Z. & F. Assets Realization Corp. v. Hull

311 U.S. 470, 61 S. Ct. 351, 85 L. Ed. 288, 1941 U.S. LEXIS 1059
CourtSupreme Court of the United States
DecidedJanuary 6, 1941
DocketNos. 381, 382
StatusPublished
Cited by46 cases

This text of 311 U.S. 470 (Z. & F. Assets Realization Corp. v. Hull) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Z. & F. Assets Realization Corp. v. Hull, 311 U.S. 470, 61 S. Ct. 351, 85 L. Ed. 288, 1941 U.S. LEXIS 1059 (1941).

Opinions

[480]*480Mr. Chief Justice Hughes

delivered the opinion of the Court.

Petitioners, Z. & F. Assets Realization Corporation and American-Hawaiian Steamship Company, are holders of awards of the Mixed Claims Commission, United States and Germany. ' These awards have been certified by the Secretary of State and are thus payable out of the fund established by the Settlement of War Claims Act of 1928.1 Petitioners seek a judgment declaring that later awards purporting to be made by the Mixed Claims Commission in favor of the Lehigh Valley Railroad Company, the Agency of Canadian Car and Foundry Company, Limited, the Bethlehem Steel Company and others, aré null and void, and restraining the certification of these awards by the Secretary of State and their payment by the Secretary of the Treasury. The Lehigh Valley Railroad Company intervened as a defendant.

Defendants, the Secretary of State and the Secretary ■ of the Treasury, moved to dismiss petitioners’ bills for want of jurisdiction and for failure to state a claim upon which relief could be granted. The intervener defendant filed an answer and moved for summary judgment. The District Court dismissed the bills (31 F. Supp. 371) and its judgment was affirmed by the Court of Appeals. 114 F. 2d 464. We granted certiorari, post, p. 632.

The Mixed Claims Commission, United States and Germany, was set up pursuant to an agreement of August 10, 1922,2 to determine the amount to be paid by Germany in satisfaction of her financial obligations under the Treaty of Berlin of August 25, 1921.3 The Commission consisted of three members, one appointed by the United States, another by Germany, and an Umpire se[481]*481lected by the two .Governments. The Umpire was “to decide upon any cases concerning which the commissioners may disagree, or upon any points' of difference that may arise in the course of their proceedings.” It was further provided that should the Umpire or any of the Commissioners die or retire, or be unable for any reason to discharge his functions, the vacancy should be filled in the same manner as the original appointment. It was agreed that the decisions of the Commission and those of the Umpire should be accepted as final and binding upon the two Governments.

The Settlemént of War Claims Act of 1928 created in the Treasury a “German Special Deposit Account.” Section 2 provided that the Secretary of State should certify from time to time to the Secretary of the Treasury the awards of the Mixed Claims Commission, and the Secretary of the Treasury was directed to pay out of the amounts placed in the account the principal of each award so certified, with interest as stated.

The claims covered by the awards attacked by petitioners arose out of the destruction of property caused by explosions at Black Tom and Kingsland, New Jersey, in 1916 and 1917. These claims were dismissed by the Commission in 1930, and petitions for rehearing were denied in 1931 and 1932. In the following year the American agent sought to reopen the cases upon the ground that in its decision of 1930 the Commission had been misled by “fraudulent, incomplete, collusive and false evidence” on the part of witnesses for Germany. The German Government denied the power of the Commission to reopen and the Umpire, Mr. Justice Roberts, finding that there was a disagreement upon the question between the Commissioners, decided, in December, 1933, that the Commission was competent to determine its own jurisdiction by the interpretation of the Agreement creating it. ■ The Umpire ^further decided that, while the Com[482]*482mission was without power to reopen, a case merely for the presentation of after-discovered evidence, the Commission was still sitting as a court and did have power to consider the charge that it had been misled by fraud and collusion, and for that purpose to reopen the cages in order that it might consider the further evidence tendered by the American agent, and that offered in reply on behalf of Germany, and either confirm the decisions theretofore made or alter them as justice and right might. demand-

Thereafter, the German agent filedvan answer denying the .^allegations of fraud and evidence was presented. After argument, the Commission, in June,. 193b, rendered a decision, the German Commissioner concurring, by which the ruling ‘of 1932 denying a rehearing was set aside; and the question whether there should be a rehearing was reserved for a hearing which should be separate and distinct from an argument on the merits unless Germany should consent to a different course.

Efforts to obtain a settlement of the claims were unsuccessful and, after much additional evidence had been introduced, the Commission,- in January, 1939, heard extended arguments , by the agents of the respective Governments. The American agent had requested that the Commission should not only set aside the original decision of. 1930 but should also proceed -'to a final decision on the merits, as-it was contended that the evidence presented to support the application for rehearing also established the responsibility of Germany for the destruction of the property as' claimed. It also appears’ that the German .Commissioner insisted that, before the motion for rehearing should be granted, the Commission should examine- the proofs tendered by the United States to determine whether the claims had been made good. This, as stated by the Umpire, was upon the ground: that even though the Commission had been misled by false and [483]*483fraudulent testimony, that would be immaterial if, upon an independent consideration, the United States in its own cases had failed to sustain its burden of proof. The American Commissioner and the Umpire thereupon had agreed to go beyond what they thought the necessary function of the Commission in the circumstances and had proceeded to canvass with the German Commissioner the cases as made by the United-States.

During the course of that investigation, on March 1, 1939, the German Commissioner withdrew from the Commission. At the time of his withdrawal, the two Commissioners, according to the contention of the American Commissioner and as found by the Umpire, were in disagreement upon the points in issue. On receiving notice of a meeting of the Commission to be held on June 15, 1939, the German agent said that he would not appear and the German Embassy advised the Secretary of State that, since the withdrawal of the German Commissioner, the Commission was incompetent to 'make decisions.

At the meeting held pursuant to the notice, the American Commissioner filed a certificate of disagreement with an opinion sustaining ■ the jurisdiction of the Commission. The Umpire thereupon decided that there did exist a disagreement between the two Commissioners, — á disagreement of which he was personally cognizant and which was also shown by the certificate and opinion of the American Commissioner; that the jurisdiction of the Commission was not ousted by the withdrawal' of the German Commissioner “after submission by the parties, and after the tribunal, having taken the cases under advisement, pursuant to its rules, was engaged in the' task of deciding the issues^ presented”; that the United States “had proved its allegation that fraud in the evidence presented by Germany misled the Commission and affected its decision in favor of Germany”; and that upon [484]*484the record as it then stood the cases for the claims were made ous.

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Bluebook (online)
311 U.S. 470, 61 S. Ct. 351, 85 L. Ed. 288, 1941 U.S. LEXIS 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/z-f-assets-realization-corp-v-hull-scotus-1941.