My reasons for the foregoing determination and order are:

(1) The short notice given of the sale and inadequate opportunity for purchasers to inform and prepare themselves to bid.

(2) The exclusion of the public from the sale, which deprived it of the public character required by the aforesaid Act of Congress as amended.

(3) The advertised conditions of the sale excluded American corporations who are legally entitled to bid, and contained several objectionable details. (4) The sale was not made under the rules and regulations prescribed by me and as required by said Act as amended, and not in accordance with the instructions and policies of the Alien Property Custodian.

WOODROW WILSON.

THE WHITE HOUSE,

13 September, 1918.

EXECUTIVE ORDER CANCELLING SALE OF FROEHLICH AND KUTTNER MADE TO COMPANIA MERCANTIL DE FILIPINAS BY THE ALIEN PROPERTY CUSTODIAN'S REPRESENTATIVE PURSUANT TO THE "TRADING WITH THE ENEMY ACT" AND AMENDMENTS THEREOF.

[No. 2954.]

By virtue of the authority vested in me by "An Act to define, regulate and punish trading with the enemy, and for other purposes", approved October 6, 1917, known as the "Trading with the enemy Act", and the amendments thereto embodied in "An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June 30, 1918, and prior fiscal years, on account of war expenses, and for other purposes", approved March 28th, 1918, and all other powers and authorities me hereto enabling, I hereby, in the public interest, make the following determination and order: Whereas, A. Mitchell Palmer, Alien Property Custodian, has reported to me that a certain property known as Froehlich & Kuttner, was offered for sale at Manila, in the Philippines, by Francis Burton Harrison, the Custodian's representative in the Philippines, on May 1st, 1918, and the said property was bid in by Compania Mercantil de Filipinas, on May 10th, 1918, and that the said sale was not advertised or conducted in accordance with rules and regulations prescribed by me, as required by the said "Trading with the enemy Act", as amended, nor in accordance with the instructions and policies of A. Mitchell Palmer, Alien Property Custodian, and that he has therefore disapproved the said sale;

Now, therefore, I hereby declare the said sale to be void and of no effect, and I hereby authorize and direct the Alien Property Custodian to reject all bids received at the said sale, including the bid of the said Compania Mercantil de Filipinas.

My reasons for the foregoing determination and order are:

(1) That by the powers granted me under said Act of Congress, and by the Executive Order issued by me on October 12th, 1917, to the War Trade Board; and by the license granted by the said War Trade Board, the firm of Froehlich and Kuttner should have been liquidated under said license and by the party designated in said license, and not sold by the Alien Property Custodian's representative.

(2) That, even if the Alien Property Custodian's representative had had the power to sell and liquidate said firm, that not sufficient notice or adequate opportunity was granted to purchasers to inform and prepare themselves to bid.

(3) The exclusion of the public from the sale, which deprived it of the public character required by the aforesaid Act of Congress as amended.

(4) The advertised conditions of the sale excluded American corporations who are legally entitled to bid, and contained several objectionable details. (5) The sale was not made under the rules and regulations prescribed by me and as required by said Act as amended, and not in accordance with the instructions and policies of the Alien Property Custodian.

THE WHITE HOUSE,

WOODROW WILSON.

13 September, 1918.

AN EXECUTIVE ORDER CANCELING SALE OF PART OF A. RICHTER & COMPANY, KNOWN AS "LA SOMBRERIA" MADE TO E. P. BRIAS Y ROXAS BY THE ALIEN PROPERTY CUSTODIAN'S REPRESENTATIVE PURSUANT TO THE TRADING WITH THE ENEMY ACT" AND AMENDMENTS THEREOF.

[No. 2957.]

By virtue of the authority vested in me by "An act to define, regulate, and punish trading with the enemy, and for other purposes," approved October 6, 1917, known as the "Trading with the enemy act," and the amendments thereto embodied in “An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June 30, 1918, and prior fiscal years, on account of war expenses, and for other purposes," approved March 28, 1918, and all other powers and authorities me hereto enabling, I hereby, in the public interest, make the following determination and order: Whereas, A. Mitchell Palmer, Alien Property Custodian, has reported to me that a certain property known as "La Sombreria " part of A. Richter & Company, was offered for sale at Manila, in the Philippines, by Francis Burton Harrison, the custodian's representative in the Philippines, on March 21, 1918, and the said property was bid in by E. P. Brias y Roxas, on April 1, 1918, and that the said sale was not advertised or conducted in accordance with rules and regulations prescribed by me, as required by the said "Trading with the enemy act," as amended, nor in accordance with the instructions and policies of A. Mitchell Palmer, Alien Property Custodian, and that he has therefore disapproved the said sale;

Now, therefore, I hereby declare the said sale to be void and of no effect, and I hereby authorize and direct the Alien Property Custodian to reject all bids received at the said sale, including the bid of the said E. P. Brias Ꭹ Roxas. My reasons for the foregoing determination and order are:

(1) That by the powers granted me under said act of Congress, and by the Executive order issued by me on October 12, 1917, to the War Trade Board; and by the license granted by the said War Trade Board, the La Sombreria, part of A. Richter & Company, should have been liquidated under said license and by the party designated in said license, and not sold by the Alien Property Custodian's representative.

(2) That on the date of the advertisement, even if the Alien Property Custodian had the power to take over the above-mentioned property, there was no authority in law to sell the same either at public or private sale.

(3) The selling of the property by sealed bids.

(4) The advertised conditions of the sale excluded American corporations who are legally entitled to bid, and contained several objectionable details.

(5) The sale was not made under the rules and regulations prescribed by me and as required by said act as amended, and not in accordance with the instructions and policies of the Alien Property Custodian.

WOODROW WILSON.

THE WHITE HOUSE,

13 September, 1918.

AN EXECUTIVE ORDER REJECTING THE BID OF THEODORE FRIEDEBURG OF $145,000 FOR THE PROPERTY OF THE PARTNERSHIP OF A. W. FABER, OFFERED FOR SALE AT PUBLIC AUCTION ON SEPTEMBER 17, 1918, PURSUANT TO THE "TRADING WITH THE ENEMY ACT" AND AMENDMENTS THEREOF.

[No. 2968.]

By virtue of the authority vested in me by "An act to define, regulate, and punish trading with the enemy, and for other purposes," approved October 6, 1917, known as the "Trading with the enemy act," and the amendments thereto embodied in "An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June 30, 1918, and prior fiscal years, on account of war expenses, and for other purposes," approved March 28, 1918, and all other powers and authorities me hereto enabling, make the following determination and order:

Whereas, A. Mitchell Palmer, Alien Property Custodian, has reported to me that certain property formerly the property of A. W. Faber, a partnership heretofore doing business in the United States, with its main plant at Newark, New Jersey, and heretofore composed of Count Alexander von Faber-Castell and Countess Ottilie von Faber-Castell as copartners, was offered for sale to the highest bidder at public auction on September 17, 1918, at eleven o'clock a. m., at which sale the highest bid received for the said property was the sum of $145,000, made by Theodore Friedeburg, and that the said bid is not considered by the Alien Property Custodian an adequate price for the said property, and that he has therefore disapproved the said sale.

Now, therefore, I hereby authorize and direct the Alien Property Custodian to reject all bids received at the said sale, including the bid of the said Theodore Friedeburg, and to resell such property at public sale, as if said sale had not occurred.

My reasons for the foregoing determination and order are:

That the price bid for the said property by the said Theodore Friedeburg, to wit, the sum of $145,000, is inadequate, and not the fair market value of the property.

THE WHITE HOUSE,

30 September, 1918.

WOODROW WILSON.

EXECUTIVE ORDER PRESCRIBING ADDITIONAL RULES AND REGULATIONS, AND MAKING CERTAIN DETERMINATIONS RESPECTING THE EXERCISE OF THE POWERS AND AUTHORITY AND THE PERFORMANCE OF THE DUTIES OF THE ALIEN PROPERTY CUSTODIAN.

[No. 2991.]

By virtue of the authority vested in me by "An Act to define, regulate and punish trading with the enemy, and for other purposes," approved October 6, 1917, known as the "Trading with the enemy Act," as amended, I hereby make the following orders, rules and regulations, and determinations.

DEFINITIONS.

1. The words "Isurance Company as used herein shall be deemed to mean a Partnership, Association, Mutual Company, Branch, General Agency whether incorporated or unincorporated, group of individual underwriters, corporation or body politic whose business in whole or in part consists of insurance or underwriting in any one or more of its branches.

2. The word

enemy as used herein, shall be deemed to mean either an ally of enemy as the case may be.

66

POWERS OF MANAGEMENT AND ADMINISTRATION, INCLUDING SALE OR OTHER

DISPOSITION.

The Alien Property Custodian shall have power, and he is authorized and direceted, to hold, manage, administer, protect, preserve, control, and to re-insure or retrocede, and to sell or otherwise dispose of, in accordance with the following rules and regulations, any and all property, other than money, of any insurance company heretofore doing business within the United States which has been or shall be conveyed, transferred, assigned, delivered, and/or paid over to him, pursuant to the provisions of the " Trading with the enemy Act" as amended, and the proclamations and Executive orders issued in pursuance thereof, or which has been or shall be required so to be conveyed, transferred, assigned, delivered, and/or paid over to him, or which shall be seized by him. 1. The Alien Property Custodian shall have the power and authority to do any and all things reasonable and proper in or about the taking over, custody, management, administration, protection, preservation and control of such business, property and assets, including (but without limiting the generality of the foregoing) the power and authority to collect all premiums, commissions, agency balances, bills, notes, accounts, dividends, interest, rents and other receivables, and income and profits and accumulations and distribution of principal or income; to pay all leases, claims, premiums, adjustment charges, rents, interest and other accounts and liens or charges; to vote in person or by proxy shares of stock or other beneficial interest in corporations, unincorporated associations, companies or trusts upon any questions at all times and upon all matters upon which any owner of such stock or other beneficial interest shall have the right to vote, including the power and authority to vote for or against and to take part in any sale, dissolution, consolidation, amalgamation, or reorganization of any sort, of any such corporation, unincorporated association, company or trust, or of its assets or any part thereof, and to exercise any rights or privileges that may be or become appurtenant to the ownership of such stock or other beneficial interest with like force and effect and under like circumstances in all respects as though the absolute owner thereof; to give any notices and file any papers or writings of any kind, proper or necessary for the creation, perfection, protection, liquidation or otherwise in respect of any claims, demands, choses in action or other rights of any kind, and to settle, compromise and adjust claims, demands and choses in action; to intervene in any suit or proceeding and to file and maintain claims, demands and suits of all kinds in or before, any court, board, commission or other body; to determine and pay all reasonable and proper expenses incurred in or about or with respect of the exercise of any of the powers and authority vested in the Alien Property Custodian or any depositary for him, including expenses that may be incurred in or about securing possession, custody or control of any such property, and including also taxes and other charges heretofore or hereafter lawfully assessed upon or against such property, by any body politic, provided that this shall not be construed to require the payment of any stamp or other taxes upon or on account of conveyance, transfer, assignment or delivery of property to the Alien Property Custodian or to any agent, attorney, bailee, nominee or depositary for him; and provided further that this shall not in any way affect the power of the Commissioner of Internal Revenue or any regulations made by him or under his authority.

2. Whenever any such property or any part or parcel thereof is or shall be subjected to any claim of lien, charge or incumbrance, or is or shall be held or retained adversely to the Alien Property Custodian or to any requirement with respect to such property made by him, the Alien Property Custodian may compromise or settle such controversy and pay any such claim in any way that he shall decide to be proper and as though he were the absolute owner of the property involved; and he shall have the power and authority to make any payment or payments necessary and to execute and deliver any instruments or writings necessary and proper to effect or evidence the same.

3. Whenever any such property or any part or parcel thereof shall constitute part of, or have been used in the conduct of, the business of any such insurance company, the Alien Property Custodian, in addition to the rights, powers and authority elsewhere herein conferred upon him in respect of such property, may continue the conduct or other operation of the business of such insurance company conducted anywhere within the United States prior thereto by, or for, such company; and for such purpose, the Alien Property Custodian shall have the right, power and authority to employ and discharge managers, agents, attorneys, servants and other employees, to effect insurance and reinsurance, to issue policies, certificates, or other contracts of insurance or reinsurance; to adjust, compromise, settle and pay claims of every kind arising in connection with such business; to require money owing by insurance companies, banks, trustees, trust companies, state or municipal officers, or other depositaries on special or general deposit to be paid by him or upon his order; to collect debts, premiums, commissions, dues, assessments and other receivables owing to the said business or to the former enemy owner or owners thereof and created out of or by the operation of such business, and also debts, accounts and other receivables accruing or arising out of the conduct or other operation or such business or undertaking, by the Alien Property Custodian or under his direction or authority; to pay the wages and salaries of managers, agents, attorneys, servants and other employees, and rents, and current accounts and other liabilities; to intervene in any suit or action pending in any court or before any board, commission or other body, in which such business or any of the property or assets thereof shall be involved or concerned and to prosecute or defend, as the case may be; to file, prosecute and maintain in the name of the Alien Property Custodian or otherwise as may be proper, any claim or suit arising out of or based upon transactions had prior or subsequent to the time when such business or property was demanded or taken over by the Alien Property Custodian, but growing out of the conduct or operation of such business or any other use, custody, or management of any property or assets thereof; and generally, to manage, administer, preserve, conduct, operate and control such business and any or all parts or parcels and assets thereof as though the absolute owner, either in the name of the Alien Property Custodian or otherwise as he shall determine.

4. The Alien Property Custodian may appoint agents, attorneys, bailees, depositaries, liquidators and/or managers who under his direction and control, within the limits of the authority conferred by him, shall be authorized and directed to hold, manage, administer, protect, preserve and otherwise control the business, property and assets demanded and taken over by him, or any part or parcel thereof; and they may be authorized and directed to continue the conduct of such business which the Alien Property Custodian himself as provided elsewhere herein, could continue. Such agents, attorneys, bailees, depositaries, liquidators and managers shall have and exercise the rights, powers and authority which shall be from time to time conferred upon him