New-York tribune., 1920-10-06


lea, CD Caribbean yves. Indies. Cuba,
Mexico, Central America and northern
countries of South America). (3) Medi-
terranean, Levant and Black Sea, (4)
West coast of the Americas, (5l India,
(6) Africa, CD East Asia (Siberia,
Philippine Islands, Japan, China,
Straits Settlements and west coasts Of
North America), and (S) the Persian
Gulf. Ships engaged in the foregoing
services enumerated under subdivision
(b) of this section shall have liberty of
call as required at Baltic. English,
Dutch, Belgian, French, Portuguese,
Spanish, Italian and other European
ports
1t is stipulated that it is the inten-
ton to inaugurate these services as
soon as practicable after the date of
the agreement.
The title of the agreement reads:
agreement made this 10th day of
June. 1920, between American Ship and
Commerce Corporation, corporation
organized and existing under the laws
of the State of Delaware, party of the
first part. and Hamburg- g-Amerikansc sche
etfahrt- Al tien-G Gesellschaft, a cor
poration organized and existing under
the laws of Germany, commonly known
as the Hamburg American Line, party
of the second part"
Some of the provisions are:
The fundamental principle of this
agreement is the operation of each
service as an enterprise in which each
party shall have the RIGHT to partici-
pate with an equal amount of ton
mage (always calculated in gross reg
lister tons), so that if at any time
there is an unequal division of tom
mage in any service, and additional
tonnage is required, the party having
less than its equal share is to have a
prior RIGHT to supply additional ton
mage up to such equal share.
The parties will agree from time to
settlement as between themselves in re-
gard to the earnings Of the services to
be conducted hereunder
he corporation Is to act as agent
for the line in United States ports, and
the line is to act as agent for the
corporation in German ports, for all
ships which may be employed in all the
services established under this agree
ment. The compensation for both
parties as agents shall be agreed upon
from time to time. Each Of the parties
reserves the right to establish an Of
fec in the country of the other, either
IN its own name or in any other name,
Tor the purpose of supervising the car
rylng out of the provisions of this
agreement and to do shipping busi-
ness not in conflict with the services
contemplated or established hereun-
Agreement Can Be Reversed
at is agreed that if it shall appear
at any time that q revision of any of
the provisions of this agreement or
any agreements which may be made
from time to time pursuant or supple
mental hereto is required under the
laws of the respective countries, or
that the practical operation of its pro-
visions results in an inequitable bur
den on either Of the parties owing to
lmperfection in the form of any such
agreements or to special circum-
stances, not within the contemplation
CT the parties at the time of the ex-
ecutlon, then a revision of any such
agreements will be made for the pu%
pose of making the provisions thereof
conform to such laws or of securing
lellet from such an inequitable bur
den.'
. a war clause which constitutes
Section 16 of the operating agreement
provides:
"ln the event of future war be-
tween the United States and Germany
this agreement shall terminate and
all rights and obligations hereunder
shall cease and be at and end except
the right Of either party to demand
and receive a settlement Of accounts as
OF the date of such termination as
soon as such accounting and settlement
lawfully may be made
"ln the event of war between either
the United States or Germany and any
other country, the party whose country
is at war, at its option, may withdraw
from any services established hereun
der, and as to such services the pro
visions of this agreement Shall be
deemed suspended for the duration of
the war, and during such suspension
the party whose country is not at war
shall have the right to continue for
It's own account any of the services
from which the other party has with
drawn. as Independent services freed
and discharged from all obligations un-
der this agreement
"Within a reasonable time after the
conclusion of hostlities, the party
withdrawing from the service NAV re-
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