Evening star., 1922-08-11

Justice William r. Day Of the United
States Supreme Court was named by
President Harding for the position
of umpire. on the request OF the
German government that thlS post
be given to an American.
Statement by the Department..
The statement issued by the State
Department in regard to the COM
mission follows:
States and Germany providing for
the determination Of the amount OF
the claims against Germany was
signed yesterday in Berlin. This
agreement provides for claims
commission composed of two COM
missioner is to be named by each
government. and the two govern
ments are to agree upon an umpire.
The umpire Is to decide finally upon
any questions as to which the COM
m!ssioners may disagree.
simultaneously with the signing OF
the agreement the German govern
ment expressed its desire to have an
American citizen appoitend as the UNI
pir and requested the President Of the
United States to make the designation
accordingly. Pursuant to this request.
the President has named as umpire
William r. Day. associate justice OF
the United States Supreme Court. The
name of the American commissioner
will be announced later.
Text Of Agreement.
The agreement Is as follows:
The United States of America and
Germany. being desirous of deter
mining the amount to be paid by Ger
many in satisfaction of Germany's 8
financial obligations under the treaty
concluded by the two governments
on August rs, 1921, which secures to
the United States and it's nationals
rights specified under resolution
of the Congress OF the United States
Of July 2, 1921. including rights un-
der the treaty Of Versailles. have re-
solved to submit the question for de-
cision to mixed commission and
have appointed as their plenipoten-
tiaries for the purpose OF concluding
the following agreement:
THE President of the United States
of America. and
The President of the German en-
pi!e .....
Who. having communicated their
full powers. found to be in good and
due form. have agreed as follows:
Article 1.
The commission shall pass upon
the following categories of claims
which are more particularly defined
III tHc treaty OF AukuSl 20, lSSl ana
in the treaty of Versailles:
"UD Claims of American citizens.
arising since July 81, 1914. in respect
of damage to, or seizure of. tE cir
property, rights and interests. !nclud-
ing any company or association in
which they are interested. within
German territory as it existed on
August 1. 1914.
"(2) Other claims for loss or dam
age to which the United States or its
nationals have been subjected with
respect to injuries to persons. or to
property. rights and interests ,includ-
ing any company or association in
which American nationals are inter-
ested. since July 81, 1914. as conse-
quence of the war.
"(3) Debts owing to American citi-
zens by the German government or
by German nationals.
Article II.
The government of the United
States and the government OF Ger
many shall each appoint one commits
sioner. The two goveFpments shall
by agreement select an Umpire to de-
eide upon any cases concerning which
the Commissioners may disagree. or
upon any points of difference that
may arise in the course of their pro-
ceedings. Should the umpire or any
of the commissioners die or retire. or
be unable for any reason to discharge
his functions. the same procedure
cancy as was followed in appointing
him.
Article HI.
The commissioners shall meet at
within two months after
the coming into force of the present
agreement. They may fix the time
and the place of their subsequent
according to convenience.
Article ".
The commissioners shall keep an
accurate record Of the questions and
cases submitted and correct minutes
of their proceedings. To this end
a secretary and these secretaries
shall act together as joint secre-
taries Of the commission and shall be
subject to it's direction.
THE commission may also appoint
and employ any other necessary Of
formance of its duties. The compen-
sation to be paid to any such officer
or officers shall be subject to the ap-
proval of the two governments.
Article v.
Each government shall pay its
own expenses. including compensa-
ton of its own commissioner, agent
or counsel All other expenses which
by their nature are a charge on both
arium of the umpire, shall be borne
by the two governments in equal
moietieS.
Article vi.
The two governments may desig-
nate agents and counsels who may
present oral or written arguments
to the commission.
The commission shall receive and
consider all written statements or
documents which may be presented
to 1t by or on behalf of the respective
in support OF or in an
swer to any claim.
"The decisions of the commission
and those of the umpire Gin case
there may be any shall be accepted
as final and binding upon the two
Article VII
THE present agreement shall come
into force on the date Of its sigma
ture."
Germany's Request.
The note requesting the President
umpire. which was addressed to Am
bassador Houghton. is as follows:
"Mr. Ambassador:
"The agreement concluded today
for the settlement of the amount of
American claims for damages pro-
vided by article 2, that on the basis
of an agreement between the two
concerned an umpire
shall be chosen. The German gov
ernment Is convinced of the intention
Of the American government to carry
out in. an accommodating and just
manner the settlement Of the ques-
tions still to be solved between the
two states concerned. the way to
which Is opened by the signature of
the agreement. It Is still farther
streng lhened in this belief by the as
zurance received from YOUR excel.