-5-
 
declared to be at an end the war between the United States and the Austro-Hungarian
Government. (42 Stat. 105.) A joint resolution of Congress announcing the termination of war is
undoubtedly valid so far as domestic law is concerned but so far as concerns the international
situation, the attitude of the enemy must be taken into account. Peace between the United States
and Germany, for example, was not formally restored until the exchange on November ll, 1921 of
ratifications of the Treaty of Berlin. President Harding in proclaiming the treaty stated that the
war terminated on July 2, 192l. His action in so doing is probably explainable by the fact that the
treaty incorporated parts of the Joint Resolution of that date.
 
                             The Circuit Court of Appeals for the Third Circuit
declared in a decision in 1930 that -
 
                                     "The joint resolution of Congress of July 2,
                             1921, did not terminate the war. This resolution
                             was not legally binding on Austria, mud regardless
                             of its political effect, it was not a legal restoration
                of peace as that can be accomplished only by
                             a bilateral treaty of peace ...." (First Nat. Bank of
                Pittsburgh v. Anglo-0esterreichische--for
                             Use of Anglo-Austrian Bank,Limited, for use of Grouf,
                             37 F. (2d) 564 567-568
 
In the case of Arnold et al. v. Ellison et al., Appellants, the Superior Court of Pennsylvania
heldthat the war between the United States and Germany ended on November 14, 1921, the date
when the President proclaimed the treaty of peace between the United States and Germany.  The
court said:  "Nor