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Citation: 45 Stat. 1927-1929

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SEVENTIETH CONGRESS. SESS. I. CHs. 166, 167. 1928.March 9, 1928. CHAP. 166.-An Act To provide for the survey, appraisal, and sale of th eI1. R. No. 9842.] undisposed lots in the town site of Saint Marks, Florida.

[Public, No. 121.]

Be it enaxcted by the Senate and House of Representatives of thePublic lands. United States of America in Congress assembled, That the Secre-Town site of SaintMarks, Fla., to be sur- tary of the Interior may cause all public lands within the Govern-veyed into lots, etc. ment town site of Saint Marks, situated in sections 2, 3, 10, and 11,township 4 south, range 1 east, Tallahassee meridian, Florida,established by the Act of March 2, 1833 (Fourth Statutes, page 664),to be surveyed into lots, blocks, streets, and alleys as he may deemAppraisal. proper and when the survey is completed cause said lots to beappraised by three competent and disinterested persons appointedby him and report their proceedings to him for action thereon. Ifsuch appraisement be disapproved the Secretary of the Interiorshall again cause the said larids to be appraised as before provided;

Sale fo r cash to high- and when the appraisal has been approved he shall cause the said lotssaltbidder at public to be sold at public sale to the highest bidder for cash at not lessthan the appraised value thereof, first having given sixty days'public notice of the time, place, and terms of the sale immediatelyprior thereto by publication in at least one newspaper having ageneral circulation in the vicinity of the land and in such otherDisposal of unsold newspapers as he may deem advisable; and any lots remaining unsoldlots. may be reoffered for sale at any subsequent time in the same mannerat the discretion of the Secretary of the Interior, and if not sold atsuch second offering for want of bidders, then the Secretary of theInterior may sell the same at private sale for cash at not less than thePreisos. appraised value thereof: Provided, That the square embracing theCemetery for town. lands now being used as a burying ground be set aside as a cemeterySelection by munici- for the use of the town of Saint Marks, Florida: Provided further,pality for public park. That the municipality of Saint Marks, Florida, shall have a right

for ninety days subsequent to the filing of the plat of survey ofsaid town site to select and receive patent to any two blocks desiredfor public park purposes, not exceeding five and five tenths acres inarea.Approved, March 9, 1928.

March 10.1925. CHAP. 167.-An Act To provide for the settlement of certain claims of[H. R. 7201.] American nationals against Germany, Austria, and Hungary, and of nationals of[Public, No. 122.1 Germany, Austria, and Hungary, against the United States, and for the ultimatereturn of all property held by the Alien Property Custodian.Be it enaeted by the Senate and House of Representatives of theSettlement of war United States of America inCongressassembled,That this Act may

Claims Act of M. be cited as the "Settlement of War Claims Act of 1928."Claims of Americansagainst Germany. CLAIMS OF NATIONALS OF THE UNITED STATES AGAINST GERMANYAwards of MixedClaims Commission to SEC. 2. (a) The Secretary of State shall, from time to time, certifybe certified to Secetary to the Secretary of the Treasury the awards of the Mixed Claims

of the Treasury. Commission, United States and Germany, established in pursuanceVol. 42, p.2200. of the agreement of August 10, 1922, between the United States andGermany (referred to in this Act as the "Mixed Claims Com-

Payment thereof,").with interest. (b ) The Secretary of the Treasury is authorized and directed topay an amount equal to the principal of each award so certified,plus the interest thereon, in accordance with the award, accruing

before January 1, 1928.upon unpaid awards. (c) The Secretary of the Treasury is authorized and directed topay annually (as nearly as may be) simple interest, at the rate of

254

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SEVENTIETH CONGRESS. SEss. I. Cn. 167. 1928. 2555 per centum per annum, upon the amounts payable under subsection(b) and remaining unpaid, beginning January 1, 1928, until paid.

(d) The payments authorized by subsection (b) or (c) shall be man special depositmade in accordance with such regulations as the Secretary of the uiispd.Treasury may prescribe, but only out of the German special depositaccount created by section 4, within the limitations hereinafter pre- Post, 20 .scribed, and in the order of priority provided in subsection (c) ofsection 4.(e) There shall be deducted from the amount of each payment, dJ ensos to be de.as reimbursement for the expenses incurred by the United States inrespect thereof, an amount equal to one-half of 1 per centum thereof.The amount so deducted shall be deposited in the Treasury as mis- Not considered incellaneous receipts. In computing the amounts payable under sub- computing awards.section (c) of section 4 (establishing the priority of payments) thefact that such deduction is required to be made from the paymentwhen computed or that such deduction has been made from priorpayments, shall be disregarded.(f) The amounts awarded to the United States in respect of claims Stclaimseud ntedof the United States on its own behalf shall not be payable underthis section.(g) No payment shall be made under this section unless application imepitions ak.therefor is made, within two years after the date of the enactmentof this Act, in accordance with such regulations as the Secretaryof the Treasury may prescribe. Payment shall be made only to the Payments authorized.person on behalf of whom the award was made, except that- To legal representa-(1) If such person is deceased or is under a legal disability, pay- tive of deceased, etc.,ment shall be made to his legal representative, except that if the person.payment is not over $500 it may be made to the persons found bythe Secretary of the Treasury to be entitled thereto, without the neces-sity of compliance with the requirements of law in respect of theadministration of estates; To terminated part.(2) In the case of a partnership, association, or corporation, the nerships, etc.existence of which has been terminated, payment shall be made,except as provided in paragraphs (3) and (4), to the persons foundby the Secretary of the Treasury to be entitled thereto;(3) If a receiver or trustee for the person on behalf of whom Woreceiverortrnstee.the award was made has been duly appointed by a court in theUnited States and has not been discharged prior to the date of pay-ment, payment shall be made to the receiver or trustee or in accordancewith the order of the court; and To assignee of an(4) In the case of an assignment of an award, or an assignment award.(prior to the making of the award) of the claim in respect of whichthe award was made, by a receiver or trustee for any such person,duly appointed bv a court in the United States, such payment shallbe made to the assignee. Payment of awards(h) Nothing in this section shall be construed as the assumption by United States, not&I costrud asthe.as-of a liability by the United States for the payment of the awards sumptionofa liability.of the Mixed Claims Commission, nor shall any payment under thissection be construed as the satisfaction, in whole or in part, of anyof such awards, or as extinguishing or diminishing the liability ofGermany for the satisfaction in full of such awards, but shall beconsidered only as an advance by the United States until all the pay-ments from Germany in satisfaction of the awards have been received. Rights held as as-Upon any payment under this section of an amount in respect of an signed to United Statesand to be enforcedaward, tle ri ,'hts in respect of the award and of the claim in respect against Germany.of which the award was made shall be held to have been assignedpro tanto to the United States, to be enforced by and on behalf of theUnited States against Germany, in the same manner and to the sameextent as such rights would be enforced on behalf of the Americannational.

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256 SEVENTIETH CONGRESS. SEss. I. Cn. 167. 1928.Conasentoappcnts (i) Any person who makes application for payment under thissection shall be held to have consented to all the provisions of thisAct.Agreement with Ger- (j) The President is rto enter into an ag'eement withmany requested to T requestedtend Claims commis- the German Government by which the Mixed Claims Commissionsion to July 1, 1928.Pest, p. 2698. will be given jurisdiction of and authorized to decide claims of thesame character as those of which the commission now has jurisdiction,notice of which is filed with the Department of State before July 1,Awards to be cer- 1928. If such agreement is entered into before January 1, 1929,tifed, awards in respect of such claims shall be certified under subsectionA te, p. 254. (a ) and shall be in all other respects subject to the provisions of this

section.German claims CLAIMS OF GERMAN NATIONALS AGAINST UNITED STATESagainst United States.German War Claims SEC. 3. (a) There shall be a War Claims Arbiter (hereinafterArbiter to be ap-referred to as the "Arbiter" who shall be appointed by the

President, by and with the advice and consent of the Senate, withoutregard to any provision of law prohibiting the holding of more thanSalary. one office. The Arbiter, notwithstanding any other provision of law,shall receive a salary to be fixed by the President in an amount, ifany, which if added to any other salary will make his total salaryfrom the United States not in excess of $15,000 a year.Claims for compen- (b ) It shall be the duty of the Arbiter, within the limitationssation to be deter-mined by Arbiter. hereinafter prescribed, to hear the claims of any German national(as hereinafter defined), and to determine the fair compensation tobe paid by the United States, in respect of-Merchant vessels (1) Any merchant vessel (including any equipment, appurtenances,taken by the United

States. a property taed herein) title to which was taken by or onVol.40,p.. ybehalf of the United States under the authority of the JointDetermination of Resolution of May 12, 1917 (Fortieth Statutes, page 75). SuchVol. 4compensation shall be the fair value, as nearly as may be determined,of such vessel to the owner immediately prior to the time exclusivepossession was taken under the authority of such Joint Resolution,and in its condition at such time, taking into consideration the factthat such owner could not use or permit the use of such vessel, orcharter or sell or otherwise dispose of such vessel for use or delivery,prior to the termination of the war, and that the war was notrior payments dw-terminated until July 2, 1921, exept tht tere shall be deductedndfrom such value any consideration paid for such vessel by the UnitedFindings of Board of States. The findings of the Board of Survey appointed under theSurvey ap as er authority of such Joint Resolution shall be competent evidence inany proceeding before the Arbiter to determine the amount of such

compensation.Radti sation sold to uAny July 2, (including a equipment, appurtenances,uniedS. and property contained therein) which was sold to the United Statesby or under the direction of the Alien Property Custodian under

Determination of authority of the Trading with the Enemy Act, or any amendmentvane. thereto. Such compensation shall be the fair value, as nearly as maybe determined, which such radio station would have had on July 2,1921, if returned to the owner on such date in the same condition ason the date on which it was seized by or on behalf of the UnitedStates, or on which it was conveyed or delivered to , or seized by , thePrbor payments de- Alien Property Custodian, whichever date is earlier, except thatvaute. there shall be deducted from such value any consideration paid forsuch radio station by the United States.Patents sold, etc., (3) Any patenti(or any therein or claim by,,and

to United States byAlien Property Custo- including an application therefor and any patent issued pursuant todian. any such application) which was licensed, assigned, or sold by the

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SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928. 257Alien Property Custodian to the United States. Such compensation Determination ofshall be the amount, as nearly as may be determined, which would compensation for.have been paid if such patent, right, claim, or application had beenlicensed, assigned, or sold to the United States by a citizen of theUnited States, except that there shall be deducted from such amount Prior payments de-ducted.any consideration paid therefor by the United States (other than Exception.consideration which is returned to the United States under section Post,p. 274.27 of the Trading with the Enemy Act, as amended). Use by United States(4) The use by or for the United States of any invention described of patented inventions,in and covered by any patent (including an application therefor and conveyed by Custo-any patent issued pursuant to any such application) which was con-veyed, transferred, or assigned to, or seized by, the Alien PropertyCustodian, but not including any use during any period between Period not included.April 6, 1917, and November 11, 1918, both dates inclusive, or on orafter the date on which such patent was licensed, assigned, or sold bythe Alien Property Custodian. In determining such compensation, Defenses available.any defense, general or special, available to a defendant in an actionfor infringement or in any suit in equity for relief against an allegedinfringement, shall be available to the United States.(c) The proceedings of the Arbiter under this section shall be con- Authority of Arbiter.ducted in accordance with such rules of procedure as he may pre-scribe. The Arbiter, or any referee designated by him, is authorized Hearing, etc.to administer oaths, to hold hearings at such places within or withoutthe United States as the Arbiter deems necessary, and to contract for Witness fees, etc.,the reporting of such hearings. Any witness appearing for the pyable from GermanUnited States before the Arbiter or any such referee at any place pecial deposit.within or without the United States may be paid the same fees andmileage as witnesses in courts of the United States. Such payments ,o.p. 260.shall be made out of any funds in the German special deposit accounthereinafter provided for, and may be made in advance.(d) The Arbiter may, from time to time, and shall, upon the deter- Tentative awards offair ceompensation, bymination by him of the fair compensation in respect of all such Arbiter.vessels, radio stations, and patents, make a tentative award to eachclaimant of the fair compensation to be paid in respect of his claim,including simple interest, at the rate of 5 per centum per annum, on Interest allowed.the amount of such compensation from July 2, 1921, to December 31,1928, both dates inclusive. If a German national filing a claim in Action on a vesselclaim failing to showrespect of any such vessel fails to establish to the satisfaction of the that German Govern-ment, etc., has noArbiter that neither the German Government nor any member of interest therein.the former ruling family had, at the time of the taking, any interestin such vessel, either directly or indirectly, through stock ownershipor control or otherwise, then (whether or not claim has been filed byor on behalf of such Government or individual) no award shall bemade to such German national unless and until the extent of suchinterest of the German Government and of the members of the formerruling family has been determined by the Arbiter. Upon such deter- determination of in-mination the Arbiter shall make a tentative award in favor of such terest of German ov-Government or individual in such amount as the Arbiter determines erment, etc.to be in justice and equity representative of such interest, and reduceaccordingly the amount available for tentative awards to Germannationals filing claims in respect of the vessel so that the aggregate ofthe tentative awards (including awards on behalf of the GermanGovernment and members of the former ruling family) in respect ofthe vessel will be within the amount of fair compensation determinedunder subsection (b) of this section. Total amount(e) The total amount to be awarded under this section shall not limited.exceed $100,000,000, minus the sum of (1) the expenditures in carry- Minus expenses andpayments heretoforeing out the provisions of this section (including a reasonable estimate made.for such expenditures to be incurred prior to the expiration of the

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258 SEVENTIETH CONGRESS. SESs. I. Cu. 167. 1928.term of office of the Arbiter) and (2) the aggregate consideration paidby the United States in respect of the acquisition of such vessels andradio stations, and the use, license, assignment, and sale of such

Exception. patents (other than consideration which is returned to the UnitedPost, p.274. States under section 27 of the Trading with the Enemy Act, asamended).tro ratasreduction if (f) If the aggregate amount of the tentative awards exceeds thetentative awards exceed

aggregate authorized, amount which may be awarded under subsection (e), the Arbitershall reduce pro rata the amount of each tentative award. Theaed. Arbiter shall enter an award of the amount to be paid each claimant.and thereupon shall certify such awards to the Secretary of the

directed. Treasury.Payment (g) The Secretary of the Treasury is authorized and directed toInterest allowed on pay the amount of the awards certified under subsection (f).unpaid claims. (h) The Secretary of the Treasury is authorized and directed topay annually (as nearly as may be) simple interest, at the rate of5 per centum per annum, upon the amount of any such award remain-Payments from cr- ing unpaid, beginning January 1, 1929, until paid.man special deposi (i) The payments in respect of awards under this section shall befund. made in accordance with such regulations as the Secretary of thePest, p. 260. Treasury may prescribe, but only out of the German special depositaccount created by section 4, within the limitations hereinafter pre-scribed, and in the order of priority provided in subsections (c) andNo payment to Ge (d) of section 4.man Government, but (j) The Secretary of the Treasury shall not pay any amount inaward credited uponfinal payments due for respect of any award made to or on behalf of the German Govern-Mixed Claims awards. ment or an y member of the former ruling family, but the amountof any such award shall be credited upon the final payment due the

United States from the German Government for the purpose ofTime for making a- satisfying the awards of the Mixed Claims Commission.plications. (k) No payment shall be made under this section unless applica-tion therefor is made, within two years after the date the award is'Payment to benef- certified, in accordance with such regulations as the Secretary of theciary direct. Treasury may prescribe. Payment of any amount in respect ofany award may be made, in the discretion of the Secretary of theTreasury, either in the United States or in Germany, and eitherin money of the United States or in lawful German money, andshall be made only to the person on behalf of whom the award wasE geptiors. made, except that-

ative of deceased etc., (1) If such person is deceased or is under a legal disability, pa yperson. ment shall be made to his legal representative, except that if thepayment is not over $500 it may be made to the persons found bythe Secretary of the Treasury to be entitled thereto, without thenecessity of compliance with the requirements of law in respect ofthe administration of estates;

nersaips, etc. (2) In the case of a partnership, association, or corporation, theexistence of which has been terminated, payment shall be made,except as provided in paragraphs (3) and (4), to the persons foundToreceiveror trustee, by the Secretary of the Treasury to be entitled thereto;(3) If a receiver or trustee for the person on behalf of whom theaward was made has been duly appointed by a court of competentjurisdiction and has not been discharged prior to the date of pay-ment, payment shall be made to the receiver or trustee or in accord-To assignee of an ance with the order of the court; andaward. (4) In the case of an assignment of an award, or of an assign-ment (prior to the making of the award) of the claim in respect ofwhich such award was made, by a receiver or trustee for any suchperson, duly appointed by a court of competent jurisdiction, pay-ment shall be made to the assignee.

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SEVENTIETH CONGRESS. SEsS. I. Cii. 167. 1928. 259(1) The head of any executive department, independent establish- Informationfromrec-ords, etc. to be af.ment, or agency in the executive branch of the Government, includ- forded by departments,

ing the Alien Property Custodian and the Comptroller General, .shall, upon request of the Arbiter, furnish such records, documents,papers, correspondence, and information in the possession of suchdepartment, independent establishment, or agency as may assistthe Arbiter, furnish them statements and assistance of the samecharacter as is described in section 188 of the Revised Statutes, and T.s., se . 1a, p. 29may temporarily detail any officers or employees of such department, officials, etc., author-independent establishment, or agency to assist the Arbiter, or to actas a referee, in carrying out the provisions of this section. TheAttorney General shall assign such officers and employees of theDepartment of Justice as may be necessary to represent the UnitedStates in the proceedings under this section.(m) The Arbiter, with the approval of the Secretary of the Arbiter authorizedto appoint personnel,Treasury, is authorized to (1) appoint and fix the salaries of such make expenditures, etc.officers, referees, and employees, without regard to the civil servicelaws and regulations or to the Classification Act of 1923, and (2)make such expenditures (including expenditures for the salary ofthe Arbiter rent and personal services at the seat of government andelsewhere, law books, periodicals, books of reference, and printingand binding) as may be necessary for carrying out the provisions ofthis section and within the funds available therefor. Any officer or Additional pay toemployee detailed or assigned under subsection (1) shall be entitled peesdetailed.to receive (notwithstanding any provision of law to the contrary)such additional compensation as the Arbiter, with the approval ofthe Secretary of the Treasury, may prescribe. The Arbiter and offi- e ald .cers and employees appointed, detailed, or assigned shall be entitledto receive their necessary traveling expenses and actual expensesincurred for subsistence (without regard to any limitations imposedby law) while away from the District of Columbia on businessrequired by this section.(n) On the date on which the awards are certified to the Secretary Ofce of Arbiter,I) etc. to cease whenof the Treasury under subsection (f) or the date on which the awards awards certified.are certified to the Secretary of the Treasury under subsection (e) A"e, p. 258.of section 6 (patent claims of Austrian and Hungarian nationals), Pe, p. 264.whichever date is the later, the terms of office of the Arbiter, and ofthe officers and employees appointed by the Arbiter, shall expire, and 't.Transfer of records,the books, papers, records, correspondence, property, and equipmentof the office shall be transferred to the Department of the Treasury.(o) No award or tentative award shall be made by the Arbiter in estricn,on on nak-respect of any claim if (1) such claim is filed after the expiration claim filed too late.of four months from the date on which the Arbiter takes office, or(2) any judgment or decree awarding compensation or damages in againsteUnited states.respect thereof has been rendered against the United States, and ifsue judgment or decree has become final (whether before or after Suits pending.the enactment of this Act), or (3) any suit or proceeding against theUnited States, or any agency thereof, is commenced or is pending inrespect thereof and is not dismissed upon motion of the person by oron behalf of whom it was commenced, made before the expiration ofsix months from the date on which the Arbiter takes office and beforeany judgment or decree awarding compensation or damages becomesfinal.(p) There is hereby authorized to be appropriated, to be imme- diaty availeimediately available and to remain available until expended, the sum of Post, p-914.$50,000,000, and, after the date on which the awards of the Arbiterunder this section are certified to the Secretary of the Treasury, such awards certified.additional amounts as, when added to the amounts previously appro-priated, will be equivalent to the aggregate amount of such awards

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260 SEVENTIETH CONGRESS. SEss. I. Cu. 167. 1928.plus the amounts necessary for the expenditures authorized by sub-sections (c) and (m) of this section (expenses of administration),

Aggregate limited. except that the aggregate of such appropriations shall not exceed$100,000,000.Provisions exclusive (q) The provisions of this section shall constitute the exclusivemethod for presentingand payincl method for the presentation and payment of claims arising out ofany of the acts by or on behalf of the United States for which thissection provides a remedy. Any person who files any claim ormakes application for any payment under this section shall be held toClaims for "Carl have consented to all the provisions of this Act. This subsection shallDiederichsen" an d not bar the presentation of a claim under section 21 (relating to the"Johanne," not barred. claims of certain former German nationals in respect of the takingPost, p. 277. of the vessels "Carl Diederichsen" and "Johanne ") ; but no awardRestriction. shall be made under section 21 in respect of either of such vessels to

or on behalf of any person to whom or on whose behalf an awardis made under this section in respect of such vessel.Iftwo or ortims. (r) If the aggregate amount to be awarded in respect of anyvessel, radio station, or patent is awarded in respect of two or moreclaims, such amount shall be apportioned among such claims bythe Arbiter as he determines to be just and equitable and as theinterests of the claimants may appear.

tentative awards. (s) The Secretary of the Treasury, upon the certification of4ate, p. 257. any of the tentative awards made under subsection (d) of thissection and the recommendation of the Arbiter, may make such prorata payments in respect of such tentative awards as he deemsAggregate limited, advisable, but the aggregate of such payments shall not exceed$25,000,000.German special de- GERMAN SPECIAL DEPOSIT ACCOUNTposit account.

Created for disburs 4 a There h created in the aing all payments under SEC. 4 T is hereby Treasury a ermanClaims commission special deposit account, into which shall be deposited al l fundsand Arbiter. . eoie l udhereinafter specified and from which shall be disbursed all pay-ments authorized by section 2 or 3, including the expenses of admin-istration authorized under subsections (c) and (in) of section 3 andsubsection (e) of this section.Sources. (b) The Secretary of the Treasury is authorized and directed toSums from Custo- deposit in such special deposit account-dian. (1) All sums invested or transferred by the Alien PropertyPost,p. 268. Custodian, under the provisions of section 25 of the Trading withAwards to Germans. the Enemy Act, as amended;(2) The amounts appropriated under the authority of section 3(relating to claims of German nationals); andaccount of Mixed (3) All money (including the proceeds of an y property, rights,Claims commission or benefits which may be sold or otherwise disposed of, upon suchawards. terms as he may prescribe) received, whether before or after theenactment of this Act, by the United States in respect of claims ofthe United States against Germany on account of the awards of theMixed Claims Commission.Priority of paymentsdirected. (C ) The Secretary of the Treasury is authorized an d directedout of the funds in such special deposit account, subject to the profvisions of subsection (d), and in the following order of priority-

peAinistration ex- (1) To make the payments of expenses of administration author-ized by subsections (c) and (in) of section 3 or subsection (e) ofthis section;Awards for death orthsecinpersonal injury. (2) To make so much of each payment authorized by subsectionAe, p. 254. (b) of section 2 (relating to awards of the Mixed Claims Com-

mission), as is attributable to an award on account of death orpersonal injury, together with interest thereon as provided in sub.section (c) of section 2;

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SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928.(3) To make each payment authorized by subsection (b) of see- Other awards not ex-tion 2 (relating to awards of the Mixed Claims Commission), if the drng$100,000.

amount thereof is not payable under paragraph (2) of this sub-section and does not exceed $100,000, and to pay interest thereonas provided in subsection (c) of section 2; If in excess of that(4) To pay the amount of $100,000 in respect of each payment amount, $100,000.authorized by subsection (b) of section 2 (relating to awards ofthe Mixed Claims Commission), if the amount of such authorizedpayment is in excess of $100,000 and is not payable in full underparagraph (2) of this subsection. No person shall be paid under Limit to one person.this paragraph and paragraph (3) an amount in excess of $100,000(exclusive of interest beginning January 1, 1928), irrespective ofthe number of awards made on behalf of such person; Additional paymentson awards equal to 80(5) To make additional payments authorized by subsection (b) perawerd of al pay-~ subsction per cent of all pay-of section 2 (relating to awards of the Mixed Claims Commission), ments authorized.in such amounts as will make the aggregate payments (authorizedby such subsection) under this paragraph and paragraphs (2), (3),and (4) of this subsection equal to 80 per centum of the aggregateamount of all payments authorized by subsection (b) of section 2. Basis of.Payments under this paragraph shall be prorated on the basis ofthe amount of the respective payments authorized by subsection (b) Installments author-of section 2 and remaining unpaid. Pending the completion of the ized pending comple-tion of work of Claimswork of the Mixed Claims Commission, the Secretary of the Treas- Commission.ury is authorized to pay such installments of the payments author-ized by this paragraph as he determines to be consistent with promptpayment under this paragraph to all persons on behalf of whomclaims have been presented to the Commission; Tentative awards of(6) To pay amounts determined by the Secretary of the Treasury Arbiter for Germanto be payable in respect of the tentative awards of the Arbiter, in ships, etc.accordance with the provisions of subsection (s) of section 3 (relat-ing to awards for ships, patents, and radio stations) ; Payments to Ger-(7) To pay to German nationals such amounts as will make the mans equal to 60 perct of aggregateaggregate payments equal to 50 per centum of the amounts awarded cenards.under section 3 (on account of ships, patents, an d radio stations). Funds available.Payments authorized by this paragraph or paragraph (6) may, tothe extent of funds available under the provisions of subsection (d) Pest, p. 262.of this section, be made whether or not the payments under para-graphs (1) to (5), inclusive, of this subsection have been completed; Accrued interest on(8) To pay accrued interest upon the participating certificates participating certifi-evidencing the amounts invested by the Alien Property Custodian cates.

under subsection (a ) of section 25 of the Trading with the Enemy Pest, p.208.Act, as amended (relating to the investment of 20 per centum ofGerman property temporarily withheld) ; Accrued interest on(9) To pay the accrued interest payable under subsection (c) of unpaid awards.section 2 (in respect of awards of the Mixed Claims Commission)and subsection (h) of section 3 (in respect of awards to Germannationals) ;epay investments(10) To make such payments as are necessary (A) to repay the in participating car-amounts invested by the Alien Property Custodian under subsection tificates.(a) of section 25 of the Trading with the Enemy Act, as amended(relating to the investment of 20 per centum of German property ilern, btweentemporarily withheld), (B) to pay amounts equal to the difference German claims andbetween the aggregate payments (in respect of claims of German prior payments thereof.nationals) authorized by subsections (g) and (h) of section 3 andthe amounts previously paid in respect thereof, and (C) to pay total of Commissionamounts equal to the difference between the aggregate payments awards and prior pay-(in respect of awards of the Mixed Claims Commission) authorized ments thereof.by subsections (b) and (c) of section 2, and the amounts previouslypaid in respect thereof. If funds available are not sufficient to make Apportionment, ifthe total payments authorized by this paragraph, the amount of funds insufeient.

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262 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928.payments made from time to time shall be apportioned among thepayments authorized under clauses (A), (B), and (C) according tothe aggregate amount remaining unpaid under each clause;

Repay investment of (11) To make such payments as are necessary to repay the amountsuinallocated interest . 1fund. invested by the Alien Property Custodian under subsection (b) ofsection 25 of the Trading with the Enemy Act, as amended (relat-

Limit. ing to the investment of the unallocated interest fund); but theamount payable under this paragraph shall not exceed the aggregatePost,p. 273. amount allocated to the trusts described in subsection (c) of section

26 of such Act;Pay into Treasury (12) To pay into the Treasury as miscellaneous receipts theawards to UnitedStates. amount of the awards of the Mixed Claims Commission to the UnitedStates on its own behalf on account of claims of the United States

Funds left In er against Germany; andman special deposit (13) To pay into the Treasury as miscellaneous receipts any fundsremaining in the German special deposit account after the paymentsauthorized by paragraphs (1) to (12) have been completed.

of Arbiter. (d) 50 per centum of the amounts appropriated under the author-ity of ection 3 (relating to claims of German nationals) shall beavailable for payments under paragraphs (6) and (7) of subsection(c) of this section (relating to such claims) and shall be availableonly for such payments until such time as the payments authorizedAllowance r - by such paragraphs have been completed.oar ex- (e) Te Secretary of the Treasury is authorized to pay, frompenses from Germanspecial deposit, funds in the German special deposit account, such amounts, not inexcess of $25,000 per annum, as may be necessary for the payment ofthe expenses in carrying out the provisions of this section and section25 of the Trading with the Enemy Act, as amended (relating to theinvestment of funds by the Alien Property Custodian), includingpersonal services at the seat of government.Investment of special (f) The Secretary of the Treasury is authorized to invest anddeposit in Federal se-curities d reinvest, from time to time, in bonds, notes, or certificates of indebted-

ness of the United States any of the funds in the German specialdeposit account, and to deposit to the credit of such account theinterest or other earnings thereon.award to an American (g) There shall be deducted from the amounts first payable underof debt paid by Custo- this section to any American national in respect of any debt thedian not credited byClaims Commission. amount, if any, paid by the Alien Property Custodian in respect ofsuch debt which was not credited by the Mixed Claims Commissionin making its award.American claimsagainst Austria and CLAIMS OF UNITED STATES AND IT S NATIONALS AGAINST AUSTRIA AN DHungary. HUNGARYAwards of TripartiteClaims Commission tobe certified to Secre-tary of Treasury.Vol. 44 , p. 2213.

Payment of awards.

Payments only fromAustrian or Hungarianspecial deposits.

SEC. 5. (a) The Commissioner of the Tripartite Claims Commission(hereinafter referred to as the " Commissioner ") selected in pur-suance of the agreement of November 26, 1924, between the UnitedStates and Austria and Hungary shall, from time to time, certify tothe Secretary of the Treasury the judgments and interlocutory judg-ments (hereinafter referred to as "awards") of the Commissioner.(b) The Secretary of the Treasury is authorized and directed topay (1) in the case of any such judgment, an amount equal to theprincipal thereof, plus the interest thereon in accordance with suchjudgment, and (2) in the case of any such interlocutory judgment,an amount equal to the principal thereof (converted at the rate ofexchange specified in the certificate of the Commissioner providedfor in section 7), plus the interest thereon in accordance with suchcertificate.(c) The payments authorized by subsection (b) shall be made inaccordance with such regulations as the Secretary of the Treasury

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SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. 263may prescribe, but only out of the special deposit account (Austrianor Hungarian, as the case may be), created by section 7, and within P05.the limitations hereinafter prescribed. Expenses to be de-(d) There shall be deducted from the amount of each payment, ducted, etc.as reimbursement for expenses incurred by the United States inrespect thereof, an amount equal to one-half of 1 per centum thereof. Deposit in Treasury.The amount so deducted shall be deposited in the Treasury asmiscellaneous receipts. Awards to United(e) The amounts awarded to the United States in respect of States included.claims of the United States on its own behalf shall be payable underthis section. Time limit required(f) No payment shall be made under this section (other than for making applica-payments to the United States in respect of claims of the United tions, etc.States on its own behalf) unless application therefor is made withintwo years after the date of the enactment of this Act in accordancewith such regulations as the Secretary of the Treasury may prescribe. Payments restricted.Payment shall be made only to the person on behalf of whom theaward was made except in the cases specified in paragraphs (1) Ate, p.255.to (4) of subsection (g) of section 2. Consent to provi-(g) Any person who makes application for payment under this elen by applicants as-section shall be held to have consented to all the provisions of this sured.Act. Austrian and Hunga-rian claims againstCLAIMS OF ' AUSTRIAN AND HUNGARIAN NATIONALS AGAINST TH E UNITED United States.

STATESCompensation forSEC. 6. (a) It shall be the duty of the Arbiter, within the limita- designated claims to betions hereinafter prescribed, to bear the claims of any Austrian or determined by Arbiter.

Hungarian national (as hereinafter defined) and to determine thecompensation to be paid by the United States, in respect of- Patents etc., sold to(1) Any patent (or any right therein or claim thereto, and includ- United States by Cus.ing an application therefor and any patent issued pursuant to any todian.such application) which was licensed, assigned, or sold by the Alien Determination ofProperty Custodian to the United States. Such compensation shall compensation.be the amount, as nearly as may be determined, which would havebeen paid if such patent, right, claim, or application had beenlicensed, assigned, or sold to the United States by a citizen of theUnited States, except that there shall be deducted from such amount Prior payments de-any consideration paid therefor by the United States (other than Exception.consideration which is returned to the United States under section 27 Psl p. 274.of the Trading with the Enemy Act, as amended), use by United States(2) The use by or for the United States of any invention described of patented inventions,in and covered by any patent (including an application therefor and t onveyed by cus-any patent issued pursuant to any such application) which was con-veyed, transferred, or assigned to, or seized by, the Alien Property Period excluded.Custodian, but not including any use during any period betweenDecember 7, 1917, and November 3, 1918, both dates inclusive, or on orafter the date on which such patent was licensed, assigned, or sold by Defeses available.the Alien Property Custodian. In determining such compensa-tion, any defense, general or special, available to a defendant in anaction for infringement or in any suit in equity for relief against analleged infringement, shall be available to the United States.(b) The proceedings of the Arbiter under this section shall be Authority of Arbiter.conducted in accordance with such rules of procedure as he may Ucarings, etc.prescribe. The Arbiter, or any referee designated by him, is author-ized to administer oaths, to hold hearings at such places within orwithout the United States as the Arbiter deems necessary, and to Witness fees, ete.,contract for the reporting of such hearings. Any witness appearing payable from specialfor the United States before the Arbiter or any such referee at deposit accounts.any place within or without the United States may be paid the

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264 SEVENTIETH CONGRESS. S-uss. I. Cn. 167. 1928.same fees and mileage as witnesses in courts of the United States.Such payments may be made in advance, and may be made in thefirst instance out of the German special deposit account, subject toreimbursement from the special deposit account (Austrian or Hun-garian, as the case may be ) hereinafter provided for.each claimant of fair The Arbiter shall, upon the determination by him of the faircompensation, with in- compensation in respect of all such patents, make a tentative award

te rest . c m t es e 0 ie t t v w rto each claimant of the fair compensation to be paid in respect ofhis claim, including simple interest, at the rate of 5 per centumInterest period, per annum, on the amount of such compensation from July 2, 1921,to December 31 , 1928, both dates inclusive.te m - (d) The total amount to be awarded under this section shall notpayments deducted, exceed $1,000,000, minus the sum of (1) the expenditures in carrying

out the provisions of this section (including a reasonable estimate forsuch expenditures to be incurred prior to the expiration of the termof office of the Arbiter) and (2) the aggregate consideration paid byException. the United States in respect of the use, license, assignment, and sale

Pest. p. 274. of such patents (other than consideration which is returned to theUnited States under section 27 of the Trading with the Enemy Act,Pro rata reduction i as amended).awards exceed total. (e) If the aggregate amount of the tentative awards exceeds theamount which may be awarded under subsection (d), the ArbiterAwards to be certi- shall reduce pro rata the amount of each tentative award. Thefied. Arbiter shall enter an award of the amount to be paid each claimant,and thereupon shall certify such awards to the Secretary of thePaymenta directed. Treasury.(f) The Secretary of the Treasury is authorized and directed topay the amount of the awards certified under subsection (e), togetherwith simple interest thereon, at the rate of 5 per centum per annum,Regulations for pay- beginning January 1, 1929, until paid.ing from special de- (g) The payments authorized by subsection (f) shall be madeposits accounts. in accordance with such regulations as the Secretary of the TreasuryPest, p. 265. may prescribe, but only ou t of the special deposit account (Austrianor Hungarian, as the case may be), created by section 7, and withinTime limit for mak. the limitations hereinafter prescribed.

ing applications. (h) No payment shall be made under this section unless applica-tion therefor is made, within two years after the date the award isManner of payment. certified, in accordance with such regulations as the Secretary of theTreasury may prescribe. Payment of any amount in respect of anyaward .may be made, in the discretion of the Secretary of the Treas-

ury, either in the United States or in Austria or in Hungary, andDirect to bene- either in money of the United States or in lawful Austrian or Hun-feiaries. garian money (as the case may be), and shall be made only to theAntc, p. 258. person on behalf of whom the award was made, except in the casesAllocationofexpn.c specified in paragraphs (1) to (4) of subsection (k) of section 3.from special deposits. (i) The provisions of subsections (1), (in), and (o) of section 3

shall be applicable in carrying out the provisions of this section,except that the expenditures in carrying out the provisions of section8 and this section shall be allocated (as nearly as may be ) by theArbiter and paid, in accordance with such allocation, out of theGerman special deposit account created by section 4 or the specialIf from German de- deposit account (Austrian or Hungarian, as the case may be) createdposit to be reimbursed by section 7. Such payments may be made in the first instance out ofom Austrian or Hun-

garian. the German special deposit account, subject to reimbursement fromthe Austrian or the Hungarian special deposit account in appropriateAppropriation au- cases.thorized. (j) There is hereby authorized to be appropriated, to remain avail-able until expended, such amount, not in excess of $1,000,000, as maybe necessary for carrying out the provisions of this section.

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SEVENTIETH CONGRESS. Sxss. I. CH. 167. 1928. 265(k) The provisions of this section shall constitute the exclusive Provisions e:clnsivbmethod or presentingmethod for the presentation and payment of claims arising out of claims.

any of the acts by or on behalf of the United States for which thissection provides a remedy. Any person who files any claim or Consent of claimantmakes application for any payment under this section shall be heldto have consented to all the provisions of this Act.(1) If the aggregate amount to be awarded in respect of any pat- awpds to two or foreent is awarded in respect of two or more claims, such amount shall claims.be apportioned among such claims by the Arbiter as he determinesto be just and equitable and as the interests of the claimants mayappear. Austrian and Hun-AUSTRIAN AND HUNGARIAN SPECIAL DEPOSIT ACCOUNTS garian special depositsaccounts.

SEC. 7. (a) There are hereby created in the Treasury an Austrian Created of funds inspecial deposit account and an Hungarian special deposit account,into which, respectively, shall be deposited all funds hereinafterspecified and from which, respectively, shall be disbursed all pay-ments and expenditures authorized by section 5 or 6 or this section. s.(b ) The Secretary of the Treasury is authorized and directedto deposit in the Austrian or the Hungarian special deposit account,as the case may be-f(1) The respective amounts appropriated under the authority of Austrian and forsection 6 (patent claims of Austrian and Hungarian nationals) ; gsian patent claims.(2) The respective sums transferred by the Alien Property Cus- Moneys etc.,nf As-( eectivetrian an2 Hungariantodian, under the provisions of subsection (g) of section 25 of the overrents tran-foerentCstdan-Trading with the Enemy Act, as amended (property of Austrian erost,P. soa269.and Hungarian Governments); Money received for

(3) All money (including the proceeds of any property, rights, or A merica dclaimsbenefits which may be sold or otherwise disposed of, upon such terms aginst Austria oras he may prescribe) received, whether before or after the enact- ngary.ment of this Act, by the United States in respect of claims of theUnited States against Austria or Hungary, as the case may be , onaccount of awards of the Commissioner. Payments directed.(c) The Secretary of the Treasury is authorized and directed, outof the funds in the Austrian or the Hungarian special deposit account,as the case may be, subject to the provisions of subsections (d)and (e)- Administration ex-(1) To make the payments of expenses of administration author- penses.ized by section 6 or this section; Awards of American(2) To make the payments authorized by subsection (b) of sectioneclaims.5 (relating to awards of the Tripartite Claims Commission); and Awards to Austrians(3) To make the payments of the awards of the Arbiter, together and Hungarians.with interest thereon, as provided by section 6 (relating to claimsof Austrian and Hungarian nationals). No Austrian pay-(d) No payment shall be made in respect of any award of the nents, etc., prior to(1d~No pymetshll e mae i resectrificate from Comn-Commissioner against Austria or of the Arbiter on behalf of an missioner.Austrian national, nor shall any money or other property be returned Post, p. 270.under paragraph (15), (17), (18), or (19) of subsection (b ) ofsection 9 of the Trading with the Enemy Act, as amended (relatingto the return of money and other property by the Alien PropertyCustodian to Austrian nationals), prior to the date upon which theCommissioner certifies to the Secretary of the Treasury- That Austrian special(1) That the amounts deposited in the Austrian special deposit deposit account suff-account under paragraph (2) of subsection (b) of this section (in cient to pay awards.respect of property of the Austrian Government or property of acorporation all the stock of which was owned by the Austrian Gov-ernment) and under paragraph (3) of subsection (b ) of this section(in respect of money received by the United States in respect ofclaims of the United States against Austria on account of awards

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266 SEVENTIETH CONGRESS. SEss. I. Cii. 167. 1928.of the Commissioner) are sufficient to make the payments authorizedAnte, p. 262. by subsection (b) of section 5 in respect of awards against Austria;and

iate of exchange (2) In respect of interlocutory judgments entered by the Commis-for interlocutory judg-ments to be fixed. sioner, the rate of exchange at which such interlocutory judgmentsshall be converted into money of the United States and the rateof interest applicable to such judgments and the period duringwhich such interest shall run. The Commissioner is authorized andrequested to fix such rate of exchange and interest as he may determineto be fair and equitable, and to give notice thereof, within thirty

No Hungarian pay- days after the enactment of this Act.ments, etc., prior to (e) No payment shall be made in respect of any award of thecerti cate from Cor- Commissioner against Hungary or of the Arbiter on behalf of anmissioner. Hungarian national, nor shall any money or other property bereturned under paragraph (15), (20), (21), or (22) of subsection(b) of section 9 of the Trading with the Enemy Act, as amended bythis Act (relating to the return of money and other property by theAlien Property Custodian to Hungarian nationals), prior to the dateupon which the Commissioner certifies to the Secretary of the

That Hungarian Treasury- ited i the Hungarian special depositspecial deposit account (1)T amounts deposite inis sufficient to pay account under paragraph (2) of subsection (b) of this section (inawards. respect of property of the Hungarian Government or property of acorporation all the stock of which was owned by the HungarianGovernment) and under paragraph (3) of subsection (b) of thissection (in respect of money received by the United States in respectof claims of the United States against Hungary on account of awardsof the Commissioner), are sufficient to make the payments authorizedAnte, p. 262. by subsection (b) of section 5 in respect of awards against Hungary;andRate of exchange for (2) In respect of interlocutory judgments entered by the Corn-interlocutory judg-ments to beried. missioner, the rate of exchange at which such interlocutory judg-

ments shall be converted into money of the United States and therate of interest applicable to such judgments and the period duringwhich such interest shall run. The Commissioner is authorized andrequested to fix such rate of exchange and interest as he may deter-mine to be fair and equitable, and to give notice thereof, withinthirty days after the enactment of this Act.tration expenss (f) Amounts available under subsection (e) of section 4 (relatingto payment of expenses of administration) shall be available for thepayment of expenses in carrying out the provisions of this section,

Investment n ia including personal services at the seat of government.deposits in Federal (g) The Secretary of the Treasury is authorized to invest andsecurities, reinvest, from time to time, in bonds, notes, or certificates of indebt-edness of the United States, any of the funds in the Austrian or theHungarian special deposit account, and to deposit to the credit ofsuch account the interest or other earnings thereon.American awards of (h) There shall be deducted from the amounts first payable underdebts paid by Cm - this section to any American national in respect of any debt, thetodian, c. amount, if any, paid by the Alien Property Custodian in respect ofsuch debt which was not credited by the Commissioner in making

Awards to United his award.States to be paid into (i) The payments of the awards of the Commissioner to thethe Treasury. United States on its own behalf, on account of claims of the United

States against Austria or Hungary, shall be paid into the Treasury asmiscellaneous receipts.Disposal o amountsremaining in deposits. (j) Any amount remaining in the Austrian or the Hungarianspecial deposit account after all the payments authorized to bemade therefrom have been completed shall be disposed of as follows:

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SEVENTIETH CONGRESS. SEss. I. Cu. 167. 1928. 267(1) There shall first be paid into the Treasury as miscellaneous Into the Treasury,

ifamount received ax-receipts the respective amount, if any, by which the appropriations ceeds payments au-made under the authority of section 6 and deposited in such special thorized.deposit account exceed the payments authorized by such section;and(2) The remainder shall be refunded to Austria or Hungary, as Refundofremaider.their respective interests may appear.

Decisions of the Sec-FINALITY OF DECISIONS retary.Decisions in respect

SEC. S. (a) Notwithstanding the provisions of section 236 of the to specil fnds notRevised Statutes, as amended, the decisions of the Secretary of the any other officer.Treasury in respect of the funds to be paid into the German, the R.S-, see. 236, p. 39.Austrian, or the Hungarian special deposit account and of the pay- Vol 42, p. 24ments therefrom, shall be final and conclusive, and shall not be sub-ject to review by any other officer of the United States, except that counts excepted.payments made under authority of subsection (c) or (in) of section3 or subsection (e) of section 4 or subsection (f) of section 7(relating to expenses of administration) shall be accounted for andsettled without regard to the provisions of this subsection. Report of all expendi-(b ) The Secretary of the Treasury, in his annual report to the tres to Congress.Congress, shall include a detailed statement of all expendituresmade in carrying out the provisions of this Act.EXCESSIVE FEES PROHIBITED Attorneys' fees.

Rcasonable fees forSEC. 9. (a) The Arbiter, the Commissioner of the Mixed Claims servicesbto be fixed byCommission appointed by the United States, and the Commissioner Arbiter and Claimsof the Tripartite Claims Commission, respectively, are authorized(upon request as hereinafter provided) to fix reasonable fees(whether or not fixed under any contract or agreement) for servicesin connection with the proceedings before the Arbiter and the MixedClaims Commission and the Tripartite Claims Commission, respec-tively, and with the preparations therefor, and the application forpayment, and the payment, of any amount under section 2, 3, 5, or6. Each such official is authorized and requested to mail to each Notce to claiants.claimant in proceedings before him or the commission, as the casemay be , notice (in English, German, or Hungarian) of the provisionsof this section. No fee shall be fixed under this subsection unless Written request, towritten request therefor is filed with such official before the expira- be filed,tion of ninety days after the date of mailing of such notice. In thecase of nationals of Germany, Austria, and Hungary, such noticemay be mailed to, and the written request may be filed by, the dulyaccredited diplomatic representative of such nation.(b) After a fee has been fixed under subsection (a), any person Punishment for ac-accepting any consideration (whether or not under a contract or eptig excess fees.agreement entered into prior to the enactment of this Act) theaggregate value of which (when added to any consideration pre-viously received) is in excess of the amount so fixed, for services inconnection with the proceedings before the Arbiter or Mixed ClaimsCommission or Tripartite Claims Commission, or any preparationstherefor, or with the application for payment, or the payment, ofeny amount under section 2, 3, 5, or 6, shall, upon conviction thereof, Amount ofne.be punished by a fine of not more than four times the aggregatevalue of the consideration accepted by such person therefor.(c) Section 20 of the Trading with the Enemy Act, as amended, is Ieaning of attorney,extended.amended by inserting after the word "attorney " wherever it appears Vol. 42, p. 1i15.in such section the words "at law or in fact".

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268 SEVENTIETH CONGRESS. SESS. I. CiI. 167. 1928.Investment of funds. INVESTMENT OF FUNDS 3Y ALIEN PROPERTY CUSTODIANTrading with EnemyAct. SEC. 10. The Trading with the Enemy Act, as amended, isl s4io, p 516 amended by adding thereto the following new section:

amended. "SEC. 25. (a) (1) The Alien Property Custodian is authorizedParticipating certifi-cates, and directed to invest, from time to time upon the request of theAmount of fundsSertyheld by od to Secretary of the Treasury, out of the funds held by the Alien Prop-be invested in. erty Custodian or by the Treasurer of the United States for the AlienProperty Custodian, an amount not to exceed $40,000,000 in theaggregate, in one or more participating certificates issued by theSecretary of the Treasury in accordance with the provisions of this

Credit of temporarily section.postponed returned "(2) When in the case of any trust written consent under sub-trusts, section (m) of section 9 has been filed, an amount equal to the portionof such trust the return of which is temporarily postponed under

Investment of ex - such subsection shall be credited against the investment made undercess. paragraph (1) of this subsection. If the total amount so creditedis in excess of the amount invested under paragraph (1) of this sub-section, the excess shall be invested by the Alien Property Custodianin accordance with the provisions of this subsection, without regardIf investment in ex- to the $40,000,000 limitation in paragraph (1). If the amountcessof c edited amount,to be paid from Ger- invested under paragraph (1) of this subsection is in excess of theman special deposit, total amount so credited, such excess shall, from time to time onrequest of the Alien Property Custodian, be paid to him out of theArid,t funds in the German special deposit account created by section 4 of

Priority, the Settlement of War Claims Act of 1928, and such payments shallhave priority over any payments therefrom other than the paymentsunder paragraph (1) of subsection (c) of such section (relating to

Investment from un- expenses of administration).allocated interest fund. "(b) The Alien Property Custodian is authorized and directedto invest, in one or more participating certificates issued by thePost, p. 274. Secretary of the Treasury, out of the unallocated interest fund, asDesignated amount, defined in section 28-Additional if amont "(1) The sum of $25,000,000. If, after the allocation under sectionallocated to trusts is in $excess thereof. 26 has been made, the amount of the unallocated interest fund allo-cated to the trusts described in subsection (c) of such section is foundto be in excess of $25,000,000, such excess shall be invested by theAlien Property Custodian in accordance with the provisions of thisCorrectionifless, subsection. If the amount so allocated is found to be less than$25,000,000 any participating certificate or certificates that have beenBalance remaining issued shall be corrected accordingly; and

after investment and "(2) The balance of such unallocated interest fund remainingpayments. after the investment provided for in paragraph (1) an d the paymentPost,p.273. of allocated earnings in accordance with the provisions of subsectionIf interest fund in-(b ) of section 26 have been made.sufficient, balance to "(c) If the amount of such unallocated interest fund, remainingbe paid from Germanspecial deposit. after the investment required by paragraph (1) of subsection (b) ofthis section has been made, is insufficient to pay the allocated earningsin accordance with subsection (b ) of section 26, then the amountnecessary to make up the deficiency shall be paid out of the fundsAit, . g0 . in the German special deposit account created by section 4 of thePriority given. Settlement of War Claims Act of 1928, and such payment shall have

priority over any payments therefrom other than the payments underparagraph (1) of subsection (c) of such section (relating to expensesof administration) and the payments under paragraph (2) ofTransfer of all money, subsection (a) of this section.etc., owned by the (d) The Alien Property Custodian is authorized and directedGerman dovernment, (after the payment of debts under section 9) to transfer to theto special deposit. Secretary of the Treasury, for deposit in such special depositaccount, all money and the proceeds of all property, including all

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SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. 269income, dividends, interest, annuities, and earnings accumulated inrespect thereof, owned by the German Government or any membe Property, etc., con-of the former ruling family. All money and other property shalt sidered as owned bybe held to be owned by the German Government (1) if no claim German Government.thereto has been filed with the Alien Property Custodian prior tothe expiration of one year from the date of the enactment of theSettlenwent of War Claims Act of 1928, or (2) if any claim hasbeen filed before the expiration of such period (whether before orafter the enactment of such Act), then if the ownership thereofunder any such claim is not established by a decision of the AlienProperty Custodian or by suit in court instituted, under section 9,within one year after the decision of the Alien Property Custodian,or after the date of the enactment of the Settlement of War ClainsAct of 1928, whichever date is later. The amounts so transferred German payments.under this subsection shall be credited upon the final payment duethe United States from the German Government on account of theawards of the Mixed Claims Commission."(e) The Secretary of the Treasury is authorized and directed Interest-bearing par-to issue to the Alien Property Custodian, upon such terms and con- for awards temporarilyditions and under such regulations as the Secretary of the Treasury postponed.may prescribe, one or more participating certificates, bearing interestpayable annually (as nearly as may be) at the rate of 5 per centum Ante, p. 26S.per annum, as evidence of the investment by the Alien Property Non-interest-bearingCustodian under subsection (a), and on e or more non-interest-bear- certificates for othering participating certificates, as evidence of the investment by the awards.Alien Property Custodian under subsection (b). All such certifi- Interest of, in Ger-cates shall evidence a participating interest, in accordance with, man special dpositand subject to the priorities of, the provisions of section 4 of theSettlement of War Claims Act of 1928, in the funds in the Germanspecial deposit account created by such section, except that-"(1) The United States shall assume no liability, directly or Certificates payableonly from special de-indirectly, for the payment of any such certificates, or of the interest posit funds, no Federalthereon, except out of funds in such special deposit account available liability assumed.therefor, and all such certificates shall so state on their face; and"(2) Such certificates shall not be transferable, except that the Transferslimited.Alien Property Custodian may transfer any such participatingcertificate evidencing the interest of a substantial number of theowners of the money invested, to a trustee duly appointed by suchowners."(f) Any amount of principal or interest paid to the Alien Prop- Pay.nts allocatedto persons consentingerty Custodian in accordance with the provisions of subsection to reccive 8 persent ofof section 4 of the Settlement of War Claims Act of 1928 shall be award.allocated pro rata among the persons filing written consents undersubsection (m) of section 9 of this Act, and the amounts so allocated Peat, p. 272.shall be paid to such persons. If any person to whom any amount In case of death, etc.is payable under this subsection has died (or if, in the case of a part-nership, association, or other unincorporated body of individuals, ora corporation, its existence has terminated), payment shall be madeto the persons determined by the Alien Property Custodian to beentitled thereto."(g) The Alien Property Custodian is authorized and directed All money and prop-erty proceeds of Aus-after the payment of debts under section 9) to transfer to the trian or tn'ariansovernments to beSecretary of the Treasury, for deposit in the special deposit account deposited in special(Austrian or Hungarian, as the case may be), created by section 7 accounts.of the Settlement of War Claims Act of 1928, all money and the Ante, p. 266.proceeds of all property, including all income, dividends, interest,annuities, and earnings accumulated in respect thereof, owned by theAustrian Government or any corporation all the stock of whichwas owned by or on behalf of the Austrian Government (includingthe property of the Imperial -RoyalTobacco Monopoly, also known

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270 SEVENTIETH CONGRESS. SEss. I. CH.167. 1928.under the name of K. K. Oesterreichische Tabak Regie), or ownedby the Hungarian Government or by any corporation all the stockof which wag owned by or on behalf of the Hungarian Government."Return to Germans,etc.,of property held RETURN TO NATIONALS OF GERMANY, AUSTRIA, AND HUNGARY OF PROPERTY

by Custodian. HELD BY ALIEN PROPERTY CUSTODIANAdditionalreturnsof SEC. 11. Subsection (b) of section 9 of the Trading with the EnemyVol. 42, p. 1513, Act, as amended, is amended by striking out the punctuation at the

amended. end of paragraph (11) and inserting in lieu thereof a semicolon andthe word "or" and inserting after paragraph (11) the followingnew paragraphs:To partnerships, ete., "(12) A partnership, association, or other unincorporated bodyentirelyowned by

other thAustriansor of individuals, or a corporation, and was entirely owned at suchHngarians. time by subjects or citizens of nations, States, or free cities otherthan Austria or Hungary or Austria-Hungary and is so owned atCondition. the time of the return of its money or other property, and has filedPost, p. 272. the written consent provided for in subsection (m); orPartnerships, etc., in "(36atesip6rohrbdbu sin.ess outsin "(13) A partnership, association, or other unincorporated bodytria or Hungary. of individuals, having its principal place of businegss at such timewithin any country other than Austria, Hungary, or Austria-Hun-gary, or a corporation organized or incorporated within any countryCondition. other than Austria, Hungary, or Austria-Hungary, and that theIndividual Germans. written consent provided for in subsection (in) has been filed; or" (14) An individual who at such time was a citizen or subject ofGermany or who, at the time of the return of any money or otherCondition. property, is a citizen or subject of Germany or is not a citizen orsubject of any nation, State, or free city, and that the written consentAnstro-Engarian provided for in subsection (in) has been filed; orBanktoliquidators. (15) The Austro-Hungarian Bank, except that the money orother property thereof shall be returned only to the liquidatorsPerston consenting thereof; orto rt "(16) An individual, partnership, association, or other unincor-aganhingnitedo suit porated body of individuals, or a corporation, and that the written

etc. consent provided for in subsection (in) has been filed, and that noPost, p. 272. suit or proceeding against the United States or any agency thereofis pending in respect of such return, and that such individual hasfiled a written waiver renouncing on behalf of himself, his heirs,successors, and assigns any claim based upon the fact that at thetime of such return he was in fact entitled to such return under any

Partnerships, etc.other provision of this Act; orentirely owned by Aus- "(17) A partnership, association, or other unincorporated body oftris.s, individuals, or a corporation, and was entirely owned at such timeby citizens of Austria and is so owned at the time of the return of itsPartnerships, etc., money or other property; orwith prineipal business "(18) A partnership, association, or other unincorporated body ofinAustria. individuals, having its principal place of business at such time withinAustria, or a corporation organized or incorporated within Austria; orIndividual Aus- "(19) An individual who at such time was a citizen of Austria ortrians. who, at the time of the return of any money or other property, is a

citizen of Austria; orPartnerships, etc., "20) A partnership, association, or other unincorporated body ofentirely owned by (2)ascainorthrbdHngarians. individuals, or a corporation, and was entirely owned at such time

by citizens of Hungary and is so owned at the time of the return ofPartnerships, etc. its money or other property; orwith principal busines "(21) A partnership, association, or other unincorporated body ofinHungary. individuals, having its principal place of business at such time within

Hungary, or a corporation organized or incorporated withinHungary; or

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SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928. 271"(22) An individual who at such time was a citizen of Hungary Individual Hunga-or who, at the time of the return of any money or other property,rians.is a citizen of Hungary;- Vol. 42, p. 1514,Suc. 12. (a) Subsection (d) of section 9 of the Trading with the amended.Enemy Act, as amended, is amended to read as follows:dProperty of dece-dents."(d) Whenever an individual, deceased, would have been entitled, Return tolegalrepre-if living, to the return of any money or other property without filing sngta0per cent reduc-the written consent provided for in subsection (in), then his legal tionconsent.representative may proceed for the return of such money or otherproperty in the same manner as such individual might proceed ifliving, and such money or other property may be returned to suchlegal representative without requiring the appointment of anadministrator, or an ancillary administrator, by a court in theUnited States, or to any such ancillary administrator, for distribution Application to pend-directly to the persons entitled thereto. Return in accordance with ing lams.the provisions of this subsection may be made in any case where anapplication or court proceeding by any legal representative, underthe provisions of this subsection before its amendment by theSettlement of War Claims Act of 1928, is pending and undetermined Securities to be re-at the time of the enactment of such Act. All bonds or other security turned.given under the provisions of this subsection before such amendmentshall be canceled or released an d all sureties thereon discharged." Returns to nationals(b) Subsection (e) of section 9 of the Trading with the Enemy of allies.Act, as amended, is amended by striking out the period at the end omended.I, p. 14thereof an d inserting a semicolon an d the following: "nor shall a Prior notice of claimdebt be allowed under this section unless notice of the claim has requred to be filed.been filed, or application therefor has been made, prior to the dateof the enactment of the Settlement of 'War Claims Act of 1928."(c) Subsection (a)of section 9 of the Trading with the Enemy Vol. 42, p. 1515,Act, as amended, is amended to read as follows:1(g) Whenever an individual, deceased, would have been entitled, senativeof deceasedif living, to the return of any money or other property upon filing person on filing 20 perthe written consent provided for in subsection (in), then his legal centreduction, consent.representative may proceed for the return of such money or otherproperty in the same manner as such individual might proceed ifliving, and such money or other property may be returned, uponfiling the written consent provided for in subsection (in), to suchlegal representative without requiring the appointment of an admin-istrator, or an ancillary administrator, by a court in the UnitedStates, or to any such ancillary administrator, for distribution to No prior right affect-the persons entitled thereto. This subsection shall not be construed ad .as extinguishing or diminishing any right which any citizen of theUnited States may have had under this subsection prior to its amend-ment by the Settlement of War Claims Act of 1928 to receive in fullhis interest in the property of any individual dying before suchamendment." SEC. 3. SPatents, etc.ubsections (j)and (k)of section 9 of the Trading with Vol. 42, p. 1515,S~c. 13 Sob. 4ions(j and1(kthe Enemy Act, as amended, are amended so as to comprise three amended.subsections, to read as follows :t~ (iReturn of patents,"(j) The Alien Property Custodian is authorized and directed to etc., not sold, etc.return to the person entitled thereto, whether or not an enemy or allyof enemy and regardless of the value, any patent, trade-mark, print,label, copyright, or right therein or claim thereto, which was con-veyed, transferred, assigned, or delivered to the Alien PropertyCustodian, or seized by him, and which has no t been sold, licensed, If licensed, etc.or otherwise disposed of under the provisions oi this Act, and toreturn any such patent, trade-mark, print, label, copyright, or righttherein or claim thereto, which has been licensed, except that, anypatent, trade-mark, print, label, copyright, or right therein or claimthereto, which is returned by the Alien Property Custodian and

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272 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928.Subject to license, which has been licensed, or in respect of which any contract has beenetc. entered into, or which is subject to any lien or encumbrance, shallApplication to pat- be returned subject to the license, contract, lien, or encumbrance.cuts of Austrians and "(k) Except as provided in section 27 , paragraphs (12) to (22),Hungarians. both inclusive, of subsection (b) of this section shall apply to the

proceeds received from the sale, license, or other disposition of anypatent, trade-mark, print, label, copyright, or right therein or claimthereto, conveyed, transferred, assigned, or delivered to the AlienRoyalties under de Property Custodian, or seized by him.creofcourtto bepaid. "(1) This section shall apply to royalties paid to the Alien Prop-Vol. 40, p. 421. erty Custodian, in accordance with a judgment or decree in a suitException. brought under subsection (f) of section 10; but shall not apply to

any other money paid to the Alien Property Custodian under sec-New subsections. tion 10.,Vol. 42 , p. 1515, SEC. 14. Section 9 of the Trading with the Enemy Act, as amended,amended. is amended by adding at the end thereof the following new sub-Returns to Germs sections:etc., only on filing cn "(in) No money or other property shall be returned under para-sentto20percenttem- graph (12), (13), (14), or (16) of subsection (b)or under subsection

(g) or (n) or (to the extent therein provided) under subsection (p),unless the person entitled thereto files a written consent to a postpone-ment of the return of an amount equal to 20 per centum of theaggregate value of such money or other property (at the time, asnearly as may be , of the return), as determined by the Alien PropertyAmount to be d Custodian, and the investment of such amount in accordance with theducemd from money, provisions of section 25. Such amount shall be deducted from theproceeds of sales of money to be returned to such person, so far as possible, and the bal-

property,etc. ance shall be deducted from the proceeds of the sale of so much ofthe property as may be necessary, unless such person pays the balanceto the Alien Property Custodian, except that no property shall beso sold prior to the expiration of six years from the date of the

Return of retained enactment of the Settlement of War Claims Act of 1928 without theamount. consent of the person entitled thereto. The amounts so deducted shallAnte,p. 269. be returned to the persons entitled thereto as provided in subsectionProvisions for sales ofproperty. (f) of section 25. The sale of any such property shall be made inaccordance with the provisions of section 12, except that the provi-If a return less than sions of such section relating to sales or resales to, or for the benefit$2,00, no reduction Of, citizens of the United States shall not be applicable. If suchconsent required. aggregate value of the money or other property to be returned under

paragraph (12), (13), (14), or (16) of subsection (b) or under sub-section (g) is less than $2,000, then the written consent shall not berequired and the money or other property shall be returned in fullwithout the temporary retention and investment of 20 per centum

Return to owner, by thereof.assignment, of securi- "(n) In the case of property consisting of stock or other interestties, etc., rights to t owhich, but not actual in any corporation, association, company, or trust, or of bonded ortransfer, conveyed toCustodian. other indebtedness thereof, evidenced by certificates of stock or bybonds or by other certificates of interest therein or indebtednessthereof, or consisting of dividends or interest or other accrualsthereon, where the right, title, and interest in the property (but notthe actual certificate or bond or other certificate of interest or indebt-Recognition of as- edness) was conveyed, transferred, assigned, delivered, or paid to thesignment, etc. Alien Property Custodian, or seized by him, if the President deter-mines that the owner thereof or of any interest therein has acquired

such ownership by assignment, transfer, or sale of such certificate orbond or other certificate of interest or indebtedness, (it being theintent of this subsection that such assignment, transfer, or sale shallnot be deemed invalid hereunder by reason of such conveyance,transfer, assignment, delivery, or payment to the Alien Property

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SEVENTIETH CONGRESS. SESS. I. Cn. 167. 1928. 273Custodian or seizure by him) and that the written consent provided Consent to 20 percutit temporary reduc-for in subsection (in) has been filed, then the President may make in tion, to be filed.respect of such property an order of the same character, upon thesame conditions, and with the same effect, as in cases provided forin subsection (b), including the benefits of subsection (c). Transfers to Ger-"(o) The provisions of paragraph (12), (13), (14), (17), (18),mans, Austrians, and(19), (20), (21), or (22) of subsection (b), or of subsection (m) or mingarans not todi-(n) of this section, and (except to the extent therein provided) theprovisions of paragraph (16) of subsection (b), shall not be con-strued as diminishing or extinguishing any right under any otherprovision of this Act in force immediately prior to the enactmentof the Settlement of War Claims Act of 1928. Transfer in trust, in"(p) The Alien Property Custodian shall transfer the money or nameofsuccessorinsin-"(p) The AliensoPropertother property in the trust of any partnership, association, or other terest of claim.unincorporated body of individuals, or corporation, the existence ofwhich has terminated, to trusts in the names of the persons (includ-ing the German Government and members of the former ruling Afamily) who have succeeded to its claim or interest; and the provi-- of successor.sions of subsection (a) of this section relating to the collection of adebt (by order of the President or of a court) out of money or otherproperty held by the Alien Property Custodian or the Treasurer ofthe United States shall be applicable to the debts of such successorand any such debt may be collected out of the money or other prop-erty in any of such trusts if not returnable under subsection (a) of Provisions foi re-this section. Subject to the above provisions as to the collection of turns by successor.debts, each such successor (except the German Government andmembers of the former ruling family) may proceed for the return ofthe amount so transferred to his trust, in the same manner as suchpartnership, association, or other unincorporated body of individuals, Limitation, if 20 peror corporation might proceed if still in existence. If such partner- cent temporary reduc-ship, association, or other unincorporated body of individuals, or tion required.corporation, would have been entitled to the return of its money orother property only upon filing the written consent provided for insubsection (in), then the successor shall be entitled to the returnunder this subsection only upon filing such written consent. Returnto Autrians"(q) The return of money or other property under paragraph (15), and Hungarians, lim-(17), (18), (19), (20), (21), or (22) of subsection (b) (relating to ited to special depositsthe return to Austrian and Hungarian nationals) shall be subject to provion.the limitations imposed by subsections (d) and (e) of section 7 of Ante, p-.2.the Settlement of War Claims Act of 1928."

SEC. 15. The Trading with the Enemy Act, as amended, is amended New sections.by adding thereto the following new sections: Unallocated interestSEC. 26. (a) The Alien Property Custodian shall allocate among fund to be allocatedthe various trusts the funds in the 'unallocated interest fund' (as among the trusts.defined in section 28). Such allocation shall be based upon the aver-age rate of earnings (determined by the Secretary of the Treasury) Bass of.on the total amounts deposited under section 12. at, p. 27p."(b) The Alien Property Custodian, when the allocation has been Paytments to personsI.) entitled by decision ofmade, is authorized and directed to pay to each person entitled, in a court,etc.accordance with a final decision of a court of the United States orof the District of Columbia, or of an opinion of the Attorney Gen-eral, to the distribution of any portion of such unallocated interestfund, the amount allocated to his trust, except as provided insubsection (c) of this section. Amount allocated to"(c) In the case of persons entitled, under paragraph (12), (13), Gernans, etec.,to be(14), or (16) of subsection (b) of section 9, to such return, and in the teresditedagainstrin-case of persons who would be entitled to such return thereunder if all pating certificate.such money or property had not been returned under paragraph (9)or (10) of such subsection, and in the case of persons entitled to such

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274 SEVENTIETH CONGRESS. SEss. I. CI. 167. 1928.return under subsection (n) of section 9, an amount equal to theaggregate amount allocated to their trusts shall be credited against

Ante, p. 268. the sum of $25,000,000 invested in participating certificates underparagraph (1) of subsection (b) of section 25. If the aggregateamount so allocated is in excess of $25,000,000, an amount equal toDistribution prorata the excess shall be invested in the same manner. Upon the repay-ment of any of the amounts so invested, under the provisions of sec-tion 4 of the Settlement of War Claims Act of 1928, the amount sorepaid shall be distributed pro rata among such persons, notwith-

Fund available for standing any receipts or releases given by them.expenses, etc. "(d) The unallocated interest fund shall be available for carryingout the provisions of this section, including the expenses of makingthe allocation.Amounts paid by 1 Src. 27. The Alien Property Custodian is authorized and directedUnited States for pat-ants, etc., to be re- to return to the United States any consideration paid to him by theturned. United States under any license, assignment, or sale by the AlienProperty Custodian to the United States of any patent (or any righttherein or claim thereto, and including an application therefor and

Unallocated interest any patent issued pursuant to any such application).fund. " SEC. 28. As used in this Act, the term 'unallocated interestConstituted by as- fund' means the sum of (1) the earnings and profits accumulatedcumulation of earningsand profits of invest- prior to March 4, 1923, and attributable to investments and rein-ments. vestments under section 12 by the Secretary of the Treasury, plusVol. 40, p. 423. (2) the earnings and profits accumulated on or after March 4,1923, in respect of the earnings and profits referred to in clauseIf demand has been (1) of this section.made for money, etc., SEC. 29. (a) Where the Alien Property Custodian has madeof enemy, whihwounder demand or requirement for the conveyance, transfer, assignment,

this Act, the demand delivery, or payment to him of any money or other property ofmay bewaived, etc. any enemy or ally of enemy (whether or not suit or proceedingfor the enforcement thereof has been begun and whether or notany judgment or decree in respect thereof has been made or entered)and where the whole or any part of such money or other propertywould, if conveyed, transferred, assigned, delivered, or paid to him,be returnable under any provision of this Act, the Alien PropertyCustodian may, in his discretion, and on such terms and conditionsas he may prescribe, waive such demand or requirement, or acceptin full satisfaction of such demand, requirement, judgment, ordecree, a less amount than that demanded or required by him.No waiver uless (b) The Alien Property Custodian shall not make any suchapproved by AttorneyGeneral. waiver or compromise except with the approval of the AttorneyUnless written con- General; nor (if any part of such money or property would besent filed for 20 per (cent temporary reduc- returnable only upon the filing of the written consent required