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The members of the American section of the International Committee have served until now without salaries for their work on the Committee. The members of the advisory committee which will cooperate with the American section of the International Committee will serve without compensation.
The present administration has shown its interest in our participation in the codification of international air law. (See H. Doc. 245, 73d Cong., 2d sess.) American delegates to the Third International Conference on Private Aerial Law, held in Rome, Italy, in May 1933, were appointed with your approval, and they signed the two conventions adopted at that conference. These conventions are not yet in force. In his report on the Rome Conference Mr. John C. Cooper, Jr., chairman of the American delegation, made the following statement in regard to the importance of attendance by the American members of the International Technical Committee of Aerial Legal Experts at the sessions of the Committee:
“As the conference proceeded, it became apparent that its work was largely directed by delegates who were also members of the International Technical Committee (CITEJA). In fact it seemed to be assumed many times in the course of discussions at the conference that the conference should be to some extent governed by prior discussions at the meetings of the CITEJA. This is called to the attention of the Department to emphasize the advisability of having the United States represented at future meetings of the CITEJA in order that the views of the United States may be expressed at such meetings and may be included in the draft conventions. At the present time the United States has two duly appointed members of the CITEJA but neither of said members has ever been able to attend a meeting of the CITEJA due to failure of Congress to make appropriation for traveling expenses. The fact that the United States is Dot represented by the attendance of its delegates in person at the meetings of the CITEJA places the delegates representing the United States at the international conferences at a distinct disadvantage when the draft conventions prepared by the CITEJA are considered.”
The statement quoted from the report of the chairman of the American delegation at the Rome Conference was concurred in by the other members of the American delegation.
The views of the Department of Commerce on the subject are well set forth in its letter of December 22, 1933, of which the pertinent portions are quoted below:
"It is felt that the work of the International Technical Committee of Aerial Legal Experts will have a far-reaching effect on the future of aviation and that the United States should be represented at the deliberations of this Committee and its subcommittees so that our views may be before the committees as they draft conventions for international adoption. It seems more practical to protect American interests during the drafting of conventions than to attempt to have the conventions changed to conform to our ideas after they are presented to the international conferences. For this reason the Department of Commerce feels justified in strongly supporting a request for suitable appropriation to provide for the attendance of the American members at the Committee meetings. Several of the large American operators, whose views on completed conventions were requested, have expressed the feeling that American representatives should take part in all deliberations of the International Technical Committee of Aerial Legal Experts and its commissions.
Due to the mobility of aircraft, it seems probable that international laws adopted on both the regulatory and private air law phases of aircraft operation will have a decided influence on the national regulation and law of aircraft. This condition makes it imperative that this country have a voice in the development of conventions on aeronautic matters prior to the submission of these conventions to international conferences for consideration.
"In light of the above considerations, it appears that there is ample justification for the expenditure of the relatively small sums which would be required for full representation on the Committee and its commissions.”
I am thoroughly in accord with the views expressed by the chairman of the American delegation at the Third International Conference on Private Aerial Law and with the views of the Department of Commerce, concerning the importance of attendance in person by the American members of the International Technical Committee of Aerial Legal Experts at the sessions of the Committee and its subcommittees, as it is believed that the international conventions adopted as the result of the work of this International Committee vitally affect the operations of American aircraft in foreign countries. Thirty-three countries, · The initials of the French title of the International Technical Committee of Aerial Legal Experts.
including the larger European countries, are now, through membership on tnis International Committee and official representation at international conferences on private aerial law, actively engaged in the gradual adoption of a comprehensive code of private aerial law.
If the Government of the United States were not handicapped in its efforts to have American experts participate in tnis codification of private aerial law because of the fact that there have been no funds available to pay the expenses of the American experts on the International Committee, it would have a much greater influence in the development of a code of private air law by the adoption of international conventions. Active participation by the American experts in the work of the International Committee would, it is believed, result in the final adoption of conventions that would be more likely to meet our views and requirements than conventions adopted without the participation of American experts in the preparation of preliminary draft conventions or consideration at international conferences.
As stated herein, there have been two international conferences on private aerial law at whico final action has been taken on draft international conventions prepared by the International Technical Committee of Aerial Legal Experts, the Second International Conference on Private Aerial Law held in Warsaw, Poland, in 1929, and the Third International Conference on Private Aerial Law held in Rome in May 1933. It is contemplated that there will be other international conferences for the specific purpose of taking final action on additional preliminary draft international conventions prepared by the International Committee referred to herein. While the delegates to these international conferences are, of course, free to make changes in the draft conventions referred to them, it is to be observed that the groundwork on these drafts is done, and that their underlying principles are to a very great extent established, as the result of the preliminary studies made by the members of the International Technical Committee of Aerial Legal Experts. The delegations at these general international conferences are in fact to a great extent made up of persons who are also members of the International Committee.
The United States has at present three members on the International Committee, the fourth member having recently resigned. It is proposed to appoint another person to replace him at an early date. In the absence of an appropriation to defray their expenses in going abroad these members have to participate in the work of the Committee to some extent by correspondence. This plan is not, however, satisfactory, as the presence of the American members at the sessions of the Committee and its subcommittees in order to participate in their deliberations is necessary if the United States is to derive any substantial benefit from representation on the Committee.
The recent authorization by the Department of State for the members of the American section of the International Committee to organize an advisory committee composed of representatives of organizations in the United States concerned with aviation to cooperate with the American section in the presentation of the American point of view in the codification of international private air law, is an indication of the importance which this Department attaches to the work of the International Committee.
In this connection, your attention is invited to the report of the Federal Aviation Commission of January 1935 which was submitted by you to Congress on January 31, 1935, and especially to the following sections of that report, which sections met with your approval:
“Though lacking in dramatic quality, this work is of immense importance. A new form of law is of necessity being created over night, to take the place in the air that admiralty has been gradually developed through centuries to take upon the sea.
The United States ought not to be absent from the preliminary councils of its creation.
American members have been designated to the Committee of Experts by the Secretary of State, with the approval of the President, but no funds have been available for their expenses. One of the requirements for participation on the Committee is that each country shall make an annual contribution toward the expenses of the Committee. The United States has been paving its share and is therefore entitled to official representation, but the American members have not been able to attend the meetings of the Committee and its commissions. This places the Government of the United States at a serious disadvantage, and we recommend that the matter be corrected by the annual appropriation of the very modest sum necessary to take a full part in the work, allowing expenses to the American delegation and a suitable compensation to such of them as are not already in the public service."
In order to meet your wishes in this matter and to provide for adequate participation in the work of the International Technical Committee of Aerial Legal Experts, I wish to recommend that the Congress be requested to authorize an annual appropriation of funds necessary to attend the meetings of this important international organization.
I am of the opinion that an authorization for an annual appropriation of a sum not exceeding $6,500 will be sufficient to defray the expenses of American members in coming to Washington and in going abroad to attend the sessions of the Committee and its subcommittees, known as “commissions.” As stated herein it is the general practice for two of the commissions to meet during the first half of the year and for the other two commissions to meet during the second half of the year, the second meeting of the commissions being immediately followed by the meeting of the Committee. The trips to Washington will be necessary to enable members of the American section to consult one another and decide upon the proposals to be submitted by them at the meetings held abroad. When the matter of endeavoring to obtain such an appropriation was previously before Congress provisions were not made for traveling expenses for an interpreter, or for personal services for nongovernmental members of the Committee. However, in a recent report on the sessions of the Committee received by the Department of State special emphasis has been placed upon the fact that all deliberations are conducted in French and all documents issued are in the French language. It is therefore important that American members should be assisted by an interpreter.
As previously stated, the International Technical Committee of Aerial Legal Experts was created as a result of a resolution by the International Conference on Private Aerial Law held in Paris in October 1925. Interested governments did not become parties to any special convention defining the status of this Committee. This Government was informed by the Secretary General of the Committee that the only requirements for participation in the work of the Committee are the payment of a contribution and the official designation of members. Both of these requirements were met by this Government following the enactment of Public Resolution No. 118, Seventy-first Congress, approved February 14, 1931. Article 8 of the internal rules of the Committee provides:
“The draft of the budget for each year shall be prepared by the secretary general and considered and voted on by the Committee not later than the end of the first half of the previous year.
“ The Committee may offer for their acceptance to the contracting States such changes as may be deemed necessary in the quotas to be paid by the several States."
The quotas were set at 1,000 gold francs, but this amount is subject to change. Since the budget is not a fixed item and is subject to variation according to the requirements of the Committee, it is believed that the act authorizing an annual appropriation should provide for possible future changes in the amount of the contribution of the United States. I therefore recommend that Congress be requested to amend Public Resolution 118, Seventy-first Congress, so as to authorize an annual appropriation to pay the pro rata share of the United States in the expenses of the International Technical Committee of Aerial Legal Experts, without setting a fixed sum. The act making appropriations for the Department of State for the fiscal year 1936 carries an item of $250 for the payment of the quota of the United States for that year. I also recommend that Congress be requested further to amend Public Resolution 118, Seventy-first Congress, by authorizing the sum of $6,500, or so much thereof as may be necessary, for the expenses of participation by the Government of the United States in the meetings of the International Technical Committee of Aerial Legal Experts. Respectfully submitted,
CORDELL HULL. o
AMEND AN ACT ENTITLED "AN ACT SETTING ASIDE RICE LAKE, ETC., FOR EXCLUSIVE USE OF CHIPPEWA INDIANS OF MINNESOTA"
APRIL 9, 1935.-Committed to the Committee of the Whole House on the state of
the Union and ordered to be printed
Mr. RYAN, from the Committee on Indian Affairs, submitted the
(To accompany H. R. 6963)
The Committee on Indian Affairs, to whom was referred the bill (H. R. 6963) to amend an act entitled “An act setting aside Rice Lake and contiguous lands in Minnesota for the exclusive use and benefit of the Chippewa Indians of Minnesota”, approved June 23, 1926, and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendments.
Insert after the word “of” on page 4, line 20, the words "rock and brush", and strike the words “or other structures”.
Insert after the word "interior" on page 4, line 22, the following ", not to exceed $25,000.00,”.
This bill has the approval of the Department as will be seen from the following letter from the Secretary of the Interior:
Washington, March 21, 1935. Hon. WILL ROGERS, Chairman Committee on Indian Affairs,
House of Representatives.
ntativ MY DEAR MR. CHAIRMAN: Transmitted herewith is the draft of a proposed bill to amend the act of June 23, 1926 (44 Stat. 763), setting aside Rice Lake and lands contiguous thereto, on the White Earth Reservation, Minn., for the exclusive use and benefit of the Chippewa Indians of that State.
The amendments proposed would authorize this Department to accept donations of land; enter into agreement with the State of Minnesota for the administration of the reserves; acquire by condemnation, regardless of present ownership, those lands that cannot otherwise be acquired; establish not more than three additional wild-rice reserves, and eliminate the maximum per acre purchase price that may be paid.
Wild Rice Lake, embraced in the act of June 23, 1926, supra, is one of many rice-bearing lakes of Minnesota that have, from time immemorial, been a source
H. Repts., 74-1, vol. 214