Page:United States Statutes at Large Volume 49 Part 1.djvu/194

 74TH C ONGRESS. SESS. I. CH. 55. APRIL 10, 1935 . 149 [CHAPTER 55.] AN ACT April 10, 1935. To establish a commission for the settlement of the special claims comprehended 	[s. 1068 .] within th e terms of the convention bet ween the United States of Ame rica and [Public, No. 30.1 the United Mexican States concluded April 24, 1934 . Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That (a) there is hereby established a commission to be known as the " Special Mexican Claims Commission" (hereinafter referred to as the "Com- mission ") which shall be composed of three commissioners, learned in the law, to be appo int ed by the Pre sid ent. Such Commis- sion shall have jurisdiction to hear and determine, as hereinafter provided, conformable to the terms of the Convention of Septem- ber 10, 1923, and justice and equity, all claims against the Repub- lie of Mexico, notices of which were filed with the Special Claims Commission, United States and Mexico, established by said Con- vention of September 10, 1923, in which the said Commission failed to award compensation, except such claims as may be found by the Committee, provided for in the special claims Convention of April 24, 1934, to be General Claims and recognized as such by the General Claims Commission. For the purpose of this Act, claims which were brought to the attention of the American agency charged with the prosecution of claims before the aforesaid Commission, prior to the expiration of the periods specified in the convention of September 10, 1923, for the filing of claims, but which, because of error or inadvertence, were not filed with or brought to the atten- tion of the Commission within the said periods, shall be deemed to ha ve been fi led with t he Commiss ion within such peri ods. (b) The President shall designate one of such commissioners as chairman of the Commission. Not more than two of such commis- sione rs shall b e members of the sam e politica l party. E ach co m- missioner shall be a citizen of the United States, shall hold office until the functions of the Commission are terminated, and shall receive a salary at the rate of $7,500 a year. Any vacancy that may occur in the membership of the Commission shall be filled in the sa me mann er as in the case of an original appointment. . Two members of the Commission shall constitute a quorum for the trans- action of its business. SEC. 2. The Commission shall have a secretary, and such addi- tional legal, clerical, and technical assistants as may be approved and ap pointed by the Secreta ry of St ate, an d at the rates of compensa tion fixed by him. SEC. 3. (a) Before taking up his duties, each commissioner shall make and subscribe a solemn oath or declaration that he will care- fully and impartially examine and decide all claims according to the best of his judgment and in accordance with the evidence and the appl icable pri nciples of justice a nd equity, and the t erms of the said convention of September 10, 1923. All decisions by the Commission, which shall be by majority vote, shall constitute a full and final disposition of the cases decided. Such decisions shall be based upon the present records in the cases and such additional evidence and writt en legal c ontentions as may be ~presented within such period as may be prescribed therefor by the Commission. (b) The Com miss ion sha ll h ave aut hori ty, in its disc ret ion, to m ake indepe ndent inve stigation s of cases. Fo r t he purpose of all investigations which, in the opinion of the Commission, are necessary a nd proper for carryi ng out th e provisio ns of this Act, each com- missioner is empowered to administer oaths and affirmations, subpena w itne sses, ta ke e viden ce, and requ ire the produ ctio n of boo ks, paper s, o r other do cuments wh ich the c ommissione r or the C ommission deems r elevant to the inquiry. Special Mexican claims Commission. Establishment; com- position, etc. Post, pp. 590, 1321 . Jurisdiction. Vol .43,p. 1723 . Vol. 48, p. 1844, Filing claims. Chairman . Co mmissi oners ; qualifications. Sal ary. Vacancies. Quorum. Sec retary ; a ssis tan ts. Oath. Com miss ion' s de ci- sions. Basis of. Independent investi- gati ons pe rmi tted. Authority conferred.