then terminated on ninety days' previous notice shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty."; And Whereas, the said reservation and understanding was accepted by the two Governments in an exchange of notes dated January 20, 1931, between the Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Vienna, and the Vice Chancellor and Federal Minister for Foreign Affairs of the Republic of Austria, subject on the part of the Republic of Austria to ratification; And Whereas, the said treaty and the said reservation and understanding have been duly ratified on both parts and the ratifications of the two governments were exchanged at Vienna on the twentyseventh day of May, one thousand nine hundred and thirty-one; Now, therefore, be it known that I, Herbert Hoover, President of the United States of America, have caused the said treaty to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof, subject to the reservation and understanding aforesaid. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this twenty-eighth day of May in the year of our Lord one thousand nine hundred and [SEAL] thirty-one, and of the Independence of the United States of America the one hundred and fifty-fifth. By the President : Henry L. Stimson, Secretary of State. Herbert Hoover. [Senate resolution advising and consenting to ratification] IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive B, 70th Congress, 2nd Session, a treaty of friendship, commerce and consular rights with Austria, signed at Vienna on June 19, 1928, subject to the following reservation and understanding to be set forth in an exchange of notes between the high contracting parties so as to make it plain that this condition is understood and accepted by each of them: That the sixth paragraph of Article VII shall remain in force for twelve months from the date of exchange of ratification, and if not then terminated on ninety days' previous notice shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty. Attest: Edwin P. Thayer, Secretary. [Ratification] HERBERT HOOVER President of the United States of America To all to whom these presents shall come, greeting: Know ye, That whereas a Treaty of Friendship, Commerce and Consular Rights between the United States of America and the Republic of Austria was concluded and signed by their respective Plenipotentiaries at Vienna on the nineteenth day of June, one thousand nine hundred and twenty-eight, the original of which Treaty is hereto annexed: And Whereas, the Senate of the United States of America by their resolution of February 11, 1929, (two-thirds of the Senators present concurring therein) did advise and consent to the ratification of the said Treaty subject to the following reservation and understanding to be set forth in an exchange of notes between the High Contracting Parties so as to make it plain that this condition is understood and accepted by each of them: "That the sixth paragraph of Article VII shall remain in force for twelve months from the date of exchange of ratifications, and if not then terminated on ninety days' previous notice shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty."; And Whereas, the said reservation and understanding was accepted by the two Governments in an exchange of notes dated January 20, 1931, between the Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Vienna and the Vice-Chancellor and Federal Minister for Foreign Affairs of the Republic of Austria, subject on the part of the Republic of Austria to ratification, the originals of which notes are word for word as follows: "Excellency Referring to the Treaty of Friendship, Commerce and Consular Rights signed by the United States and Austria on June 19, 1928, I have the honor to inform you that the United States Senate on February 11, 1929, gave its advice and consent to the ratification of the said Treaty in a resolution, as follows: Resolved (two-thirds of the Senators present concurring therein). That the Senate advise and consent to the ratification of Executive B. Seventieth Congress, second session, a treaty of friendship, commerce, and consular rights with Austria, signed at Vienna on June 19, 1928, subject to the following reservation and understanding to be set forth in an exchange of notes between the high contracting parties so as to make it plain that this condition is understood and accepted by each of them: That the sixth paragraph of Article VII shall remain in force for twelve months from the date of exchange of ratifications, and, if not then terminated on ninety days' previous notice, shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith, when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty.' "It will be observed that by this resolution the advice and consent of the Senate to the ratification of the Treaty are given subject to a certain reservation and understanding. "I shall be glad if when bringing the foregoing resolution to the attention of your Government, Your Excellency will state that my Government hopes that the Austrian Government will find acceptable the reservation and understanding which the Senate has made a condition of its advice and consent to the ratification of the Treaty. You may regard this note as sufficient acceptance by the Government of the United States of this reservation and understanding. An acknowledgment of this note on the occasion of the exchange of ratifications. accepting by direction and on behalf of your Government the said reservation and understanding, will be considered as completing the required exchange of notes and the acceptance by both governments of the reservation and understanding. "Accept, Excellency, the renewed assurance of my highest consideration. His Excellency Dr. Johann Schober, Vice-Chancellor and Federal Minister "Herr Gesandter: [Translation] G. B. Stockton. Mr. Minister: In the name and by the direction of the Austrian Federal Government, I have the honor to acknowledge to Your Excellency the receipt of your communication of January 20, 1931, concerning the Treaty of Friendship, Commerce and Consular Rights between Austria and the United States, signed on June 19, 1928, and to advise you as follows: The Austrian Federal Government has taken note of the resolution of the Senate of the United States, of February 11, 1929, of the following tenor: [Here follow the resolution and understanding.] and declares itself in agreement therewith, subject to ratification thereof. Please accept, Your Excellency, the renewed assurance of my most distinguished respect. Seiner Exzellenz M. Gilchrist Baker Stockton, Schober. ausserordentlicher Gesandter und bevollmächtigter Minister der Vereinigten Staaten von Amerika in Wien." And Whereas, the said reservation and understanding has been ratified by the Republic of Austria; Now, therefore, be it known that I, Herbert Hoover, President of the United States of America, having seen and considered the said Treaty, do hereby in pursuance of the aforesaid advice and consent of the Senate, ratify and confirm the same and every article and clause thereof, subject to the reservation and understanding aforesaid. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this twenty-ninth day of April in the year of our Lord one thousand nine hundred and [SEAL] thirty-one, and of the Independence of the United States of America the one hundred and fifty-fifth. By the President: Henry L. Stimson, Secretary of State. Herbert Hoover. 1928 TREATY OF ARBITRATION Signed at Washington, August 16, 1928; ratification advised by the Senate, December 18, 1928 (legislative day of December 17, 1928); ratified by the President, January 4, 1929; ratified by Austria, January 17, 1929; ratifications exchanged at Washington, February 28, 1929; proclaimed, February 28, 1929 (Treaty Series, No. 776; 45 Statutes at Large, 2752) The President of the United States of America and the Federal President of the Republic of Austria Determined to prevent so far as in their power lies any interruption in the peaceful relations now happily existing between the two pations: Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them; and Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world; Have decided to conclude a new treaty of arbitration enlarging the scope and obligations of the arbitration convention which was signed at Washington, January 15, 1909, but is not now in force, and for that purpose they have appointed as their respective Plenipotentiaries The President of the United States of America, Mr. Frank B. Kellogg, Secretary of State of the United States of America; and The Federal President of the Republic of Austria, Mr. Edgar L. G. Prochnik, Envoy Extraordinary and Minister Plenipotentiary to the United States of America, Who, having communicated to one another their full powers found in good and due form, have agreed upon the following articles: ARTICLE I. All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to an appropriate commission of conciliation, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference. The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof. and on the part of Austria in accordance with its constitutional laws. ARTICLE II. The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which (a) is within the domestic jurisdiction of either of the High Contracting Parties, (b) involves the interests of third Parties, (c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine, (d) depends upon or involves the observance of the obligations of Austria in accordance with the Covenant of the League of Nations. ARTICLE III. The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by Austria in accordance with its constitutional laws. The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of the ratifications. It shall thereafter remain in force continuously unless and until terminated by one year's written notice given by either High Contracting Party to the other. In faith whereof the respective Plenipotentiaries have signed this treaty in duplicate in the English and German languages, both texts having equal force, and hereunto affixed their seals. Done at Washington the sixteenth day of August in the year of our Lord one thousand nine hundred and twenty-eight. (Signed) Frank B. Kellogg. Edgar Prochnik. |