who shall carry openly any such weapon, with intent to unlawfully use the same, shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not exceeding one year, or both: Provided, That the officers, noncommissioned officers, and privates of the United States Army, Navy, or Marine Corps, or of any regularly organized militia company, police officers, officers guarding prisoners, officials of the United States or the District of Columbia engaged in the execution of the laws for the protection of persons or property, when any of such persons are on duty, shall not be liable for carrying necessary arms for use in performance of their duty: Provided further, That nothing contained in this section shall be so construed as to prevent any person from keeping or carrying about his place of business, dwelling house, or premises any such dangerous or deadly weapon, or from carrying the same from place of purchase to his dwelling house or place of business, or from his dwelling house or place of business to any place where repairing is done to have the same repaired and back again: Provided further, That nothing contained in this section shall be so construed as to apply to any person who shall have been granted a written permit to carry such weapon or weapons by any judge of the police court of the District of Columbia; and authority is hereby given to any such judge to grant such permit for a period of not more than one month at any one time, upon satisfactory proof to him of the necessity for the granting thereof, and, further, upon the filing with such judge of a bond, with sureties to be approved by said judge, by the applicant for such permit, conditioned to the United States in such penal sum as said judge shall require for the keeping of the peace, save in the case of necessary self-defense by such applicant during the continuance of said permit, which bond shall be put in suit by the United States for its benefit upon any breach of such condition.

"SEC. 856. All such weapons, as herein before described, which may be taken from any person offending against any of the provisions of the last preceding section shall, upon conviction of such person, be disposed of as may be ordered by the judge trying the case, and the record shall show any and all such orders relating thereto as a part of the judgment in the case.

"SEC. 857. SELLING, AND SO FORTH, TO MINORS.-Any person or persons who shall, within the District of Columbia, sell, barter, hire, lend, or give to any minor under the age of twenty-one years any such weapon as hereinbefore described, shall be deemed guilty of a misdemeanor and shall upon conviction thereof, be fined not more than one hundred dollars or be imprisoned not more than three months, or both. No person shall engage in or conduct the business of selling, bartering, hiring, lending, or giving any weapon or weapons of the kind hereinbefore named without having previously obtained from the Commissioners of the District of Columbia a special license authorizing the conduct of such business by such person, and the said commissioners are hereby authorized to grant such license, without fee therefor, upon the filing with them by the applicant therefor of a bond with sureties to be by them approved, conditioned in such penal sum as they shall fix, to the United States, for the compliance by said applicant with all the provisions of this section, and upon any breach or breaches of said condition said bond shall be put in suit by said United States for its benefit, and said commissioners may revoke said license. Any person engaging in said business without having previously obtained said special license shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars nor more than five hundred dollars, of which one-half shall be paid to the informer, if any, whose information shall lead to the conviction of the person paying said fine; and in default of payment of said fine shall be imprisoned for not more than six months. All persons whose business is to sell, barter, hire, lend, or give any such weapon or weapons shall be, and they hereby are, required to keep a written register of the name and residence of every purchaser, barterer, hirer, borrower, or donee of any such weapon or weapons, together with a full description of such weapon, which register shall be subject to the inspection of the major and superintendent of the Metropolitan police of the District of Columbia; and, further, to make a report, under oath, on or before the first Tuesday of each and every month, to said major and superintendent of all such sales, barterings, hirings, lendings, or gifts, together with the respective names and residences of the persons buying or receiving such weapon. Any person failing to keep such register or to make such reports shall be fined not more than one hundred dollars and the commissioners may revoke his license."

О

PAYMENT OF CERTAIN EXPENSES IN CONNECTION WITH THE ADJUDICATION OF LATE CLAIMS BY THE MIXED CLAIMS COM. MISSION

FEBRUARY 17, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HAWLEY, from the Committee on Ways and Means, submitted the following

REPORT

[To accompany H. R. 8881]

The Committee on Ways and Means, to whom was referred the bill (H. R. 8881) to carry out the recommendation of the President in connection with the late-claims agreement entered into pursuant to the settlement of war claims act of 1928, having considered the same, report it back to the House without amendment, with the recommendation that the bill do pass.

The Mixed Claims Commission, United States and Germany, was created by the agreement between the United States and Germany of August 10, 1922. This agreement provided that the claims of American nationals for losses for which Germany was responsible should be submitted to the Mixed Claims Commission and awards entered against Germany. By an exchange of notes at the time the agreement was entered into, it was agreed to restrict the jurisdiction. of the commission to claims filed with it within six months from the date of its first meeting. This period expired on April 9, 1923.

However, the claims of a large number of American nationals were not presented within the time specified. Accordingly, the settlement of war claims act contained a provision (subsection (j) of section 2) requesting the President to enter into an agreement with the German Government under which the Mixed Claims Commission would be given jurisdiction of claims filed with the Department of State before July 1, 1928, if the claims were of the same character as those of which the commission had jurisdiction under the original agreement.

In accordance with the above provision of the settlement of war claims act, the President, on December 31, 1928, entered into the agreement with the German Government extending the jurisdiction of the Mixed Claims Commission. (Treaty Series No. 766.)

Section 2 (e) of the act provides for the deduction of one-half of 1 per cent from the amount of each payment under the act in respect of an award of the Mixed Claims Commission, and provides that the amount so deducted shall be deposited in the Treasury as reimbursement for the expenses incurred by the United States in respect thereof. Upon entering into the late-claims agreement, the President agreed to recommend to the Congress that the amount so deducted from the late-claims awards of the Mixed Claims Commission shall be made available to the German Government for defraying its expenses in connection with the adjudication of such claims.

The German Government was under no legal duty to extend the time within which claims could be filed and awards based thereon entered on behalf of American nationals. As a result of the lateclaims agreement, American nationals have been given an opportunity to present their claims and to receive awards against Germany the aggregate amount of which has been estimated to be between $8,000,000 and $10,000,000.

The committee believes that the request of Germany is reasonable, that the amounts so deducted (one-half of 1 per cent of the payments on account of awards to American nationals) be made available to Germany for application toward defraying its administrative expenses in connection with the adjudication of the late claims, and that the undertaking of the President should be carried out.

The bill adds a new subdivision to section 2 of the settlement of war claims act, there being no similar provision in the existing law. Section 2 (e) of the settlement of war claims act, under the authority of which the deductions are now being made, reads as follows:

(e) There shall be deducted from the amount of each payment, as reimbursement for the expenses incurred by the United States in respect thereof, an amount equal to one-half of 1 per centum thereof. The amount so deducted shall be deposited in the Treasury as miscellaneous receipts. In computing the amounts payable under subsection (c) of section 4 (establishing the priority of payments) the fact that such deduction is required to be made from the payment when computed or that such deduction has been made from prior payments, shall be disregarded.

The messages of the President (H. Doc. 556, 70th Cong., and S. Doc. 255, 70th Cong.) are as follows:

CLAIMS OF AMERICAN CITIZENS AGAINST GERMANY

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT FROM THE SECRETARY OF STATE IN RELATION TO THE AGREEMENT BETWEEN THE UNITED STATES AND GERMANY OF DECEMBER 31, 1928, FOR THE ADJUDICATION OF CLAIMS OF AMERICAN CITIZENS AGAINST GERMANY ARISING OUT OF THE WORLD WAR

FEBRUARY 5, 1929.-Referred to the Committee on Ways and Means, and ordered to be printed

To the Congress of the United States:

I transmit herewith a report from the Secretary of State in relation to the agreement between the United States and Germany of December 31, 1928, for the adjudication of claims of American citizens against Germany arising out of the World War, which were not notified to the commission in time to be considered under the agreement of August 10, 1922, between the United States and Germany for the adjudication of American claims.

Subsection (e) of section 2 of the "Settlement of war claims act of 1928" provides that there shall be deducted from the amount of each payment on awards of the Mixed Claims Commission, United States and Germany, as reimbursement for the expenses incurred by the United States in connection with the adjudication of the claims an amount "equal to one-half of 1 per centum thereof," which amount it is provided shall be deposited in the Treasury as miscellaneous receipts.

I recommend that the one-half of 1 per cent which the Secretary of the Treasury is thus authorized to deduct from awards shall, in so far as regards these late claims, be made available to the German Government for defraying such expenses as may be incurred by that Government in connection with the adjudication of such claims.

THE WHITE HOUSE,

February 5, 1929.

HR-71-2-VOL 2-29

CALVIN COOLIDGE.

3

The PRESIDENT:

DEPARTMENT OF STATE,

Washington, February 5, 1929.

I have the honor to submit the following report and recommendation in regard to the agreement concluded between the United States and Germany on December 31, 1928, for the adjudication by the Mixed Claims Commission, United States and Germany, of the so-called late claims against Germany, as contemplated by the "Settlement of war claims act of 1928."

By the agreement of August 10, 1922, between the United States. and Germany, it was provided that all claims of American citizens arising against Germany during the World War should be submitted to a Mixed Claims Commission. At the same time that the agreement was entered into, an understanding was reached by an exchange of notes that in order to receive the consideration of the commission all claims should be presented to it within six months after the first meeting of the commission. That meeting occurred on October 9, 1922, and the time within which claims could be presented to the commission therefore expired on April 9, 1923. It subsequently developed that a large number of claimants, for one reason or another, had failed to present their claims in time to be notified to the commission within the time agreed upon and the matter of concluding a further agreement with Germany whereby the jurisdiction of the commission would be extended so as to permit late claimants to have their claims considered by the commission received attention by the Congress, as a result of which the Congress in the act approved March 10, 1928, known as the "Settlement of war claims act of 1928," section 2, subsection (j), requested you

To enter into an agreement with 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.

Under your direction and pursuant to the request contained in the above-quoted provision, I addressed a note to the German ambassador at this capital on April 3, 1928, inquiring whether the German Government would be willing to enter into an agreement with this Government extending the jurisdiction of the Mixed Claims Commission, United States and Germany, to cover claims which had been barred because they had not been submitted within the time specified.

On May 22, 1928, the German ambassador replied that the German Government would not be able to reach a decision in the matter until it had been advised regarding the number, character, and importance of the claims which might ultimately be submitted to the commission. Steps were immediately taken to make a survey of the late claims and to furnish the German Government with the desired information. A list of the claims as disclosed by the department's survey was furnished the German Embassy on August 17, 1928, and arrangements were made to have the information compiled by the department rechecked by the German agent before the Mixed Claims Commission so that the German Government might have the benefit