Costa Rica, of the convention relating to the organization of the Pan American Union, adopted at the Sixth International Conference of American States, Habana, February 20, 1928. The deposit took place on June 7, 1933. RESTRICTION OF WAR CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK OF ARMIES IN THE FIELD-CONVENTION RELATING TO THE TREATMENT OF PRISONERS OF WAR The Secretary of State was informed in a communication dated June 15, 1933, from the Swiss Minister at Washington, of the deposit on June 1, 1933, of the instrument of ratification by Chile of the convention for the amelioration of the condition of the wounded and sick of armies in the field and the convention relating to the treatment of prisoners of war, both signed at Geneva July 27, 1929. These ratifications will become effective six months from the date of their deposit, namely, December 1, 1933, in accordance with the terms of articles 33 and 92, respectively, of the conventions. See Bulletin No. 42, March 1933, p. 5. HUMANITARIAN ASYLUM CONVENTION FIXING THE RULES FOR THE GRANTING OF ASYLUM 1 Costa Rica 1 The Director General of the Pan American Union transmitted to the Acting Secretary of State with a note dated June 15, 1933, a certified copy of the instrument of ratification, together with a certified copy of the procès-verbal of the deposit of the instrument, by Costa Rica, of the convention fixing the rules for the granting of asylum, adopted at the Sixth International Conference of American States, Habana, February 20, 1928. The deposit took place on June 7, 1933. HEALTH PAN AMERICAN SANITARY CONVENTION AND ADDITIONAL PROTOCOL 2 Venezuela With a note dated June 1, 1933, the Cuban Ambassador at Washington forwarded to the Secretary of State a communication addressed to him by the Secretary of State of Cuba in which he informed this Government of the deposit on April 26, 1933, of the instruments of ratification by Venezuela of the Pan American sanitary convention signed at Habana November 14, 1924, and the additional protocol signed at Lima, October 19, 1927. INTERNATIONAL CONGRESS FOR THE PROTECTION OF CHILDHOOD This Government having accepted the courteous invitation of the French Government to take part in the International Congress for the Protection of Childhood, to be held in Paris from July 4 to 9, 1933, the following have been designated as delegates on the part of the United States: John McMullen, M.D., Medical Director, United States Public Richard A. Bolt, M.D., Director, Cleveland Child Health 1 See Bulletin No. 43, April 1933, p. 12. 2 See Bulletin No. 32, May 1932, p. 10. TREATMENT OF FOREIGNERS CONVENTION FOR THE PURPOSE OF DETERMINING THE STATUS ALIENS IN AMERICAN STATES 3 Costa Rica The Director General of the Pan American Union transmitted the Acting Secretary of State with a note dated June 15, 1933, certified copy of the instrument of ratification by Costa Rica of t convention for the purpose of determining the status of aliens, adopt at the Sixth International Conference of American States, Haban February 20, 1928. The deposit took place on June 7, 1933. 3 See Bulletin No. 42, March 1933, p. 11. ECONOMIC AGRICULTURE INTERNATIONAL TECHNICAL COMMITTEE OF THE THIRD INTERNATIONAL CONGRESS OF TECHNICIANS AND CHEMISTS IN AGRICULTURAL INDUSTRIES In response to an invitation from the French Government, this Government will be represented by Dr. Atherton Seidell, chemist of the Hygienic Laboratory of the United States Public Health Service, on the International Technical Committee which will meet in Paris in July to establish the program of the Third International Congress of Technicians and Chemists in Agricultural Industries, to be held at Paris in 1934. Honduras AVIATION COMMERCIAL AVIATION CONVENTION 1 The American Legation at Tegucigalpa reported by a despatch dated June 16, 1933, that the instrument of ratification by Honduras of the commercial aviation convention adopted by the Sixth International Conference of American States, Habana, 1928, was signed by the President on June 15, 1933, and forwarded for deposit with the Cuban Government. CONVENTION RELATING TO THE REGULATION OF AERIAL NAVIGATION 2 Iraq By a despatch dated May 11, 1933, the American Minister Resident and Consul General at Baghdad reported that the official government gazette, Waqayi al Iraqiya, No. 1239, of April 10, 1933, published the law approving the accession of Iraq to the protocols of October 27, 1922, and June 30, 1923, relative to amendments to articles 5 and 34 of the convention relating to the regulation of aerial navigation, signed at Paris October 13, 1919. 1 See Bulletin No. 40, January 1933, p. 18. 2 See Bulletin No. 44, May 1933, p. 13. 9 COMMERCE TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES AND GREAT BRITAIN, 18153-TREATY OF FRIENDSHIP, COMMERCE, AND CONSULAR RIGHTS BETWEEN THE UNITED STATES AND GERMANY, 1923 1 4 DECISION OF THE UNITED STATES CUSTOMS COURT, THIRD DIVISION The decision rendered on June 3, 1933, in the case of Domestic Fuel Corp. and George E. Warren Corp. v. United States (Revenue Act of 1932-Coal Treaty provisions) is reprinted hereunder from Treasury Decisions, vol. 63, no. 24, June 15, 1933 (Decision No. 46455): 1. A statute may be uniform and not discriminatory in language yet may involve ultimate facts which will render it discriminatory. We must, therefore, read through the general language to the ultimate facts involved. The provisions of section 601, subsection (c) (5) of the Revenue Act of 1932, fixing a duty on coal imported from any nation wherein the balance of trade was against the United States, discriminates against coal imported from Germany and Great Britain, in view of the fact that coal imported from Mexico and Canada was admitted free of duty. * 2. A treaty is self-executing when no legislation is necessary to authorize Executive action pursuant to its provisions. Cook v. United States, 288 U. S. 102. The terms of the German treaty of February 10, 1925,5 provide that "with respect to the amount and collection of duties on imports each of the two High Contracting Parties binds itself to give to the * goods of the other the advantage of every favor, privilege, or immunity which it shall have accorded to the * tuitously or reciprocally granted]. goods of a third state [whether gra* * Every such favor, privilege, or immunity which shall hereafter be granted the * * * goods of a third state shall simultaneously and unconditionally, without request and without compensation, be extended to the other High Contracting Party for the benefit of itself, its nationals and vessels." Held, under this language the treaty is self-executing. 3. Resort may be had to committee reports and debates in Congress in order to remove an ambiguity in a statute but not for the purpose of construing it contrary to its plain terms. United States v. St. Paul, Minn. & Manitoba Ry., 247 U.S. 310. The phrase in subsection (a) of section 601, supra, that "unless treaty provisions of the United States otherwise provide," is not ambiguous. In plain terms it applies to all treaties and is not limited in its operation. 4. "It is well settled that in case of conflict between an act of Congress and a treaty, each being the supreme law of the land, the one latest in date must Ribos Y Hijo v. United States, 194 U. S. 315. prevail in the courts." "A treaty will not be deemed abrogated or modified by a later statute unless such purpose on the part of Congress has been clearly expressed." 3 Treaty Series, No. 110. Treaty Series, No. 725. Syllabus in 5 Should read "Dec. 8, 1923"; Feb. 10, 1925, is the date on which the Senate gave its advice and consent to ratification by the President, with reservations and understandings, of the treaty between the United States and Germany signed Dec. 8, 1923. |