-^^0^ ^^o< ^^X"*'^^"* /''''-- 4 o ":oi^'- 4 o .0 •^-^0^ !''^^': ^ov^ :M^'' "^^0^ !«^^-. '^ov^ *- 'o ,^'\ "aV ^^^^^ '^O^ 4 o ^^^o<. cv f»* ^0 .^ CONTENTS. A. FINAL REPORT. B. BRIEF REVIEW. Page. 5 6 I. OryauizMtioii aiid I'uiKiitui.s II. Sales ^j -If Sales to the Republic t>f France ~~~ Ig Sales for "Liberated Nations'' Oift to Ked Cross 2S 30 < niercial sales of property located in France 31 ^5(•I^'ian .sales and j;eneral settlement -^^ Sales in (Jernianv '.,', ' ~ ,i-f ."^ales in Lnpland _ ^f. Summary of sales "~~ ,^y III. Settlements of claims — --— Sottlenieiirs with (Jreat Urirain ~ ~ 4., r.rirish artillery and annuunition .settlement 43 Australian wool settlement _ 4:5 The ("uthell settlement 4— St'irlemeiit of tank agreements _ _ 40 I'.ritish Liberty motor settlement r.> r.ritish interest claim -.> l.iquid.-'tinn of nitrate jiool _ __ -^ Kills, acc.iunts. jind .laiins lu-ndiiiL' in Great Britain r,(j Excess rosts claim -^ Overhead expense claim -q Suppiomeiiral chiim for railway rranspdrtation 59 Contract claims of nationals ___!'_ m Sottlemcnts with France "~ 61 French artillery and ammunition settlement 01 French aircraft .settlement " (j3 Liberty motor settlement g5 French transportation .settlement q<5 French port dues .settlement " 70 General settlement with the French Government Indemnitication of America by France against nil claims of nationals for torts, workmen's compensation, rents, requi- sitions, and damages ~_f Summary _ ,-« General settlement with Belgium ~~~"~ -^ General settlement with Italy ~ _^ _ ^^ Negotiations for settlement with Luxembourg _ gi IV. Conclusion __ - -- _ . 3 <_ FINAL REPORT OF THE UNITED STATES LIQUIDATION COMMISSION- WAR DEPARTMENT. To the lionorable the Sjxuktauy (ik War: The T'niteil States Liijuidation Commission — "War Department Avas created February 11. WV-K "as the central aL^eney "' (1) to dis- pose of America's surphis war stocks in Knrope, and (2) to settle all chiinis and acconnts between Allied (lovernments and their nationals on the one i)art and the United States War Department on the other part, ^a-owing ont of or in anywise connected with the war. The duties and responsibilities of the Commission have fallen naturally into two ori.neral divisiims: (1) Sales and {'2) settle- ments of accounts and claims. Salks. — The stocks, the disposition of which constituted a part of the Commission's task, were located chiefly in France, but some of them were in (Jreat Britain, some in (Jermany, Holland. Belo^iiun, Spain, Portugal, and Italy. Ont of them more than 2.(K)<),0()() men were fed, supplied, and ecpiipped pending their return to America at the rate of appi'oximately ■J.'iO.OOO men per month until the return transportation was completed the latter part of 1911). Supplies and equipment of the estimated value of $672,000,000 were returned to the T'nited States. The balance was sold in Europe for $822,- '.>2:^.22r>.>2. Sales of approximately $108,700,000 were made for cash on de- livery; sales of approximately $.')32.500,000 were made to the French Government: sales amounting to about $29,000,000 were made to Belgium: and sales aggregating $140,100,000 were made to I'oiand. Czechoslovakia. Serbia. Txomnania. and other so-called liberated nations of Central Europe and the Near F^ast. Those made to the nations mentioned are evidenced by their ."» j)er cent interest-bearing bonds maturing from 2 to 10 years after date. Other sales were made on short-term credits, which have been or are l)eing collected by the appropriate Army services. Tlie mo.st important sale consummated was what is known as liio •• liulk .^ale to France" of surplus war stocks remaining unsold in France on .Vugust 1, 1919; the considerations moving from France 5 6 UNITED STATES LIQUIDATION COMMISSION. being (a) $400,000,000 in 10-year 5 per cent bonds; (l) the assump- ;tion by France of all rents for installations accruing after August 1, 1919, and the agreement of France to hold America harmless against all claims (numbering approximately 150,000) of every nature what- :soever arising out of American occupation and use of such installa- tions and lands; and (c) the waiver by France of all claims whatso- eA^er (conservatively estimated at $150,000,000) for taxes or customs duties on properties imported into France and sold since April 6. 1917. Eight hundred and eighty-one thousand nine hundred and nine animals were sold for $35,133,065.02. Pursuant to an act of Congress passed in July, 1919. the Secretary of War, acting through the Commission, delivered to the American Eed Cross, without cost to it, medical, surgical, and hospital sup- plies and equipment, and dietary foodstuffs of the value of $9,964,851.16. Settlements. — The settlement of the mutual claims between the United States War Department and the nations associated with us in the war have for the most part taken the form of a series of contracts of adjustment. Wherever possible, controversies were composed, mutual accounts stated, and a balance struck, so that by this set-off process cash payments were reduced to a minimum. The principal contracts^ of this nature may be brief!}' summarized as follows: (1)^ A contract whereby France assumed all of our obligations to the railroads of France, covering all services rendered from our entry into the war to October 1, 1919, upon our agreement to pay 434,985,389.73 francs. This payment settles all bills for carrying and re-carrying more than 2,000,000 men over the longest lines of com- munication of any of the Allied Armies, including their travel on leave; for carrying the American Army of Occupation over French railroads to and from German}': and for transporting and handling- over 15.000,000 tons of freight.' (2) A contract whereby France assumed all obligations to local chambers of commerce and other claimants for costs incurred in rais- ing water levels for our use and benefit and for all charges for port dues for the entry of American vessels in French ports between April 6, 1917, and the time of the complete evacuation of France by American forces, upon our paying 3,000,000 francs. (3) A contract whereb}' France assumed all claims of any person, organization, association, corporation, commune, or department of France against America for damage to, use, or loss of property, or injury to or death of persons, arising between April 6, 1917, and Deceml)er 31, 1919, upon the payment by America of 12,000,000 francs. UNITED STATES LIQUIDATION COMMISSION. ' (4) A contract of general settlement with France, dated Novem- ber 25, 1919, finally and for all time disposing of all claims and con- troversies between France an.l the War Department of the United States, by the terms of which France acknowledged an indebtedness to America (in addition to the $400,000,000 evidenced by bnlk sale bonds) of $177,U1>.S(',('..SC), and America acknoAvledged an indei)ted- ness to France (in addition to the amounts mentioned in the three preceding paragraphs) of 1,488,619,027.52 francs. (5) A contract of general settlement with Belgium, dated Novem- ber 17, 1919. finally and for all time disi)osing of all claims and con- troversies between Belgium and the AVar Department of the United States, by the terms of which Belgium acknowledges a net balance due the United States of $27.1(i-2,7L>().9:'>. evidenced by three-year 5 per cent bonds. (6) A contract of general settlement with Italy, dated February 18, 1920, finallv disposing of all claims between Italy and the AA ar Department of the United States, showing a net balance in favor of Italy of the sum of 20,106,546.75 lire, which has been paid. (7) Contracts with Great Britain, whereby (a) the United States Avas relieved from the payment of all indemnity claims under con- tracts for the purchase of artillery and ammunition in process of manufacture, upon the purchase by and delivery to the United States at cost of completed artillery units and ammunition equal to such claims: {h) the United States was relieved of a contract to take delivery of 210,000 bales of Australian wool, at a cost of approxi- mately $38,800,000, without the payment of any indemnity; (c) the Anglo-American tank enterprise was liquidated, yielding the United States 6,000,000 francs; {d) mutual interest claims were settlecl covering a long period, resulting in the payment to Great Britain of £797,854; and {e) the nitrate pool was liijuidated. (s) Numerous claims by nationals of France, Great Britain, Italy, Spain and Switzerland, principally for indemnity growing out of the cancellation of war contracts, have been considered and disposed of: 446 claims which, expressed in dollars at the normal rate of ex- change, totaled $17,427,175.41, were settled by the payment of $8,413,- 984.19: while 5:', claims, aggregating in amount $739,894.91. were rejected. Some conception of the C/ommission's task can be formed from {a} the statement of amounts involved in the settlements negotiated and actually consummated by and under the direction of the Commission of mutual accounts and claims between the United States War De- partment on the one part and the Allied Governments and their nationals on the other part (which settlements were where possible b UNITED STATES LIQUIDATION COMMISSION. consummated through set-otfs without cash payments) and (0) the amount of sales of property made by the Commission, as follows : Amounts involved in settlements: Settlements with France ^ $748,392,004.82 Settlements with Great Britain 112,996,912.16 Settlements with Belgium 2, 279, 827. 12 Settlements with Italy 12, 620, 173. 75 Settlements with indiviihials, associations, and others 17, 427, 175. 41 Total amount involved In settlements 893,716,093.26 Amounts of sales: Bulk sale to France 400,000,000.00 Other sales, stated in dollars 377,905,193.23 Other sales, stated in francs and converted 45, 018, 032. 59 Total amount of all sales 822,923,225.82 The Commission was created February 11, 1919. The two re- maining commissioners are herewith tendering their resignations on this the 31st day of May, 1920. The total expenses incurred and disbursements made by the Commission aggregate $222,883.17. These expenditures are a trifle less than thirteen one-hundred-thou- sandths (0.00013) of the amounts involved in settlements made and sales negotiated by the Commission. There is annexed to this report a brief review of the activities of this Commission. There is also forwarded a bound volmne of the minutes of the daily meetings, comprising 470 closely t^q^eAvritten pages, with an index. The files of the Commission have been re- viewed, indexed, and delivered to your representative. The Commission desires to acknowledge the loyal and efficient services rendered by the several members of its staff, without which the performance of its tasks would have been impossible. It is also the pleasure and privilege of this Commission to acknowl- edge that in the performance of its tasks it has had the whole- hearted and efficient support, assistance, and co-operation of the mili- tary forces, particularly of Gen. John J. Pershing, commander-in-chief of the American Expeditionary Forces; of Maj. Gen. J. G. Harbord, commanding general of the Services of Supply, and later of his successor, Brig. Gen. William D. Conner; and the chiefs of all of the services and the members of their respective staffs. While the Com- mission sometimes found itself handicapped and its work impeded for want of complete and accurate records, the only wonder is that the records were as nearly complete and accurate as we found them. The whole heart and mind and effort of the American Expeditionary Forces were bent on driving forward to Avin the war, not to make paper records, and the ordinary rules of business and of commer- cial usages did not and should not have obtained. For this and UXITED STATES LIQUIDATION COMMISSION. 9 other reasons, it was i)articularly important that our li(|ui*lali()U in Europe should be accomplislied as speedily as possible and be- fore the officers and men who ^yere familiar witli various under- takin. Parker (chairman), Briof. (ien. Charles (t. Dawes, Homer H. Johnson, and Henry F. Hollis. The organization meet- i.UiT of the Commission was held in Paris on March IT. 1'.>11>. On July I'ti. l!)ii>. when the l>ulk jd'acticall; consummated, (hu. Dawes and Mr. JoluLson tendered their resig- nations, which were accepted. (len. Dawes returned to the United States, wheie. after his demohilization. he resumed Ids duties a> president of the Central Trust Co. of Chicago, having given tVcely to his country of hi-; time and means through(Mit the wai'. Mr. John- son joineil a commission created l>y the |)eace conference to study and rej)orr on conditions in Poland. The nieml)ership of the Com- mission was then reduced to three, anil Col. J. H. (iraham. who had for sometime past l)een acting as executive olHcer of the Commis- sion, was niaile a member. On October -M. 1!>1'.>. Senator Hollis ten. dered his resignation, which was acce])ted. and the \acancy thus created was nevei- tilled. Upon the organization of the Commission, rluiuus (i. Adams, a member of the Asheville, N. C.. bar, formi-ily a judge advocate with the rank of major, became the Conuuission's executive secre- tary, lie attended all the meetings of the Commission and partici- l)ated in the deliberations. pre])ared the minutes of all otiicial iu-o- ceedings. and orgaiHzed and ds. It was clear that the hungry, cold, and industrially de- nu-ralized people of Europe stood in crying need of a large per- centage of these supplies — supplies which under existing conditions could not, as a whole, be advantageously returned to America at any ime, and such part of them as might justify the cost of han- dling and transportation could hardly be held in France until con- ditions should become nearly enough normal to make possible tlieir shipment. It was, therefore, after the most careful and iiainstaking consideration, and after prolonged conferences between the Secre- tary of War and the members of the Commission, that the con- clusion was definitely and unanimously reached that it was to the interest of the United States and the duty of the United States to sell the major part of these European surpluses in Europe. But there were several not inconsiderable obstacles in the way of a speedy and businesslike disposition of these stocks even in Europe. France really needed and wanted many of them. Belgium wanted and needetl some of them. The so-called "liberated countries" of Central Europe and the Near East were in dire need of all they could get in the way of foodstuffs, clothing, medical supplies, and transportation equipment. But none of these countries were in a position either to pay cash or to purchase on short-time credits. 18317G— 20 2 18 UNITED STATES LIQUIDATION COMMISSION. The exchanue of every one of them was far below normal and was declining rapidly. The first problem, however, which confronted the Commission was tliat of determining just what it had for sale and what wonld be reasonable selling prices. The task of preparing comprehensive but condensed Avorking inventories, classified and summarized within a compass small enongli for practical use, setting forth the quantities, nature, and condition of these stocks, their cost laid down in France, and their probable utilization or sale value, was one of immense proportions. This difficult}^ was tremendously enhanced by the facts that (1) the stocks had been acquired from many different sources, (2) they were located in several liundred places, (3) their quantity and condition was being reduced by constant use, and (4) their value was too often diminished by handling, natural deterioration, or by unavoidable exposure or disuse. After careful study and c-onferences with the Army officials and especially with the chiefs of each of the services and the members of their staffs, the Commission adopted a plan and prescribed a form for the compilation of inventories of personal or movable stocks (as distinguished from installations, which were separately inventoried) under 18 distinct categories or classes, each of which categories was in turn subdivided.^ The task of compiling these inventories, summarizing and classi- fying them, Avith a view^ to showing, so far as practicable, the relative conditions of the various articles was one bristling with difficulties, especially as during all of this time the American Expeditionary Forces was a " going concern." The depots w^ere necessarily drawn upon for current supplies for the troops in France, for return of materials and equipment to the United States, and for supplying and equipping the American forces in Germany. New stocks were coming in from time to time as agreements in cancellation of con- tracts of purchase or manufacture w^ere reached and small deliveries taken in liquidation. Stocks were constantly flowing into the main depots from smaller posts and outlying districts as these were evacu- ated. For the compilation of these inventories the Commission was compelled to rely upon the Army, which held the custody of the stocks. The Army had to rely upon civilians who had come to France to fight, not to engage in Army clerical work — men who hav- ing won a glorious victory had one thought uppermost in their minds — to return home. The Army had a personnel constantly shift- ing and changing, due to withdrawals for return to the United States, to civilian life and interests. But it is believed that each service did its best, and, on the whole, did well, considered in the light of all of ' See Appendix VI for list of the 18 " Categories," witli tbe classes of stocks under each. UNITED STATES LIQUIDATION COMMISSION. 19 4 the cireiunstrtnces. It is interestinir, parenthetically, to note here that neither the British nor the French services have even yet compiled a general inventory of their surplus stocks. The problem of valuino- the inventoried stocks was fraught Avitli many difficulties, Avhich had the most painstaking consideration of the Commission and its advisors. Clearly, cost, condition, possible usefulness, supply and demand were the principal factors for consid- eration in determining selling value. But cost varied greatly on ac- count of the multiplicity of sources of supply of almost an infinite number of articles, and the unknown and necessarily estimated ex- penses of transportation and handling. Condition varied with use, extent of handling, care, action of the elements, etc. Utilization value is necessarily indefinite, depending on demand and supply and the location of the stocks and transportation facilities, on whether the stocks are complete or broken, balanced or unbalanced, and on numerous other factors. As the work of preparing, classifying, and summarizing the inventories by categories progressed, the problems of valuing these stocks were studied intensively and continuously by the Commission and its advisors and, at the same time, by the French authorities, with whom the Commission was negotiating for their sale. The work of supervising for the Commission the compilation of inventories, according to categories, was intrusted to Col. J. H. Cxraham, who had already, in the Army Engineer Corps, abundantly demonstrated his ability, thoroughness, and trustworthiness. It took a strong force, working continuously and under constant pressure, more than six weeks to complete these inventories and to summarize and classify them. As the work progressed, the Commission, with the assistance of Col. Graham, the chiefs of the services and experts draAvn from each service, carefully studied the inventories, took into account and discussed every known factor of value, giving to each factor such weight as seemed proper, and fixed and determined what they believed to be reasonable selling values. Actual war costs, in- cluding transportation and handling, were naturally the starting point and one of the determining factors. Pre-war normal costs were considered and quite frequently these were found too Ioav. As these stocks were assembled, shipped, handled, and stored under conditions of abnormal pressiu-e, their depreciation was in many instances ab- normally great. jNIany of the stocks were designed for war uses only and had a relatively small commercial value. Both France and Eng- land had large surpluses of many of the materials, which supple- mented by our stocks in Europe, were more than the markets of the world could readily absorb for several years to come. All of these facts, and many other incidental ones, were taken into account in arriving at the '* estimated present values " or " utiliza- 20 UNITED STATES LIQUIDATION COMMISSION. tion values" of these stocks by cate<2:ories. These were intended to represent prices at which they could, when classified, assorted, and conditioned, be sold in France at wholesale. From the ag'gresrate amount this reached it was oliAiously proper to make liberal deduc- tions to cover the cost of merchandizino;. labor, storage, insurance. interest, and other overhead expenses. The fact was taken into ac- count that there will inevitably be a large deterioration, not only in the quality of the stocks, but also in their market price before all of them can possibly be disposed of. The Commission took into account the risk of loss by fire, by theft, and by other causes. They took into consideration the fact that the stocks were widely scat- tered, had not been assembled for commercial purposes, and were not in the hands of a going concern, equipped to replenish them from time to time and market them to the best advantage. Giving due alloAvance to all of these considerations, it was concluded that a fair deduction from the aggregate " estimated value '" of these stocks for the purposes of a bulk sale would be 25 per cent. On this basis the stocks and installations were valued, as of July 19. 1919, at $562.2;3().S(}0.02.^" and this is the value whicli the Commis- sion had in mind when it entered upon the final stage of its negotia- tions with the representatives of France, which resulted in the con- summation of the " bulk sale." In the meantime the Commission, beginning with interviews held in March, had been diligent in ])ressing its negotiations with the rep- resentatives of the French Government with a view to concluding a sale or to developing the fact that one could not be made. INI. Paul Morel, the Sous-Secretaire cl'Etat aux Finances pour Liqiddation des Stocks (the minister particularly charged with the liquidation of war stocks), had been designated by the French Government as its representative to deal with the Commission in matters pertaining to the contemplated purchase. Numerous conferences were held with him. At a long meeting on April 7. it was agreed in principle that France should purchase all of the American installations at a price to be agreed upon, assuming, as part of the price, the payment of all claims for rents, requisitions, restorations, damages, and other charges against the United States which had arisen against these properties. The disposition of the installations was the first problem under- taken by the Commission. Immediately after its creation and before the chairman left the United States, a cable was sent directing the preparation of an inventory of all American Expeditionary Forces' ^ See Appendix VII, Chart A, which shows summai-ies of values by categories on which the final negotiations with France wero based. The difference between column F and column H is represented by a series of differences in quantities. These reductions are shown by services on Chart B, Appendix VIII. They are calculated also by cate- gories, and represent sales and other dispositions since the inventories were made. UNITED STATES LIQUIDATION COMMISSION. 21 installations in France. A very capable committee of officers from the Engineering Corps, with Col, J. H. Graham as chairman, was promptly selected and undertook this work. Later Brig. Gen. Jad- win became chairman of the committee and the oOO-page report which it prepared is familiarly known as the "Jadwin Eeport." Following the conference of April 7, a copy of the Jadwin Report, showing " war costs " and estimated " normal costs," item by item, of all the American installations in France, was given to M. Morel, who imme- diately arranged to have a large corps of his engineers make personal inspections and reports on these installations, checking against the Jadwin Report. The methods adopted by the French in valuing this property differed in several respects from those adopted by the Jad- Avin committee. In order to adjust and reconcile these differences, the Commission called to its aid Col. J. H. Graham, who, as already })ointed out, had a large hand in the preparation of the Jadwin Re- port. He organized a staff and placed an American representative with each of the units of French engineers sent out by M. Morel to make a first-hand study and report on the condition and value of the installations. AVhen the reports were completed. Col. Graham's committee held a series of meetings covering a period of more than two weeks with the committee of French engineers at which notes were compared, adjustments made, and differences reconciled. The Jadwin Report showed total war costs of all American installa- tions in France, includin,g transportation and handling of material, soldier labor, and all other elements, at $165,661,000 and normal costs of the same properties at $81,543,000. The joint American and French committee, after making deductions for the estimated liabili- ties assumed by France for rents, requisitions, restorations, and dam- ages, placed the net present estimated value of all American installa- tions in France at $39,256,500. In comparing these figures and judging their significance, one must bear in mind that these installations were of every conceivable type — barracks, camps, hospitals, warehouses, machine shops, docks, tele- phone and telegraph lines, railroad yards, etc. They had been con- structed on land for the most part requisitioned for war use and be- longing to approximately a hundred and fifty thousand separate owners. Most of these owners had claims against the United States for rents, for requisitions, for damages, for restorations, for damages to crops, for removal of vineyards, orchards, trees, and structures, for building roads, putting in drainage systems, etc. Our right to occupy these lands terminated with the war. We had taken them over under obligations imposed by law to return the lands to their owners in the condition in which we had found them. While the French Government, under its power of eminent domain, could ac- quire or permit us to acquire these properties for war use, the French 22 UNITED STATES LIQUIDATION COMMISSION. law does not permit the exercise of this power in our behalf for ac- quiring; permanent titles. In fact, the French law does not permit a foreign sovereign power to acquire a^permanent title to real estate within its domain except by courtesy for the use of diplomatic repre- sentatives. The French Government, however, could ac(|uire per- manent title by eminent domain to such of these properties as it might wish to preserve or dispose of in their present condition. Manifestly, therefore, our position as party to a bargain was one of extreme dis- advantage. We had either to sell to the French Govei'nment or to tear down and salvage the constituent materials. Under a salvage program many of the properties would have turned out to be distinct liabilities instead of assets, especially as we would have been required, at a ver}^ heavy overhead expense, to hnxe negotiated and settled a very large number of claims for rents, dam- ages, and restorations. It is estimated that it would have required the labor of 40,000 men for a period of 6 or 8 months to dismantle these installations and salvage the constituent materials. This task would have fallen upon our Army Engineer Corps, for competent French labor was not obtainable. Under agreement reached Avith M. Morel, however, the selling value of each piece of property was arrived at, not by considering its salvage value to the United States, but by taking into account every factor entering into the determina- tion of the net " utilization value " of such piece of property to the French Government. On the whole, it is believed that the result obtained Avas a very fair one, alike to America and to France. While these studies with respect to the value of the fixed prop- erty were in process, the Commission pressed upon M. Morel and the other French representatives the plan which it had been develop- ing for selling to France the major portion of the movable or per- sonal American Expeditionary Forces' property in France. At first the French representatives suggested that they might select such of these stocks as they could use to advantage and undertake to agree with the Commission on a price and terms of payment. This plan would have left on our hands vast stocks of a character and condi- tion such that their return to America would not have been justified, and at the same time they would have been stocks of which France and England were carrying large surpluses. Our stores would have been left creamed off and more unsalable than they were at the start. The Commission urged upon the French representatives that as all these stocks were on their soil and many of them located where they w^ere greatly needed and as great quantities of them could be used to advantage in the reconstruction of the devastated regions. France was in a most favorable position as buyer and, under the circum- stances, it was her duty to buy them in bulk, taking the bad with thfe good. The Commission desired onlv to reserve a sufficient (luantitv UNITED STATES LIQUIDATION" COMMISSION. 23 of supplies and equipment for the use of our Ann}'^ while in Europe, of foodstuffs, clothing, and medical supplies, to satisfy the pressing- needs of the "liberated nations," and to cover such sales as were being negotiated in Belgium, Spain, and elsewhere. In response to this, M. Morel submitted three alternative proposals : (1) France would sell these stocks as agent of the United States, accounting without profit for the proceeds; (2) France would take the stocks at a fixed price, sell them, and if the net proceeds should exceed the fixed price, would account to America for the balance; but if the net proceeds should be less than the fixed price, America should pa}^ to France the difference ; or (3) France would purchase the stocks outright at a fixed price. The third proposal was con- sidered by the Commission as the only feasible one and was accepted by it in principle. While these negotiations were in progress, the Commission was at the same time using every agency at its command to develop markets and to press sales outside of France. Numerous and extensive sales were made to the various " liberated nations," to relief societies, and to other associations and to individuals. On May 6, the principle of the " bulk sale " to France was agreed upon, subject to a con- clusion between the parties on price and terms of payment; and it Avas understood that from that day forward all sales made by America to France should be billed in the usual waj^ and be paid for by France, should the " bulk sale " miscarry, but that such bills should be cancelled by America, if the " bulk sale " was consummated. It was further agreed that the Commission might continue to make sales to the '* liberated nations," to Belgium, to Spain, and to others, but that all proposals for such sales should be submitted to M. Morel in order that he might keep fully informed concerning the extent and condition of the stocks on which his men were busily engaged calculating a price. It was in accord with this understanding that large sales were made for ex.port out of France between the 6th day of May and the 25th day of July, when the terms of the " bulk sale " to France were finally settled. Notwithstanding the greatest diligence on the part of the Com- mission in pressing its negotiations, progress was too slow to keep pace with the demand for the rapid withdrawal of troops, especially from the advance sectors. Therefore, on May 1, an agreement was entered into between the Commission and the French Government under the terms of which the American Expeditionary Forces could withdraw their troops from any particular zone in France, and. by giving 10 days' notice to the French commander in such zone, deliver to the French on joint inventories all American stocks located in the zone. These joint inventories set forth the stocks, showing " kind," " quantity," and " percentage of condition as compared to 24 UNITED STATES LIQUIDATION COMMISSION. ncAV,"' and stipulated that the stocks were held by France without expense to America and subject to the directions of the Commis- sion. They were sio:ned by French and American officers.'' This procedure did not apply to 18 of the largest depots which were retained in the custody of America until the stocks were defi- nitely sold. This plan made it possible to continue the homeward movement of troops without interruption, and made it unnecessary for us to hold thousands of men in France as custodians of these stocks until they could be delivered under the terms of the sale. During all of this time the work on the inventories was being pressed forward. As soon as the summaries by categories could be finished for any service they would be handed to M. Morel, who, through his representatives, would use them as a basis for check- ing and inspecting the stocks. While this work was going on, it became evident that the French were very hesitant about taking the Avhole body of materials in a bulk, for it was becoming clear to them that the French Government already possessed stocks of cer- tain categories in excess of the amount which France could readily absorb for some time to come. Unfortunately, these were chiefly categories of materials whose return to the United States could not be justified and which were at the same time a drug on the markets of Europe, such as barbed wire, trench materials, ammunition, field cooking utensils, gas materials, etc. Finally, after much pressure, on July 2, M. Morel submitted his first bid, viz, 1,500,000,000 francs. It was submitted orally in con- ference and the reply was immediately made that the Commission could not give the bid serious consideration. Numerous prolonged conferences followed. In order that there might be no misunder- standing of the Commission's position, the chairman wrote at length to M. Morel, on July 7, a letter the spirit of which can be gathered from the following excerpt. "After the sacrifices, which can not be measured in terms of dollars, wliich have been made by botli of our peoples, it would be criminal stupidity on the parts of the representatives of both our Governments to fail to agree on the dis- position to be made of the surplus war supplies remaining on French soil. This Commission sincerely hopes that it will not be forced to sell for shipment out of France anything that the French people really need or can utilize to advan- tage, and we are therefore not only willing but anxious to make to the Gov- eniment of France a price for this pi'operty which will be attractive to it and to extend credit for the entire purchase price. " See Appendix IX for form of receipt given by the French Army to the American Army upon the turning over of stocks before the sale. The inventory referred to had the following headings : " Article," " Unit," " QuaJitity," " Percentage of condition as com- pared to new " ; and was initialed on each page by both of the signing officers. UNITED STATES LIQUIDATION COMMISSION. 25 "May I not in conclusion remind yon tliat, as the treaty of peace with Germany has been signed and measures have been taken by your Government and ours, together with their associates, to insure a lasting peace, and as the American Expeditionary Forces are being very rapidly withdrawn and returned to their homes, it is imperative that the surplus war supplies belonging to our Govern- ment, in France, should be speedily disposed of, if not to the French Government, then to others who urgently need and are seeking to acquire them, to the end that they may be promptly and fully utilized to bring back a measure of pros- perity to the suffering peoples of the world." No good purpose could be accomplished by showing here in detail the course of the negotiations during the succeeding three weeks. They were carried on not only by the Commission and M. Morel but by M. Tardieu, Commandant Oppenheim, Commandant Var- aigne, and numerous other representatives of the French Govern- ment. Besides the question of price, the question of the currency in which the French obligation should be stated, was most earnestly debated between the parties. The French representatives insisted that the purchase price should be stated and paid in francs, while the Commission declined to consider any oiler not expressed m dollars. M. Tardieu, after conferring with the French treasury, proposed that the purchase price might be stated in dollars, but that a condition should be added to the effect that if the cost to France of- finally discharging the indebtedness should be more than 5.18 francs per dollar, such excess should be borne equally by France and the United States. This proposition was declined. On July 19 the following proposal was submitted by the Frencii representatives : 1. France should pay five years after date 2,035,000,000 francs. 2. France, in her own Avay, should proceed to sell the American stocks and, after deducting the expenses, divide equally with the United States any balance exceeding the price named. In response to this proposal the chairman expressed the following views : 1. France would not wish to dispose of these stocks on a strictly business basis, nor would she be justified in so doing, but she would desire to use them, to a great extent, in connection with the rehabilita- tion of her devastated regions, at prices and on terms which only France could afford to extend to her nationals. 2. It would be practically impossible for France to keep these stocks segregated from her own property of the same class, and thus impossible to make a separate accounting. 3. The plan seemed to contain the germs of controversy and fric- tion which might in the end cost the two Governments more than the value of the property involved. 4. A definite, final, complete, and unconditional sale, leaving be- hind no loose ends calculated to breed trouble, was most desirable. 26 UNITED STATES LIQUIDATION COMMISSION. Filially, at a i)r()loiiij:e(l conference held on Jnly '24. a tentative agreement was reached on terms substantially those contained in the final bulk sale contract. The four members of the Commission, as Avell as Col. Graham, participated in the discussion and the con- sideration of this tentative agreement, and the Commission unani- mously voted to authorize and direct the chairman to i)repare and execute in the name and on behalf of the commission, the contract which became the agreement for the bulk sale.^" Tuder this contract, dated August 1. 1919, the consideration mov- ing from America is : All property — real, personal, or mixed, Avithout guaranty of quantity, quality, or condition — belonging to the United States War Department and located Avithin France on that date: fon demand, further Ked Cross material at cost to France." Under this ccmtract the considerations moving from France are: (1) $400,000,000 in 10-year 5 jier cent bonds, with semi-annual in- terest from August 1. 1920: (2) the assumption by France of all rents for. installations accruing after August 1, 1919, and the agree- ment of France to hold America harmless against all claims of every nature Avhatever arising out of American occupation and use of such installations and lands: (o) the waiver by France of all claims what- soever for taxes or customs duties on properties imported into France and sold since April 6, 1917. ^lost of the jn-operty which the Commission sold in France was brought in without the payment of import duties. Until this con- tract was signed the French Government had never relinquished its right to claim the payment of such duties, though the point was vigorously pressed, both by the Commission and by the representa- tives of the British Government in France, that the salvaging of surplus war stocks was an incident of the war and as such they could not be held subject to import duties. The French position on this point was, however, a strong one. It was supported by a preced- >« See Appendix X for (1) a copy of tJae^lmlk sale contract as signed; (2) the French law of Oct. 21, 1010, ratifying the sale ; (3) the letter of transmittal of Aug. 4. 1010. and (4> the supplement to the letter of transmittal, dated Aug. 11. 1010. 1' All ad.iustmeiits arising under these reservations or any of the other terms of this bulk sale contract have been made by the Commission and the French (Tovernmcnt and are merged in the contract of general settlement dated Nov. 2r>, 1010. hereinafter referred to. so that this bulk sale contract is now a completed transaction. UNITED STATES LIQUIDATIOX COMMISSION. 27 ent set by the Ignited States Government in dealing with the sur- phis stocks left in the Philippine Islands at the close of the Spanish- American War. the usual customs duties having been paid on such stocks. The Commission had the inventories studied in connection with the French tariff schedules, and it was found that $150,000,000 was a conservative estimate of the aggregate customs duties, payable under the normal rules, for all of our stocks in France. This claim was given Aveight in fixing the final purchase price of $400,000,000. The wisdom of making this bulk sale has been amply demon- strated by subsequent developments, particularly by the experience of the British (jovernment. The course pursued by this Commission was to promptly sell in large l)locks what could be so sold to advan- taae. and then sell the remainder in bulk to P'rance. XotAvith- standing the fact that the British war stocks Avere so located in France that it was unnecessary to ship them exceeding 200 miles both by rail and Avater to reach central points in England, and Great Britain Avas. therefore, not confronted Avith the problem of long- distance hauls on oAcrcroAvded French railroads and a 3,000-mile ocean voyage in order to reach her home markets ; the British authori- ties decided that it Avas advisable for Great Britain to consummate a bulk sale of their Avar stocks in France, and began negotiations with the French authorities to this end during the time the negotiations for the bulk sale of the American stocks were in progress. It is reported that these negotiations are still pending. The cost of hold- inu:, guarding, and caring for this immense Avar stock has been tre- mendous, and the percentage of depreciation from natural causes, exposure, theft, and general deterioration Avill amount to a A'ery sub- stantial part of their original value. These unsold stocks are of no benefit to anyone and their value is constantly shrinking. The En