Report of American Commissioner, Mixed Claims Commission, United States and Germany, December 30, 1933

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U.S. Government Printing Office, 1934 - 76 strani
 

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Stran 41 - TO DETERMINE THE AMOUNT TO BE PAID BY GERMANY IN SATISFACTION OF GERMANY'S FINANCIAL OBLIGATIONS UNDER THE TREATY...
Stran 39 - ... satisfaction of Germany's financial obligations under the treaty concluded by the two governments on August 25, 1921,* which secures to the United States and its nationals rights specified under a resolution of the Congress of the United States of July 2, 1921, including rights under the Treaty of Versailles, have resolved to submit the questions for decision to a mixed commission...
Stran 72 - The commission shall receive and consider all written statements or documents which may be presented to it by or on behalf of the respective governments in support of or in answer to any claim. The decisions of the commission and those of the umpire (in case there may be any) shall be accepted as final and binding upon the two governments.
Stran 27 - Every tribunal has inherent power to reopen and to revise a decision induced by fraud. If it may correct its own errors and mistakes, a fortiori it may, while it still has jurisdiction of a cause, correct errors into which it has been led by fraud and collusion. " I am of opinion, therefore, that the Commission has power to reopen these cases, and should do so, in order that it may consider the further evidence tendered by the American Agent and, dependent upon its findings from that evidence and...
Stran 8 - They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim...
Stran 76 - That certain important witnesses for Germany, in affidavits filed in evidence by Germany, furnished fraudulent, incomplete, collusive and false evidence which misled the Commission and unfairly prejudiced the cases of the claimants"; (2) "That there are certain witnesses within the territorial jurisdiction of the United States...
Stran 70 - Commission are to be determined according to the nature of the function entrusted to it. I have no doubt that the Commission is competent to determine its own jurisdiction by the interpretation of the Agreement creating it. Any other view would lead to the most absurd results — results which obviously the two Governments did not intend.
Stran 71 - ... paid by Germany in satisfaction of Germany's financial obligations . . .'be determined. The fact that ' amount ' is singular rather than plural and while various claims of American citizens and the Government are involved, in the ultimate Germany is to pay a total ascertained by the addition of all the claims allowed, is said to make the Commission the arbiter of a single suit or action consisting of thousands of counts, each count representing the claim of an American national or of the Government...
Stran 67 - ... can give evidence adequate to convince the Commission of the liability of Germany for the destruction of the Black Tom Terminal and the Kingsland plant, but whose testimony cannot be obtained without authority to issue subpoenas and to subject such witnesses to penalties for failure to testify fully and truthfully ", (3) That evidence can be produced " to show that the Commission has been misled by the German evidence ", (4) " That there has also come to light evidence of collusion between certain...
Stran 39 - The Government of the United States and the Government of Germany shall each appoint one commissioner. The two Governments shall by agreement select an umpire to decide upon any cases concerning which the commissioners may disagree, or upon any points of difference that may arise in the course of their proceedings.

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