11. To provide in which cases employers shall be responsible for labor accidents and what indemnity they must pay to their workmen in such cases, in order to insure the support of workmen and their families during their temporary or permanent disability for work, or that of their families in case of death. ARTICLE V The governments of the contracting parties shall establish employment agencies which shall gratuitously endeavor to secure work for the unemployed. Said agencies shall endeavor to keep together the members of a family, especially daughters and their fathers or mothers. Whenever this shall not be possible, said agencies shall at least endeavor to secure the same hours of rest for all the members of the same family. Wherever possible, each of the signatory governments shall provide that the work done on its account shall be done during that part of the year in which there is less demand for workmen. ARTICLE VI The present convention provides a minimum of benefits which shall be granted to workmen and laborers, but it does not prevent the granting of additional benefits by means of special treaties or laws. ARTICLE VII The provisions of the present convention relative to workmen and laborers are also applicable to office employees or workers in agricultural, industrial or commercial establishments, whose salary does not exceed the sum of three hundred dollars gold per annum. ARTICLE VIII The present convention shall come into effect upon its ratification by two of the contracting parties. For the parties ratifying it thereafter the periods of time provided by this convention shall date from each ratification. ARTICLE IX If any of the parties should exclude from their ratification any of the points embraced in this convention, that fact shall not prevent its being considered in force with respect to that country as to the part ratified. ARTICLE X The present convention shall be in force for each of the parties until one year from the date of its denunciation by said party, but it shall always remain in force with respect to those parties which have not denounced it, provided these are at least two. No denunciation shall take effect prior to January the first, one thousand nine hundred and thirty-nine. ARTICLE XI The exchange of ratifications of the present convention shall be made through communications addressed by the governments to the Government of Costa Rica in order that the latter may inform the other contracting states. If the Government of Costa Rica should ratify the convention, notice of said ratification shall also be communicated to the others. ARTICLE XII The original of the present convention, signed by all the delegates plenipotentiary, shall be deposited in the archives of the Pan-American Union at Washington. A copy duly certified shall be sent by the Secretary-General of the conference to each one of the governments of the contracting parties. Signed at the city of Washington, on the seventh day of February, nineteen hundred and twenty-three. [L.S.] F. SÁNCHEZ LATOUR [L.S.] RAUL TOLEDO LÓPEZ DECLARATION TO THE EFFECT THAT THE SPANISH TEXT OF THE TREATIES CONCLUDED BETWEEN THE REPUBLICS OF CENTRAL AMERICA AT THE CONFERENCE ON CENTRAL AMERICAN AFFAIRS, IS THE ONLY AUTHORITATIVE TEXT The undersigned, delegates of Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica, at the Conference on Central American Affairs assembled in the city of Washington, have agreed in declaring by these presents on the occasion of signing the various treaties concluded in this city in the name of and between their respective countries that the Spanish text of the abovementioned treaties between the Republics of Central America shall alone be considered authoritative by them. In testimony whereof they sign the present declaration, which shall be considered as an integral part of the treaties referred to. Washington, February seventh, nineteen hundred and twenty-three. [L.S.] F. SÁNCHEZ LATOUR [L.S.] J. GUSTAVO GUERRERO [L.S.] RAÚL TOLEDO LÓPEZ OFFICIAL DOCUMENTS RULES OF MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY stablished in pursuance of the agreement between the United States and Germany dated the 10th day of August, 1922 I DEFINITION OF TERMS The term "United States" as used herein shall be taken to mean the nited States of America. The term "Germany" as used herein shall be taken to mean the German 1. pire. The term "Umpire" as used herein shall be taken to mean the Umpire appointed by the President of the United States under the terms of Article II of the agreement between the United States and Germany dated August 10, 1922. The terms "American Commissioner" and "German Commissioner" as used herein shall be taken to mean the Commissioners appointed by the United States and by Germany respectively in pursuance of the terms of Article II of said agreement. The terms "American Agent' and "German Agent" as used herein shall be taken to mean the Agents appointed by the United States and by Germany respectively in pursuance of the terms of Article VI of the said agreement. The term "Secretaries" as used herein shall be taken to mean those appointed in pursuance of Article IV of the said agreement of August 10, 1922. The term "Claim" or "Claims" as used herein shall be taken to mean such as are embraced within the categories designated in Article I of the said agreement of August 10, 1922. II PLACE AND TIME OF HEARINGS The Commission shall sit at Washington, where its principal office shall be maintained and its records kept and preserved. Hearings may be held at other places, as may from time to time be determined by the Commission. The time and place of hearings shall, from time to time, be designated by the Commission. III A docket shall be provided by the Secretaries, in which they shall promptly enter the name of each claimant and the amount claimed, when a claim is formally filed with the Commission. Each claim shall constitute a separate case before the Commission and be docketed as such. They shall be numbered consecutively, beginning with that first presented as No. 1. IV CLAIMS-FILING AND DOCKETING (a) A claim shall be treated as formally filed with the Commission, upon there being presented to the Secretaries a memorial, petition, or written statement containing a clear and concise statement of the facts upon which the claim is based, the amount thereof, the nationality of the claimant, and a full disclosure of the nature and extent of the interest of claimant and all others therein, accompanied by copies of all documents and other proofs in support of such claim then in the possession of the American Agent; which memorial, petition, or written statement shall be signed or endorsed by the American Agent, and an endorsement of filing, with the date thereof, made thereon and signed by the Secretaries. (b) The docketing of a claim so filed shall be notice to Germany of its filing. (c) A petition, memorial, or written statement, or any answer thereto, may, upon leave granted by the Commission, be amended at any time before final submission of the case to the Commission. (d) Within six months after October 9, 1922, the American Agent shall give notice of all claims which will be submitted to the Commission and not already filed, by delivering to the Secretaries a list or lists of such claims, and a copy thereof to the German Agent. V EVIDENCE (a) When an original paper on file in the archives of either the United States or Germany cannot be conveniently withdrawn, a duly certified copy, with English translation, if requested, may be received in evidence in lieu thereof. (b) The Commission shall, under such rules as it may prescribe, receive and consider all written statements or documents which may be presented to it in any case by either the American Agent or the German Agent, or their respective counsel. No such statement or document will be received or considered by the Commission if presented through any other channel. (c) No oral evidence will be heard by the Commission save in exceptional cases for good cause shown, and upon order first entered by the Commission authorizing its introduction. Should oral evidence be introduced in behalf of one party, the Agent or counsel for the opposing party shall have the right of cross-examination. VI HEARINGS (a) The order in which cases shall come on for submission before the Comnission shall be determined by (1) agreement between the American Agent nd the German Agent, subject to revision in the discretion of the Commision; or (2) order of the Commission. (b) The American Agent shall give notice to the Secretaries, and through The Secretaries to the German Agent, when he is prepared to present a case 1 the Commission, and at the same time may file with the Secretaries a brief prepared by the Agent or his counsel, or a brief prepared by the claiment if countersigned by the Agent and such proofs in support thereof in addition to those filed in pursuance of subdivision (a) of Rule IV hereof as he may desire to present. The German Agent shall thereafter have such time, within which to file a brief and opposing written statements or documents, as may be fixed by the Commission from time to time by general or special order. Either the American Agent or the German Agent may thereafter ħle such additional proofs and/or briefs at such time and on such conditions as the Commission may in its discretion permit. (c) When a case comes on for submission in pursuance of orders entered from time to time by the Commission, it may, in its discretion, hear oral rguments by the American and German Agents or their respective counsel, mited as to time as the Commission may direct. The American Agent or is counsel shall have the right to open each case and the German Agent or is counsel may reply, in which event further argument may in the discretion f the Commission be heard. (d) When a case is submitted in pursuance of the foregoing provisions, he proceedings before the Commission in that case shall be deemed closed, nless opened by order of the Commission. (a) Be subject to the directions of the Commission. (b) Be the custodians of all documents and records of the Commission, nd keep them systematically arranged in safe files. While affording every easonable facility to the American and German Agents and their respective counsel to inspect and make excerpts therefrom, no such documents or records shall be withdrawn from the files of the Commission save by its order duly entered of record. (c) Make and keep, in the English language, in duplicate, a docket of claims filed with the Commission. (d) Endorse on each document presented to the Commission the date of filing, and enter a minute thereof in the docket. |