Page:United States Statutes at Large Volume 45 Part 1.djvu/307

 256 Consent of applicants assumed. Agreement with Ger- many requested to ex- tend C laims Com mis- sion to July 1, 1928. Post, p. 2698. Awards to be cer- tif ied. Ante, p. 254. German claims again st Uni ted St ates. SEC. 3. (a) There shall be a War Cl aims A rbiter (her einaft er referred to as the "Arbiter "), who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to any provision of law prohibiting the holding of more than Salar y. one office. The Arbiter, notwithstanding any other provision of law, shall receive a salary to be fixed by the President in an amount, if any, which if added to any other salary will make his total salary from the United States not in excess of $15,000 a year. (b) It shall be the duty of the Arbiter, within the limitations hereinafter prescribed, to hear the claims of any German national (as hereinafter defined), and to determine the fair compensation to be~e aid by the United States, in respect of- Merchant vess els (1) Any merchant vessel (including an equipment, appurtenances, taken by the United states• and property contained therein), titl y a e to which was taken by or on Vol. 40, p.75. behalf of the United States under the authority of the Joint Determination of Resolution of May 12, 1917 (Fortieth Statutes, page 75). Such value. compensation shall be the fair value, as nearly as may be determined, of such vessel to the owner immediately prior to the time exclusive possession was taken under the authority of such Joint Resolution, and in its condition at such time, taking into consideration the fact that such owner could not use or permit the use of such vessel, or charter or sell or otherwise dispose of such vessel for use or delivery, prior to the termination of the war, and that the war was not terminated until July 2, 1921, except that there shall be deducted from such value any consideration paid for such vessel by the United States. The findings of the Board of Survey appointed under the authority of s uch Joint Res olution shall be competent evidence in any proceeding before the A rbiter to det ermine the amo unt of such compen sation. (2) Any radio station (incl uding any equi pment, appurt enances, and property contained therein) which was sold to the United States by or under the direction of the Alien Property Custodian under authority of the Trading with the Enemy Act, or any amendment thereto. Such compensation shall be the fair value, as nearly as may be determined, which such radio station would have had on July 2, 1921, if returned to the owner on such date in the same condition as on the date on which it was seized by or on behalf of the United States, or on which it was conveyed or delivered to, or seized by, the Alien Property Custodian, whichever date is earlier, except that there shall be deducted from such value any consideration paid for such radio station by the United States. (3) Any patent (or any right therein or claim thereto, and i nclu ding an appl icat ion ther efor and any pat ent issu ed p ursu ant to any such application) which was licensed, assigned, or sold by the German War Claims Arbiter to be ap- pointed. Claims for compen- sation to be deter - mined by Arbiter. Prior ducted. payments d-- Findings of Board of Survey accepted as evi- dence. Radio station sold to United States. Determinatio,'n of value. Prior payments de- ducted. Patents sold, etc., to Un ited Stat es by Alien Property Custo- dian. SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928 . (i) Any p erson who ma kes a pplica tion f or pa yment under this section shall be held to have consented to all the provisions of this Act. (j) The President is requested to enter into an agreement wit h the German Government by which the Mixed Claims Commission will be given jurisdiction of and authorized to decide claims of the same character as those of which the commission now has jurisdiction, notice of which is filed with the Department of State before July 1, 1928 . If such agreement is entered into before January 1, 1929, awards in respect of such claims shall be certified under subsection (a) and shall be in all other respects subject to the provisions of this section. CLAIMS OF GERMAN NATIONALS AGAINST UNI'lwv STATES

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