New-York tribune., 1922-08-11
Germany Gets
Place ON w ar
Claims Board
senate Ignored in Pact Pro-
,iding for a Joint Com
mission of Three Men,
Two of Them Americans
I)ay Chosen for Umpire
harding Picks Justice in Re-
sponse TO Berlin Note
asking u. S. Adjudication

pASHfNOlONs re5' aS'
IL, have a voice in determining the
.rrt If the claims of the United
csc. and United States citizens
.r,inss the Berlin government arising
.;,,, the World War began in Europe.
4b;s vas settled to-day when the
s..,s ncpartment announced that an
.rrsement between the United States
I'D Germany providing for the deter
r,;nasion OF the amount of the claims
...;,st Germany had been signed to-
~, n Ber,in. The agreement provides
49, claims commission composed of
-. commissioners and an umpire. The
r..;,ed states is to have one commits.
s;ousr Germany to have one and the
..ro Governments are to agree on
.,,;ra who Ia to decide questions over
! -.h,,b the two commissioners may dis
agree. ~ u,;,,;, p,, .e
az a'Isu.s cnnrsme Court of the United
s.s.ss has been nominated by the
pras;5ent as umpire. The name of the
s,rer;sau commissioner will be an
rourrsd later. The State Department
annonneed. that simultaneously with
s,,e signing Of the agreement the Ger
nan government expressed its desire
- have an American citizen chosen
mmuire. and the President selected JUS
lice Day accordingly.
Senate Not Consulted
The agreement goes into force or
the date of signature, and this means
that the State Department does not re-
gard it as treaty or pact which re-
ouires ratification by the Senate. The
fact that the agree1 ent is not to be
submitted to the Senate is viewed here
as highly important, inasmuch as
there has already been much contep-
tion in the Senate over the compost
ton Of the commission to settle claims
against Germany.
Senator Underwood has introduced
bill providing for an all-American
tribunal to settle the claims. He has
taken the position, and in this he has
strong Senate support, that the claims
es America and American citizens
against Germany growing out of
wrongs done in the World War period,
and including such claims as the Lusi-
ssnia claims, should be settled by all
American commission, and that Ger
many should not have voice in de-
termining them. At the same time. he
has held that the German property in
the hands of the Alien Property Gus
todian should be utilized for payment
Of American claims. Senator Under
wood has served notice that any sepa-
rate treaty with Germany on this sub
iect providing for mixed commits
sion would have difficulty of ratifca-
ticn.
Secretary of State Hughes has evi-
IDENTIFY taken the view there was suffi-
Gent authority under treaty arrange
ments with Germany to agree on a
commission to settle the claims with
will not please those who favor the
Underwood plan. At the same time, the
fact that an eminent American, Justice
Day. is to be umpire will make it diff
cult for any one TO say the rights of
this country and it's nationals will not
be safeguarded. The claims involved,
as listed by the State Department, ex-
sesd s400,000,000. Senator Underwood
however, has estimated the total which
viii De presented at about a billion
dollars.
Agreement Text Given
The text of the agreement follows:
The United States of America and
bermany, being desirous of determin-
Ing the amount to be paid by Germany
10 satisfaction Of Germany's financial
ooiigations under the treaty concluded
sy the Two governments on August 25,
ls2l, which secures the United States
ana Its nationals rights, specified un-
aer q resolution Of the Congress Of
me United States on July 2, 1921, in
GUIDING rights under the Treaty of
versailles. have resolved to submit the
question Tor decision to mixed COM
mission and have appointed as their
plehipotentlaries for the purpose OF
soasiading the following agreement:
The President Of the United States
! r America and
sNire, '"S VI '"' oeih'aA hiD-
4 ,,,, "no, having communicated their
daa ~. powers, found to be in good and
1ue iorm, have agreed as follows:
ARTICLE ONE
a. fne commission shall pass upon
sae loiiowing categories of claims
~. n t are more Particularly defined in
tbe T.y TT.eaty OF August 25, 1921, and in
'ae e. treaty of Versailles:
.-;i.. oiaims of American citizens.
a.tiSiag =. Sasg since July 81, 1914, in respect
sr.,- ~ rainage TO, or seizure of, their prop
a.S as rlghts and. interests, including
49,. -. company or association in which
seg are Interested, within Germany
lsIl. lssy as 1t existed on August l,
i 5h :. Other claims for loss or damage
s;.s y aaicn the United States or its ma
srn.. nave been subjected with re-
s,.' s' 70 injuries to persons OR to prop
s.r ANY flghts and interests, including
sompany or association in which
ssl'can nationals are interested.
ssncs July 81, 1e14, as a consequence
o. the war: 1e'iso
., Debts owing to American citizens
rsr .ne oerman government or by Ger
nan nationals.
ARTICLE TWO
y.lne government of the IJnitec
s.sses and the government Of Ger
sians is snail each appoint one comm,s-
a,raaL Inc two governments shall by
1sas 1ssmeht select an umpire to decide
eema,;ay ;any cases concerning which the
sss;siohers ssg nn;ss may disagree, or upon
n tso tto'Hss OF difference that may arise
ShonlS course of their proceedings.
a5ss,assne vac umpire or any of the COM
sor uaers an. ole or retire, or be unable
t;ons reason to discharge his func-
louai .ne same procedure shall be fol-
sollr-olor lor hliIng the vacancy as was
IN appointing him.
ARTICLE THREE
Easha;es commissioners shall meet at
,ks s'aangson within two months after