries, and the claim shall be immediately docketed under the appropriate number.

4. At any time after August 30, 1925, on motion of the agent of either government, the commission, for good cause shown, will fix a time as short as may be reasonable for presenting memorials as to claims filed as provided in clause (a) of section 2 hereof then pending and as to which memorials have not thereto fore been presented.

5. Any claim for loss or damage accruing prior to September 8, 1923, shall be filed with the commission either in the manner mentioned in clause (a) or in clause (b) of section 2 hereof, before the 30th day of August, 1925, unless in any case reasons for the delay satisfactory to the majority of the commissioners shall

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