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I no v find that, when called to active duty, a general officer of the Army can receive only the retired pay of his grade, and, in order to accomplish what I propose, it will be necessary to have special legislative authority. I therefore request that a proviso be inserted in the pending bill amending the original act approximately as follows:
Provided, That the Secretary of War may detail to active duty in connection with the execution of the act approved March 2, 1929, Major General B. F. Cheatham, United States Army, retired, who while on such active duty shall receive the full pay and allowances of a major general on the active list, notwithstanding existing laws relative to the pay of officers of the Army.” Sincerely yours,
PATRICK J. HURLEY,
Secretary of War. Following is a portion of the communication from the President of the United States:
The act approved March 2, 1929 (45 Stat. 1508), authorizes the Secretary of War to arrange for pilgrimages to cemeteries in Europe by mothers and widows of members of the military or naval forces of the United States who died in the military or naval service at any time between April 5, 1917, and July 1, 1921, and whose remains are now interred in such cemeteries. The act further provides that, upon acceptance of the invitation of the United States, each eligible mother or widow shall be entitled to make one such pilgrimage; that the pilgrimages shall be made at such times during the period May 1, 1930, to October 31, 1933, as may be designated by the Secretary of War; and that suitable transportation, accommodations, meals, and other necessities pertaining thereto, as prescribed by the Secretary of War, shall be furnished each mother or widow included in any pilgrimage for the entire distance at sea and on land and while sojourning in Europe and while en route in the United States from home to port and from port to home.
In compliance with section 3 of the above-mentioned act of March 2, 1929, the Secretary of War made an investigation for the purpose of determining (1) the total number of mothers and widows entitled to make the pilgrimage, (2) the number of such mothers and widows who desire to make the pilgrimage, (3) the number who desire to make the pilgrimage during the calendar year 1930, and (4) the probable cost of the pilgrimages to be made. A report of his investic gations was submitted to Congress under date of December 6, 1929, and printed as House Document No. 140, Seventy-first Congress, second session. This report sets forth that 6,730 mothers and widows desire to make the pilgrimage, of which number 5,323 desire to make the pilgrimage during the calendar year 1930. The total estimated cost of the pilgrimages, in the light of present information, is $5,653,200.
INTER-AMERICAN CONGRESS OF RECTORS, DEANS, AND
EDUCATORS IN GENERAL
JANUARY 27, 1930.—Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. MORGAN, from the Committee on Foreign Affairs, submitted the
[To accompany H. J. Res. 207]
The Committee on Foreign Affairs, to which was referred House Joint Resolution 207, authorizing an appropriation to defray the expenses of participation by the Government of the United States in the Inter-American Congress of Rectors, Deans, and Educators in General to be held at Habana, Cuba, on February 20, 1930, having had the same under consideration, reports thereon with the recommendation that the resolution do pass with the following amendment:
Page 1, line 4, after the word "States" insert the following: "by means of delegates to be appointed by the President."
The passage of this resolution is recommended by the President in his message to Congress of December 17, 1929, which follows: To the Congress of the United States:
I commend to the favorable consideration of the Congress the inclosed report from the Secretary of State, to the end that legislation may be enacted to authorize an appropriation of $5,000 for the expenses of participation by the United States in the inter-American congress of rectors, deans, and educators in general, to be held at Habana, Cuba, on February 20, 1930.
HERBERT HOOVER. THE WHITE HOUSE, December 17, 1929.
DEPARTMENT OF STATE,
Washington, December 16, 1929. The PRESIDENT:
In compliance with & resolution of the Fifth International Conference of American States and later resolutions of the governing board of the Pan American Union, an inter-American congress of rectors, deans, and educators in general, will be held in Habana, Cuba, February 20, 1930, to consider the organization of an inter-American institute of intellectual cooperation which will have for its immediate aims: (a) The stimulation and systematizing of the exchange of professors and students; (b) the promotion, in the secondary and superior schools of all the American countries, of the creation of special chairs of history, geography, literature, sociology, hygiene, and law, principally constitutional and commercial law; and (c) to favor the creation of a university town, or student's home in the countries of America.
The Cuban Government has extended an invitation to the Government of the United States, as well as to the other Governments of the Americas, to send delegates to this congress.
In view of the laudable aims inspiring the invitation from the Cuban Government, and of the closer understanding among the countries of the Americas, which should undoubtedly result from the holding of such a congress, I have the honor to recommend that the Congress be asked to enact legislation authorizing an appropriation of $5,000 for the expenses of delegates of the United States to the inter-American congress of rectors, deans, and educators in general, to be held in Habana, Cuba, on February 20, 1930. As a matter of convenience, a tentative draft of the proposed legislation is inclosed herewith. Respectfully submitted.
H. L. STIMSON.
CODIFICATION OF INTERNATIONAL LAW
JANUARY 27, 1930.-Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. PORTER, from the Committee on Foreign Affairs, submitted the
[To accompany H. J. Res. 223]
The Committee on Foreign Affairs, to which was referred H. J. Res. 223, to provide for the expenses of participation by the United States in the International Conference for the Codification of International Law in 1930, having had the same under consideration, reports thereon with the recommendation that the resolution do pass with the following amendments:
Page 1, line 5, after the word “States" insert the following: "by means of delegates to be appointed by the President."
Page 2, line 3, after the word “binding" strike out the words "printing of".
The passage of this resolution is recommended by the President in his message to Congress of December 14, 1929, as follows: To the Congress of the United States:
I commend to the favorable consideration of the Congress the inclosed report from the Secretary of State, to the end that legislation may be enacted to authorize an appropriation of $50,000 for the expenses of participation by the United States in the International Conference for the Codification of International Law, to be held at The Hague beginning March 13, 1930.
HERBERT HOOVER. THE WHITE HOUSE, December 14, 1929.
DEPARTMENT OF STATE,
Washington, December 12, 1929. The PRESIDENT:
This Government has received from the secretary general of the League of Nations an invitation dated October 15, 1929, to attend an international conference to be held at The Hague beginning March 13, 1930, for the purpose of considering the codification of international law. The subjects to be taken up at this conference are: (1) Nationality, (2) territorial waters, and (3) responsibility of States for damage caused in their territory to the person or property of foreigners.
HR-71-2-VOL 2 -7
Each of these subjects is of great importance in the conduct of the foreign relations of this Government. Troublesome questions of dual nationality are constantly arising in connection with our efforts to protect American citizens abroad. It is frequently found that the persons whom we endeavor to protect or assist, although American citizens under our law, by birth are also regarded as citizens or subjects of the foreign States concerned under their laws. Like difficulties are frequently encountered in the case of naturalized citizens. Several countries do not recognize the expatriation of their nationals by naturalization in foreign countries. The result is that naturalized American citizens, formerly nationals of those countries, on returning to their native lands are still regarded as nationals and frequently find themselves in difficulties under the laws pertaining to military service, taxation, etc. It is, therefore, very desirable that these conflicts between the national laws of the various countries should, in so far as is possible, be reconciled.
The question of territorial waters is likewise important. The conference will consider, among other things, the breadth of the territorial waters under the sovereignty of the coastal State; the distance to which the coastal State may exercise authority on the high seas to prevent the infringement within its territory or territorial waters of its customs or sanitary regulations, or interference with its security; the points from which the belt of territorial waters is to be measured; methods by which territorial waters of islands and groups of islands are to be determined; questions pertaining to the right of innocent passage of foreign merchant vessels and of foreign war ships through the territorial waters of a State; the right of local authorities to make arrests on board foreign merchant vessels within or passing through such territorial waters; and the continuation on the high seas of pursuit begun within territorial waters.
It will readily be appreciated that, in view of the extent of the coast line of the United States and the magnitude and importance of American shipping, these questions are of vital interest to this Government.
The third question, namely, that of responsibility of States for damage caused in their territory to the person or property of foreigners, is of tremendous importance to this Government. The conference will consider, among other subjects involving questions of State responsibility, the repudiation by legislativer executive acts
of debts of the State, and failure to comply with obligations resulting from debts; refusal to allow foreigners access to judicial tribunals; delays on the part of such tribunals, ill will manifested toward foreigners, and procedure resulting in a miscarriage of justice; acts and omissions of officials, including those of diplomatic and consular officers, and political subdivisions of a State, such as communes, Provinces, etc.; acts of armed forces, such as the requisitioning, occupation, and damage to or destruction of property; insurrection, riot, mob violence, and other distrubances; and responsibility of a State intrusted with the conduct of the foreign relations of another State or political unit for damages suffered by foreigners in the territory of the latter State or political unit.
In view of the effect upon the conduct of our foreign relations, particularly the protection of American life and property in foreign countries, of conclusions which may be reached at this conference on the various subjects to be considered I think it most important that this Government should be represented at the conference by delegates, technical advisers, and other necessary personnel.
I, therefore, submit the inclosed draft of a joint resolution for which I recommend that the favorable consideration of the Congress be requested. Respectfully submitted.
HENRY L. STIMSON.