Once the Austrian prisoners of war were segeregated from the German prisoners of war, the way would be open for a sifting of the anti-Nazi Austrians impressed into German military service against their will from the pro-Nazi Austrians and the gradual release of the former from the restrictions retained for the latter. Here again, the precedent mentioned above offers a basis for such action. Although some Poles were considered to fall within the definition of the words "alien enemy" by the terms of Section 4067 of the Revised Statutes, Assistant Attorney General Warren stated that

It is needless to add, however, that in the matter of granting permits to all such as are within the terms of the statute due consideration is being paid to their sympathies and affiliations in this war.3

It is beyond the scope of this study to go into detail with regard to the beneficial effects of this and related acts toward the successful conduct of the present war, to its beneficial propaganda possibilities for the nations still subject to Germany's domination, to the possibility of drawing volunteers for the armed forces who are highly trained in German military science, possibly an Austrian unit like those of the other "free" governments fighting for the liberation of their countries, or to the possibility of organizing from some outstanding emigré Austrian statesmen who can prove some legal connection with the last legal Austrian Government a Free Austrian Government-in-Exile. As Representative Herman P. Eberharter of Pennsylvania said, in a radio address on the fourth anniversary of the seizure of Austria

As the people of Austria were the first to be suppressed, crushed, and deprived of liberty, let their liberation and their restoration become a special and a shining symbol of the principles and the program of the democracies, and of the superiority of our ideals and of our human progress."

ADDENDUM

The above was written before October 10, 1943. Striking corroboration of many of the points established has been furnished by the Declaration on Austria signed at Moscow by the foreign secretaries of the Governments of the United Kingdom, the Soviet Union and the United States of America, and published on November 1, 1943, in which it was declared that the three Governments

are agreed that Austria, the first free country to fall a victim to Hitlerite aggression, shall be liberated from German domination.

They regard the annexation imposed on Austria by Germany on March 15, 1938, as null and void. They consider themselves as in no way bound by any changes effected in Austria since that date. They declare that they wish to see reestablished a free and independent Austria and thereby to open the way for the Austrian people themselves as well as those neighboring states which will be faced with similar problems, to find that political and economic security which is the only basis for lasting peace.

Austria is reminded, however, that she has a responsibility, which she cannot evade, for participation in the war at the side of Hitlerite Germany, and that in the final settlement account will inevitably be taken of her own contribution to her liberation."

3 Loc. cit.

This would not violate Article 33 of the Regulations concerning the Laws and Customs of Land Warfare attached to Hague Convention IV of October 18, 1907, that "A belligerent is also prohibited from compelling the nationals of the adversary to take part in military operations against their country, even in case they were in his service before the commencement of the war," any more than the utilization of Free French soldiers who have escaped from forced German military service and for the same reasons, that, since they would be volunteers, there would be no compulsion. American Journal of International Law, Supp., 2 (1908), p. 107; U. S. Foreign Relations, 1907, pt. 2 (Washington, 1910), p. 1211.

• Inserted by Rep. James A. Shanley of Conn. in the Cong. Rec., 77th Cong., 2d Sess., vol. 88, p. A1076. U. S. Congress, 78th Cong., 1st sess., Congressional Record, vol. 89, no. 164, November 1, 1913, p. 9026.

In the eyes of the Moscow signatories, Germany's annexation of Austria was "imposed" and therefore "null and void", they are in no way bound by any changes affected since Hitler's invasion of Austria and they wish to see "a free and independent Austria" reestablished. The concluding paragraph of the same Declaration supports the sug gestion made at the end of the above memorandum concerning the utilization of Austrian soldiers in the fight for the liberation of Austria. The contention made above was simply for the possibility of such utilization, whereas the Moscow Declaration speaks of an inescapable obligation-"a responsibility, which she [Austria] cannot evade."

SUPPLEMENTAL ESTIMATES OF APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

SUPPLEMENTAL ESTIMATES OF APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE FOR THE FISCAL YEAR 1945, TOTALING $40,000

MARCH 9, 1944.-Referred to the Committee on Appropriations and ordered to

be printed

THE WHITE HOUSE, Washington, March 8, 1944.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: I have the honor to transmit herewith for the consideration of Congress two supplemental estimates of appropriation for the Department of Agriculture for the fiscal year 1945, totaling $40,000, in the form of amendments to the Budget for said fiscal year.

The details of these estimates, the necessity therefor, and the reasons for their transmission at this time are set forth in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose comments and observations thereon I concur.

Respectfully,

FRANKLIN D. ROOSEVELT.

EXECUTIVE OFFICE OF THE PRESIDENT,

The PRESIDENT,

The White House.

BUREAU OF THE BUDGET, Washington, D. C., March 7, 1944.

SIR: I have the honor to transmit herewith for your consideration two supplemental estimates of appropriation, totaling $40,000, for

the Department of Agriculture for the fiscal year 1945, in the form of amendments to the Budget for said fiscal year, as follows:

AGRICULTURAL RESEARCH ADMINISTRATION

BUREAU OF ENTOMOLOGY and plant QUARANTINE

On page 261 of the Budget, column 1, under the subappropriation "Forest insects," increase the estimate for this item from $172,000 to $202,000..

FOREST SERVICE

(increase) $30,000

On page 286 of the Budget, column 2, under the subappropriation "Forest management," increase the estimate for this item from $453,848 to $463,848. (increase) $10,000

The spruce budworm is an insect which periodically assumes epidemic proportions and kills vast areas of merchantable timber. There have been several previous outbreaks of this pest, involving extensive areas in both the United States and Canada. The last heavy outbreak occurred during the period from 1910 to 1920, during which time it has been estimated that about 40 to 60 percent of the total merchantable spruce and fir timber in southeastern Canada and northeastern United States was killed. At that time, the kill of timber on many individual large areas was complete, thus wiping out timber value for many years to come and greatly increasing the fire hazard from dead timber. Information now available indicates that a much more serious infestation of this insect is present in Canada and is threatening important spruce-fir forests of this country, particularly in New England and the Lake States. In the States of Maine, New Hampshire, Vermont, Massachusetts, and New York there are more than 14,000,000 acres of commercial spruce-fir forests, representing in excess of 52,000,000 cords of merchantable timber. Values in the threatened Lake States area also are substantial. Immediate attention to this problem is warranted in view of the tremendous demands on our pulpwood resources occasioned by the war.

It is proposed to carry on surveys and investigational work necessary to develop methods to combat the spruce budworm and prevent, if possible, the damage which certainly will result if it develops to epidemic proportions in the forest areas mentioned. In order to inaugurate this work, it is estimated that an additional amount of $40,000 will be required for the fiscal year 1945, of which $30,000 will be needed by the Bureau of Entomology and Plant Quarantine to develop control measures, and $10,000 by the Foreign Service to develop silvicultural practices which will minimize the damage caused by the spruce budworm.

The foregoing supplemental estimates of appropriation are made necessary by reason of contingencies which have arisen since the transmission of the Budget for the fiscal year 1945. I recommend that they be transmitted to Congress.

Very respectfully,

HAROLD D. SMITH, Director of the Bureau of the Budget

O

AMENDMENTS TO THE BUDGET FOR 1945, INVOLVING AN INCREASE OF $20,682,370

MARCH 10, 1944.- Referred to the Committee on Appropriations and ordered to be printed

THE WHITE HOUSE, Washington, March 9, 1944.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith for the consideration of Congress amendments to the Budget for 1945, involving an increase of $20,682,370.

The details of the proposed amendments, the necessity therefor, and the reasons for their transmission at this time are set forth in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose comments and observations thereon I concur.

SIR: I have the honor to submit for your consideration revised estimates of appropriations for the Federal Security Agency, for fiscal year 1945, submitted in the form of amendments to the Budget for said fiscal year, as follows: