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UNITED STATES v. VAN WERKHOVEN.

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK, MARCH 25, 1918.

250 Fed. 311.

This case involved an indictment under section 3, subd. c of the Trading with the Enemy Act, the question arising on demurrer. The defendant was charged with having brought a coupon gold note of an American corporation into this country. This note bore no communication other than its printed contents. The court held that the only purpose of this section of the Act was to prevent "communications" between the enemy and persons in the United States and that bringing in such a note did not violate the Act. On the other hand, the charge that the defendant had brought into the United States coupons for interest due on the bond of a friendly power where certain initials, words and figures were stamped on the coupons, was held to be sound as the purpose of such writings not being disclosed, they might well contain a communication which it was the purpose of the Act to exclude.

UNITED STATES v. MEINEL & WEMPLE, INC.

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK, FEB. 24, 1919.

256 Fed. 396.

This was a criminal prosecution against the defendants charging violation of sections 3, subd. a and 16 of the Trading with the Enemy Act. The defendants demurred to the indictment. The charge was that between October 6, and October 30, 1917, the defendants attempted business communication with a resident of Copenhagen, Denmark, and an agent of a German by the name of H. Mutzenbecher, Jr.

The defendants were in the insurance business and the correspondence in question involved insurance. The Act provided a period of thirty days to insurance companies to do business in this country without license. Sections 3 and 16 apply only where a license is not applied for or where such license is revoked.

The demurrer was therefore sustained.

PART V.

THE TREATIES OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND GERMANY AND AUSTRIA, AND PROVISIONS OF THE VERSAILLES TREATY INCORPORATED THEREIN RELATING TO

ENEMY PROPERTY.

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