Decisions and Opinions from January 1, 1933 to October 30, 1939: (excepting Decisions in the Sabotage Claims of June 15 and October 30, 1939) and Appendix, 1933-1939
U.S. Government Printing Office, 1940 - 142 strani
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additional award admissibility after-discovered evidence Agent filed agreed Agreement of August allegations American Agent American Commissioner's amount ANDERSON American Commissioner answer apply behalf bill of particulars Certificate of Disagreement claim claimant collusion Commis Commission Commissioner's Opinion Commissioners disagree compulsory administration considered court December 15 decided decision of December dence discussed Docket Drier fact February 15 fraud German Agent German Agent's Motion German Commissioner's German Government hearing January January 14 judgment juridical jurisdictional question Lehigh Valley Railroad matter memorandum ment merits mission Mittag National Commissioners November November 18 November 21 October 31 oral argument paragraph party pending petition petition for rehearing power to reopen present procedure proceedings provision question of reopening rebuttal evidence reconsider record rendered reply res judicata right to reopen Rost sabotage second award sion statement submitted thema probandum tion Treaty of Berlin Treaty of Versailles Umpire Umpire's decision Umpire's ruling Washington witnesses Wozniak
Stran 1086 - TO DETERMINE THE AMOUNT TO BE PAID BY GERMANY IN SATISFACTION OF GERMANY'S FINANCIAL OBLIGATIONS UNDER THE TREATY...
Stran 1084 - ... 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 1040 - ... or will be taken hereafter with regard to enemy property, and which have had or will have the effect of removing from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory administration, and of sequestration ; or measures which have had or will have as an object the seizure of, the use of, or' the interference with enemy assets, for whatsoever motive, under whatsoever form or in whatsoever place.
Stran 1148 - 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 1122 - 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 1129 - 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 any...
Stran 1120 - Commission are to be determined according to the nature of the functions 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 1132 - The petition now under consideration presents, in the main, a situation different from either of those above discussed. Its allegations are that certain witnesses proffered by Germany furnished the Commission fraudulent, incomplete, collusive, and false evidence which misled the Commission and unfairly prejudiced the claimants' cases; that certain witnesses, including some who previously testified, who are now within the United States, have knowledge and can give evidence which will convince the...
Stran 1127 - States," some of whom are specifically named in the petition, " who have knowledge of facts and 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...