Evening star. [volume] (Washington, D.C.) 1854-1972, 1951-07-09

of war with Germany, and most of
them have indicated their willing
ness to take similar action in the
near future-thus lifting Germany
from it's present enemy status.
Ending the state of war with
Germany will have many tangible
Germans who wish to
travel or do business here will re-
ceive the status accorded to ma
tons of other friendly govern
ments. They will no longer be
classed as enemies. While Ger
mans have been permitted to have
commercial relations with this
country since the Presidential
of December 81,
1916, declaring hostilities at an
end, German citizens are still sub
ject to certain disabilities. par
ticularly with respect to suits in
United States courts. General dis
abilities of this kind will be elimi-
mated by the termination of the
present state of war.
The termination of the state of
war with Germany will not affect
the status of the occupation. The
rights of the occupying powers do
not rest upon the existence of a
state of war. as such, and will not
be affected by its legal termina-
ton. The rights of the occupying
powers result from the conquest
of Germany, accompanied by the
diSintegration and disappearance
Of its former government, and the
Allied assumption of supreme au-
thority. We are not Surrendering
these rights by terminating the
state of war. We do intend, how
ever, in agreement with our allies,
to grant the Federal Republic in
creasing authority over its own
affairs, and eventually to see Ger
many restored as fully sovereign
nation.
Similarly, the termination of
the state of war will not affect in
any way the rights or privileges,
such as the right to reparations,
which the United States and its
citizens have acquired with re-
spect to Germany as a result of
the war.
Furthermore, it is not intended
that the termination of the state
of war shall in any way change or
alter the program, which Congress
has authorized. of Selling, under
the Trading with the Enemy Act,
German property in this country
on or before December 81, 1916,
and using the proceeds to pay just
and legitimate claims arising from
the war in accordance with the
War Claims Act of 1948. The
vesting of German property under
this program does not extend to
property acquired since the re-
of trade with Germany
on January /, 1947, following the
cessation of hostilities. 1t is
limited to German property and
rights located here before or dur
ing the period Of hostilities.
Most Property Identified.
Most Of this German property
has already been identified and
vested. This government does not
intend to embark on any new
program in this field. However
some of the property already sub
ject to besting is believed to be
cloaked or hidden and not yet dis
covered, and some is still under
examination or subject to legal
proceedings. Most of the property
remaining invested is involved
in problems of conflicting juris-
diction between this and Other
governments, which are in The
process of settlement by negotia.
ton under authority of legisla.
ton which was enacted in Sep.
TENDER of last year.
Should the vesting power lapse
Immediately, this government
would find it difficult to wind ur
this program in an orderly way
or to carry out its commitments
for the equitable settlement Of in
Itergovernmental differences relat.
ing to enemy property.
! Completion of the vesting o.
wartime enemy property, ever
after the conclusion of peace. i:
commonly accepted practice il
connection with the settlement o.
claims between the nations which
were at war. Our peace treatie.
with Bulgaria, Hungary. Rumanis
and Italy all authorize the con.
tinued vesting and retention O
such property.
In the absence of treaty pro
visions, however, there may b.
legal obstacles to the continue,
vesting Of German property, ate
the termination of the state o
war, unless there are changes II
our existing statutes. Accordin
to the terms of the Trading Wit
the Enemy Act, many Of its pow
Iers expire at the end of the war
a phrase which the act defines +
mean the date of proclaiming tn
exchange of notifications Of ;
treaty of peace. or an earlier dat
fixed by presidential proclama
ton. There is some doubt tina
the vesting powers of the Tradin
With the Enemy Act can be ex
Iercised after the termination o
the state of war. unless expressl
provided for in new legislation.
This doubt should be elimi
mated. and it should be mad
clear that the Congress intend
the yesting of German propert;
for the purpose Of paying wa
claims to continue.
In these circumstances. I be
Ilieve that the best method TO
Terminating the state Of war wit
Germany would be by the enact
ment Of appropriate legislation i
Z