Arbitration Series: Salem claim

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U.S. Government Printing Office, 1935
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Pagina 582 - If any alien who shall have secured a certificate of citizenship under the provisions of this Act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States...
Pagina 22 - ... five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Pro-vided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to...
Pagina 283 - It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself.
Pagina 269 - The proposition that those who resort to foreign countries are bound to submit to their laws, as expounded by the judicial tribunals, is not disputed. The exception to this rule, however, is that when palpable injustice — that is to say, such as would be obvious to...
Pagina 283 - Court observes that it is a principle of international law, and even a general conception of law, that any breach of an engagement involves an obligation to make reparation.
Pagina 269 - ... judicial tribunals is not disputed. The exception to this rule, however, is that when palpable injustice, that is to say, such as would be obvious to all the world, is committed by that authority towards a foreigner, for alleged infractions of municipal law, of treaties, or of the law of nations, the Government of the country whereof the foreigner is a citizen or subject has a clear right to hold the country whose authorities have been guilty of the wrong, accountable therefor.
Pagina 267 - No demand can be founded, as a rule, upon more objectionable forms of procedure or the mode of administering justice in the courts of a country; because strangers are presumed to consider these before entering into transactions therein. Still, a plain violation of the substance of natural justice, as, for example, refusing to hear the party interested, or to allow him opportunity to produce proofs, amounts to the same thing as an absolute denial of justice...
Pagina 132 - Every one knows how unsafe it is to rely upon any one's opinion concerning the niceties of penmanship. The introduction of professional experts has only added to the mischief instead of palliating it, and the results of litigation have shown that these are often the merest pretenders to knowledge whose notions are pure speculation.
Pagina 266 - ... cleavage between these two categories of governmental acts lies in the following. In cases of direct responsibility, insufficiency of governmental action entailing liability is not limited to flagrant cases such as cases of bad faith or wilful neglect of duty. So, at least, it is for the nonjudicial branches of government. Acts of the judiciary, either entailing direct responsibility or indirect liability (the latter called denial of justice, proper), are not considered insufficient unless the...
Pagina 22 - Turkish dominions for five years will be presumed to have ceased to be an American citizen. The presumption may be overcome in either case by his presenting to a diplomatic or consular officer of the United States proof establishing the following...

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