« 이전계속 »
any sum that may be awarded to such claimant shall be paid to such American citizens in accordance with the principles of law and equity."
This claim arose out of a contract, dated 30th March, 1916, between the Seattle Construction and Dry Dock Company of Seattle, Washington, shipbuilders, and Aktieselskabet Rederiet Odfjell, purchasers, whereunder the former were to construct for the latter a 7,500 ton steamship, known as hull No. 92. This contract was, according to the Case of the United States, effected by cable through PAGE BROTHERS, as brokers. With PAGE BROTHERS other shipping and commission firms were associated. The contract was finally completed on 24th June, 1916, and provided for the payment by the purchasers of the brokerage charges of PAGE BROTHERS amounting to $38,000.
From 21st April 1916 onwards, Page BROTHERS received from the purchasers certain instalments of the agreed brokerage, but in the autumn of 1917, Hull No. 92 was requisitioned by the Emergency Fleet Corporation of the United States. On 23rd August 1917 PAGE BROTHERS received the fourth instalment of this brokerage commission from the purchasers, making a total received of $15,200, but after that date no payments were made by the Fleet Corporation on the progress payments which it made to the shipbuilders in fulfilment of the requisitioned contract, PagE BROTHERS have, therefore, claimed a further payment of $22,800 from the Vard II Steamship Company, who are the assignees of Aktieselskabet Rederiet Odfjell, the original purchasers.
The United States have based this claim upon the law of California. The Tribunal has been informed by the United States that it would seem necessary to do no more than cite Section 1559 of the California Civil Code which has never been repealed nor amended since its enactment in 1872. This section reads as follows:
When contract for benefit of third person may be enforced. A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it.
The Tribunal is, however, of opinion that the application of this Statute obviously depends upon the contract in question remaining alive between “ the parties thereto.” This contention is not fulfilled in this case. The contract upon which PAGE BROTHERS claim commission was not alive, so far as Aktieselskabet Rederiet Odfjell and their assignees were concerned, after the requisition of the autumn of 1917. The claim of Page BROTHERS is one for the fulfilment of contractual obligations, but after the requisition there was no contractual relationship between PAGE BROTHERS and any Norwegian subject.
The Tribunal has carefully examined the facts and documents submitted in this claim and has come to the decision that the non-receipt of the balance of their commission by PAGE BROTHERS on the further progress payments made by the Fleet Corporation after it requisitioned the contract, was due solely to the action of the United States.
It is not within the jurisdiction of the Tribunal to decide the question whether Page BROTHERS have any claim against the United States or any of its citizens.
But THE OTHERS Wegiane ing this eet cor dccordine from
of the contract, as i have been deduceding to the cont
But the Tribunal is of opinion that, as the evidence now stands, PAGE BROTHERS have no claim against the Kingdom of Norway or against any Norwegian subject.
The legal position being thus stated, it must, however, be remembered, that if the Emergency Fleet Corporation had paid the balance of the commission to PAGE BROTHERS according to the contract, this amount of $22,800 would have been deducted from the fair market value of the contract, as fixed in the award by this Tribunal, just as the remaining instalments to the shipbuilders, paid by the Emergency Fleet Corporation according to the contract, have been deducted. In these circumstances it appears to be equitable, although the Emergency Fleet Corporation has not yet paid PAGE BROTHERS, to give the United States the right to retain the sum of $22,800 out of the amount awarded in claim 4, in order that this sum can be paid by them to PAGE BROTHERS. This conclusion of the Tribunal is supported by the fact that in the view of the contract owner, who will now receive just compensation for the loss of his ship, the broker's commission was part of the contract price to be paid for the ship.
After the attitude taken up by the United States in this case with regard to the question here discussed, it is assumed that the amount thus to be retained by the United States will be paid by them to PAGE BROTHERS. The decision of the Tribunal is based on this condition.
VIII. For these reasons the Tribunal of Arbitration decides and awards that:
I. The United States of America shall pay to the Kingdom of Norway the following sums: In claim No. 1 by the Skibsaktieselskapet “ Manitowoc " the sum of $845, 000 In claim No. 2 by the Skibsaktieselskapet “ Manitowoc" the sum of 845, 000 In claim No. 3 by the Dampskibsaktieselskapet “Baltimore” the sum of -----
------- 1, 625, 000 In claim No. 4 by the Dampskibsaktieselskapet “ Vard II” the sum of-----------
--------- 2, 065, 000 Out of this amount of $2,065,000 the United States are entitled to retain a sum of $22,800 in order that this sum be paid to PAGE BROTHERS: In claim No. 5 by the Aktieselskapet Sörlandske Lloyd the sum of._ $2, 045. 000 In claim No. 6 by the Dampskibsaktieselskapet Östlandet the sum of_ 2.890.000 In claim No. 7 by Jacob Prebensen jun. the sum of
160,000 In claim No. 8 by the Dampskibsaktieselskapet “Tromp" the sum of. 160,000 In claim No. 9 by the Aktieselskapet “ Maritim” the sum of..--
175, 000 In claim No. 10 by the Aktieselskapet “Haug " the sum of..
175, 000 In claim No. 11 by the Aktieselskapet “Mercator” the sum of..---- 190, 000 In claim No. 12 by the Aktieselskapet Sörlandske Lloyd the sum of_ 205, 000 In claim No. 13 by H. Kjerschow the sum of_---
205,000 In claim No. 14 by Harry Borthen the sum of--
205, 000 In claim No. 15 by E. & N. Evensen the sum of--
205,000 II. The claim made by the United States of America on behalf of PAGE BROTHERS is disallowed as against the Kingdom of Norway, but a sum of $22,800 may be retained by the United States as stated under claim No. 4 above.
Done at The Hague, in the Permanent Court of Arbitration, October 13th, 1922.
The President: JAMES VALLOTTON.
AVAILABLE SUPPLY OF ARSENIC
· FROM THE SECRETARY OF AGRICULTURE
TO MEET THE DEMAND IN 1923
JANUARY 16 (calendar day, JANUARY 18), 1923.-Referred to the
Committee on Agriculture and Forestry and ordered to printed
LETTER OF TRANSMITTAL.
DEPARTMENT OF AGRICULTURE,
, Washington, January 17, 1923. Hon. CALVIN COOLIDGE,
President of the Senate. DEAR MR. PRESIDENT: In response to Senate Resolution No. 377, copy of which was duly received by the department, I am transmitting herewith a joint report on the available supply of arsenic to meet the demand in 1923, by Mr. B. R. Coad, of the Bureau of Entomology of this department, and Mr. G. F. Loughlin, of the United States Geological Survey of the Interior Department. There is also inclosed a letter from the Secretary of the Interior transmitting the report to this department. Very truly yours,
HENRY C. Wallace,
LETTERS OF SUBMITTAL.
DEPARTMENT OF THE INTERIOR,
Washington, January 15, 1923. The SECRETARY OF AGRICULTURE.
Sir: Senate Resolution No. 377 provides that, Whereas there is an emergency confronting the agricultural interests of the country in view of the difficulty in obtaining arsenical insecticides for alleviating the ravages of insect pests and especially the great need for calcium arsenate for the control of the boll weevil: Therefore be it
Resolved, That the Secretary of Agriculture, through the Bureau of Entomology, in cooperation with the Department of the Interior, through the United States Geological Survey, is hereby authorized and directed to investigate the supply of white arsenic in the United States and the possible development of additional sources of supply and to report the same to Congress at the earliest possible time.
I transmit herewith a copy of a letter from the Acting Director of the Geological Survey submitting, pursuant to the resolution above mentioned, a joint report on the available supply of arsenic to meet the demand in 1923, by Hon. B. R. Coad, of the Bureau of Entomology, Department of Agriculture, and G. F. Loughlin, of the United States Geological Survey, with a view to its consideration and transmission to Congress. Respectfully,
ALBERT B. Fall, Secretary.
DEPARTMENT OF THE INTERIOR,
Washington, January 12, 1923. The SECRETARY OF THE INTERIOR.
Sir: I transmit herewith a joint report on the available supply of arsenic to meet the demand in 1923, by B. R. Coad, of the Bureau of Entomology, Department of Agriculture, and G. F. Loughlin, of the United States Geological Survey.
This report was prepared in accordance with Senate Resolution No. 377, and it is requested that after approval you forward it to the Secretary of Agriculture for transmittal to Congress. Respectfully,
M. R. CAMPBELL,