The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-02-25
OUR CLAIMS COME FIRST


zens that was seized by the United States
during the war and is now in the hands
of the alien property custodian has value
of S347,o00,00o. This property is held as
security for the payment by Germany of
the claims of American citizens for loss of
life and property at sea previous to April
6, 1917 (the beginning of our war with Ger
many) and for damage or depreciation Of
American property in Germany when in the
hands of the German alien property Gus
todian. The adjudication of these claims
is now in the hands of mixed claims COM
mission, acting under the supervision of the
American department of state.
There are two schools of thought on the
subject of the disposal of this property.
One school advocates that the whole prop
erfy be returned to the owners. The other
school contends that the property should be
Immediately used to pay the American claims
as they are passed upon by the mixed COM
mission.
The Porter-Knox peace resolution, adopted
July 2, 1921, however, appears to give recog-
milton to neither contention, for it says that
the alien property shall be retained until
such time as the German government shall
make suitable provision for the satisfaction
of American claims against said govern
ment. In other words, congress has de-
clared its opinion What The property is simply
a pledge, and not to be utilized unless Ger
many should fail to satisfy the claims of
American citizens.
President Harding suggested the return to
former enemy aliens of property held by the
custodian to the value of $4,000, or less,
in each case. The bill for this purpose was
favorably reported early this month and
was passed by the house on Friday. 1t
is said that after such return there will
be enough of the property left to meet any
possible claims under the awards that will
be made by the mixed commission. Such
return would dispose of about $45,000,000,
leaving about $500, 900 900 in the trust
fund. The alien property custodian says
he believes the administration of the small
trusts of $4,000 and under is uneconomic,
while the return Of the amount indicated
would contribute to the relief of German
conditions and improve trade relations.
The advocates of an immediate use of the
trust fund have some merit in their propo-
sition; for, by Germany's own confession,
there is little in the way of payment to be
expected from Germany for many years to
come. In fact, it may be accepted IS true
that Germany will not satisfy these claims
within reasonable time after the award is
made. and the claimants have rights that de-
serve consideration. 1t is stated in the press
that Senator Underwood is one of the prom
inent men who support the idea of the i'm
mediate use of this property for the purpose
stated.
There is no good argument in favor of
the other proposition, that the property be
at once returned to the German owners, for
that would leave the American claimants no
recourse but by petition to a bankrupt Ger
man government. The United States su-
preme court has but recently decided that
claims arising from acts of war cannot be
collected from the owners of a sunken
steamship but should be passed up to the
German government. The alien property in
the custodian's hands is the only possible
security that such claims will be attended
to and satisfied. Msapplied sympathy for
the German owners is the only basis for the
proposal. We say misapplied, because any
existing sympathy on the part of American
lawmakers should be bestowed upon Amerl-
cans, who have for years waited for the set
Element of their just claims upon the sue
cessors Of an aggressive and piratical gov
ernment that controlled Germany before and
during the World war;