lew York
rime
a October
SET AT 00 MILLION
Mixed   Claims Commission
Announces Awards for
Munition Explosions
REICH   ENVOY PROTESTS
But Hull Upholds Roberts in
Decision—$24,000,000 in
Treasury Account
BprcUl to Td New hmk Tooa.
WASHINGTON, Oct. 30—Over the
protest of the German Government,
which sought In vain through the
State Department to prevent final
action, the German Mixed Claims
Commission announced awards to-
day totaling almost $50,000,000 In
the Black Tom and Klngaland sabo-
tage cases which were, decided in
favor of the American claimants
Juno 15, after more than fifteen
years of litigation.
The awards were In final settle-
ment of 158 claims having a total
capital value of $21,157,227; amount-
ing, with Interest at 5 per cent to
Jan. 1, 1929, to $31,490,546, and with
interest to Oct. 1, 1939, to $49,991,-
242.
The claimants, and awards, were
as follows:
Lehigh Valley Railroad, $9,900,-
822; agency of the Canadian Car
and Foundry Company, $5,871,105;
Klngaland Underwriters, $1,311,023;
Black Tom Underwriters, $2,095,-
607; Bethlehem Steel Company,
$1,886,491, and the Delaware &
Lackawanna Railway Company,
$32,676.
As originally filed, the claims to-
uted $22,489,560, and today's
awards represent a reduction in
their preparation and presentation
amounting In all to $1,882,888.
$24,000,000 Waifs In Treasury
Available for payment there re-
mains in the German deposit ac-
count In the United States Treas-
ury, awaiting these final awards,
about 124,000,000.
It has been reported here that a
few claimants who have received
largo oapltal and some Interest pay-
ments on their awards previously
rendered may seek to enjoin the
Treasury from paying any part of
these final sabotage claims, in the
interest of settlement in full of their
own, but no such suits were filed
today.
Following announcement of the
awards by the umpire, Justice
Owen J. Roberts, Associate Justice
of the Supreme Court, tt letter from
Secretary Hull, enclosing copies of
the German protest, and. his reply,
were presented by Christopher B.
Garnett, the American commis-
sioner, and made a part of the rec-
ord, without comment.
Declining, to discuss the "com-
plaints and protests'' reviewed in
the German note, or to Intervene in
the work' of the commission over
which the State Department has no
jurisdiction^ Mr] Hull made his own
and this
clear.
government's position
HnD Crlticixee Protest
His note read:
"I have entire confidence In the
ability and Integrity of the umpire
and the commissioner appointed by
the United States, despite your
severe, and, 1 believe, entirely un-
warranted criticisms, and I am con-
strained to invito your attention to
the fact that the remarkable action
of the commissioner appointed-by
| Germany was apparently designed
to frustrate or postpone Indefinitely
the work of the commission at a
time when, after years of labor on
the particular cases involved, it was
expected that Its functions would
be brought to conclusion."
Mr. Hull's letter, written, Oct. 18,
was In reply to a thirty-four page
protest made on behalf of the gov-
ernment by Thomson, German
charge d'affaires, under date of
Oct 3.
In his letter Herr Thomson re-
newed the "emphatic representa-
tions" made In previous communi-
cations, Including charges of "bias"
on the part of Justice Roberts,
which. It is now contended, was the
cause of the withdrawal of Dr. Vic-
tor Hueoklng, the German commis-
sioner, on the eve of conclusion of
the cases, and challenging the au-
thority of the "rump" commission
to proceed without him to their de-
cision and conclusion.
German Calls Umpire Unfair
The German commissioner, ac-
cording to his government, "made
use of the right of withdrawal when
during the course of the delibera-
tions It became more and more evi-
dent to him that the American um-
pire was most strongly biased in
favor of the American private par-
ities concerned and against Ger-
many."
I Herr Thomsen contended that the
June 15 decision was rendered by i
; the umpire "In disregard and viola-
I tlon of essential provisions of the
| statute of the commission, essential
agreements between the German
Government and the United States
Government, essential rulos of pro-
cedure and binding decisions of the
full commission, the observance of
which would- have been the abso-
lute duty of the American umpire,"
and accordingly that "any 'awards'
of the rump commission are void,
to the knowledge of the Secretary
of the Treasury of the United
States," and "can never form the
basis of a financial obligation of
Germany."
Tributes to Robert W. Bonynge of
New York, the American agent who
died Sept. 22, were paid at the open-
ing of today's session by Justice
Roberts, Judge Gannett and H. H.
Martin, acting agent.