Spensely, Dr. V. H., national president, Federated Organizations for Bataan Relief, Albuquerque, N. Mex. McMinn, Maj. James, Carlsbad, N. Mex.. Van Zandt, Hon. James E., Member of Congress from Pennsylvania_ Ketchum, Omar B., director, national legislative service, Veterans of King, Maj. Gen. Edward P., Jr., Washington, D. C----- Lawrence, Col. Charles S., Quartermaster Food and Container Insti- Zundell, Capt. J. L., executive officer, Navy Medical School, Naval Medical Center, Bethesda, Md_-_. Cobb, Lt. Comdr. Laura, Naval Medical Center, Bethesda, Md__ Horabin, William, president, Bataan Veterans' Organization, Albu- Rudolf M. Littauer, attorney, New York City, to Hon. Benjamin J. Rabin, with attached article from Yale Law Journal, dated March Roy G. Allman, attorney, Washington, D. C., March 28, 1947, with attached excerpts from hearings before Senate Judiciary Sub- committee in 1946, and proposed bill to amend the Trading with Mike Masaoka, national legislative director, Anti-Discrimination Committee, Inc., Washington, D. C., dated April 2, 1947- Helen Louise Wolfe to Temporary Committee of American Internees, G. A. Nugent to Congressman Hinshaw, dated April 22, 1947, with at- Admiral Ò. S. Colclough, United States Navy, to Congressman Hinshaw, Gen. Edward F. Witsell, The Adjutant General, War Department, to 366 402 463 461 J. Godfrey Butler, War Shipping Administration, to Mr. Lewis A. Mc- 461 Mr. Frank E. Wilson to Senator Sheridan Downey, dated July 24, 1946_ 461 462 Philippine Alien Property Administrator, of United States, May 7, 1947- 481 483 Analysis of the bill H. R. 2823 by Congressman Fernandez__. Editorial, "Why Draw a Line?" from the National Tribune, Washing- Editorial, "Inhumane Treatment of POW's," from Foreign Service. Report of Claims Committee, liberated military personnel (Japan) International Convention relative to the treatment of prisoners of war, Proposed legislation providing for settlement of certain claims of Amer- American Bar Association recommendation for adjudication of war claims 415 ENEMY PROPERTY COMMISSION THURSDAY, MARCH 20, 1947 HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The Committee met at 10 a. m., in room 1334, New House Office Building, pursuant to call, Hon. Charles A. Wolverton (chairman) presiding. The CHAIRMAN. The committee will come to order. The hearings this morning are concerning H. R. 873 introduced by Mr. Beckwith, "A bill to create an Enemy Property Commission, to provide for the disposal of certain enemy property, and for other purposes." It would seem as if this bill covers property of the German, Japanese, and Italian Governments. H. R. 1823, which is also the subject of our hearing, was introduced by Mr. Hinshaw. It is entitled "A bill to create an Enemy Property Commission, to provide for the disposal of certain enemy property, and for other purposes." It relates particularly to property of the Japanese Government and its nationals. (H. R. 873 and H. R. 1823 above referred to are as follows:) [H. R. 873, 80th Cong., 1st sess.] A BILL To create an Emergency Property Commission, to provide for the disposal of certain enemy property, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Trading With the Enemy Act (U. S. C., 1940 edition, title 50 App., secs. 1 to 31, inclusive), as amended, is amended by adding at the end thereof the following new sections: "SEC. 32. All property of the German, Japanese, and Italian Governments, and of all their respective nationals, which on December 7, 1941, was in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America for the satisfaction of all claims against said German, Japanese, and Italian Governments, respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America, and who have suffered through the acts of said governments, or its agents, since December 7, 1941, loss, damage, or injury to their persons, in consequence of hostilities or of any operations of war. "SEC. 33. (a) A Commission is hereby created and established, to be known as the Enemy Property Commission, hereinafter referred to as the Commission, which shall be composed of three commissioners who shall be appointed by the President. "(b) It shall be the duty of the Commission, and it shall have jurisdiction, to adjudicate all claims as provided herein according to the principles of equity and of law. "(c) All property referred to in section 32 of this Act is subject to the payment of claims as herein provided. The Alien Property Custodian shall classify all such property in three lists-one covering that formerly owned by the Government of Germany and its nationals, one covering that formerly owned by the Government of Japan and its nationals, and one covering that formerly owned by the Government of Italy and its nationals. 1 "SEC. 34. (a) The following shall be deemed claimants and entitled to compensation for loss, damage, or injury to their persons: (1) Any citizen of the United States who suffered damages growing out of acts committed by the Governments of Germany, Japan, and Italy, or by any of their authorities, since December 7, 1941, resulting in deprivation of their liberty, or in cruelty, violence, maltreatment, or impairment of earning capacity as a consequence of his or her capture, imprisonment or internment, wherever arising, or (2) a person who as a surviving dependent of such American citizen suffered damages. "(b) The Commission shall order the payment of all claims allowed by it out of the property described in section 32 of this Act." [H. R. 1823, 80th Cong.,1st sess.] A BILL To create an Enemy Property Commission, to provide for the disposal of certain enemy property, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Trading With the Enemy Act (U. S. C., 1940 edition, title 50 App., sees. 1 to 38, inclusive), as amended, is amended by adding at the proper place therein the following new sections: "SEC. 30. All property, excepting patents and such property that is to be returned under the provisions of Public Law Numbered 322, Seventy-ninth Congress, and such property that is to be used for the payment of debts under the provisions of Public Law Numbered 677, Seventy-ninth Congress, of the Japanese Government and all of its nationals, which on December 7, 1941, was in or has since that date come into the possession or under control of, and to which title has vested in the United States of America, or of any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America for the satisfaction of all claims against the Japanese Government of all American citizens located in Alaska, Guam, Philippine Islands, and Wake Island, who have suffered through the acts of the Japanese Government, or its agents, since December 7, 1941, loss, damage, or injury to their persons and personal property, in consequence of hostilities or of any operation of war. "SEC. 40. (a) A commission is hereby created and established to be known as the Enemy Property Commission, hereinafter referred to as the Commission, which shall be composed of three Commissioners who shall be appointed by the President. "(b) It shall be the duty of the Commission, and it shall have jurisdiction to adjudicate all claims as provided herein, according to the principles of equity and of law. "(c) All property referred to and not exempted in section 39 of this Act is subject to the payment of claims as herein provided. "SEC. 41. (a) The following shall be deemed claimants and entitled to just compensation for loss, damage, or injury to their persons and to their personal property: (1) Any civilian, citizen of the United States who while located upon Alaska, Guam, Philippine Islands, or Wake Island, suffered damages growing out of acts committed by the Government of Japan, or by any of its authorities within those areas resulting in deprivation of liberty, or in cruelty, violence, maltreatment, or impairment of earning capacity as a consequence of his or her capture, imprisonment, internment, or evacuation; or (2) an American citizen who as surviving dependent suffered damages. "(b) The Commission shall order the payment of all claims allowed by it out of the property described in section 39 of this Act." The CHAIRMAN. I have requested the different. departments of our Government to report their views with respect to these bills. I think it would be appropriate and helpful to those who are here this morning and who will testify, to have knowledge of what the departments of Government have said with the respect to the bills. I will read them now so that you may, if you wish, in your testimony make reference to these views. |