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or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another. Sec. 1, title VII, act of June 15, 1917 (10 Stat. 225).
For joint resolution providing that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War had ended on Mar. 3, 1921, see 2835, ante.
2869. Export of silver restricted during the World War.—That the provisions of Title VII of an Act approved June fifteenth, nineteen hundred and seventeen, entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes,” and the powers conferred upon the President by subsection (b) of section five of an Act approved October sixth, nineteen hundred and seventeen, known as the “ Trading with the Enemy Act,” shall, in so far as applicable to the exportation from or shipment from or taking out of the United States of silver coin or silver bullion, continue until the net amount of silver required by section two of this Act shall have been purchased as therein provided. Sec. I, act of April 23, 1918 (40 Stat. 537).
For Title VII, act of June 15, 1917, see 2868, ante, and 2870, 2871, post.
Sec. 2, act of Apr, 23, 1918 (40 Stat. 536), provides for purchase of silver to maintain a balance in the Treasury against sales and payments of silver bullion.
See note to 2869, ante.
2870. Unlawful exportation in time of war.–Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking out, any article in violation of this title, or of any regulation or order made hereunder, shall be fined not more than $10,000, or, if a natural person, imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken out, or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any officer, director, or agent of a corporation who participates in any such violation shall be liable to like fine or imprisonment, or both. Sec. 2, title VII, act of June 15, 1917 ( 40 Stat. 225). See note to 2868, ante.
Notes of Decisions.
Return of goods.-- Where the United States libeled gold coin, on the ground that it had been delivered for export and shipment, from the United States, contra to this section, and to the presidential proclamation of Sept. 7, 1917, issued in pursuance thereof, beld, as title 7 of this act,
the only law under which a forfeiture could be had in the case, does not provide for the giving of a bond and the release of the property, the return of the coin could not be allowed. U. S. v. Fernandez (C. C. A. 1918), 254 Fed. 302.
2871. Vessels detained in port in time of war.-Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart Whoever, in violation of any of the provisions of this section, shall take, or attempt to take, or authorize the taking of any such vessel, out of port or from the jurisdiction of the United States, shall be fined not more than $10.000 or imprisoned not more than two years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States. Sec. 3, title VII, act of June 15, 1917 (40 Stat. 225).
2872. Allen property custodian.--- That the President is authorized to appoint, prescribe the duties of, and fix the salary (not to exceed $5,000 per annum) of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or be. longing to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this Act; and to hold, administer, and account for the same under the general direction of the President and as provided in this Act.
Sec. 6, act of Oct. 6, 1917 (410 Stat. 415).
Notes of Decisions.
Suit against custodian. A bill by an eneniy alien, brought against the Alien Property Custodian, both individually and officially, must. where it solely complains of acts committed by him in his official capacity, be treated as one agajòst him in
his official capacity, of which the district court has jurisdiction; the bill not being regarded as a suit against the United States. Fischer v. Palmer (D. C. 1919), 259 Fed. 355.
2873. Powers of the alien property custodian.- * The alien property custodian shall be vested with all of the powers of a common-law trustee in respect of all property, other than money, which has been or shall be, or which has been or shall be required to be, conveyed, transferred, assigned, delivered, or paid over to bim in pursuance of the provisions of this Act, and, in addition thereto, acting under the supervision and direction of the President, and under such rules and regulations as the President shall prescribe, shall have power to manage such property and do any act or things in respeet thereof or make any disposition thereof or of any part thereof, by sale or otherwise, and exercise any rights or powers which may be or become appurtenant thereto or to the ownership thereof in like manner as though he were the absolute owner thereof: Provided, That any property sold under this Act, except when sold to the United States, shall be sold only to American citizens, at public sale to the highest bidder, after public adrertisement of time and place of sale which shall be where the property or a major portion thereof is situated, unless the President stating the reasons therefor, in the public interest shall otherwise determine: Provided further, That when sold at public sale, the alien property custodian upon the order of the President stating the reasons therefor, shall have the right to reject all bids and resell such property at public sale or otherwise as the President nay direct. Any person purchasing property from the alien property custodian for an undisclosed principal, or for re-sale to a person not a citizen of the United States, or for the benefit of a person not a citizen of the United States, shall be guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not more than $10,000, or imprisonment for not more than ten years, or both, and the property shall be forfeited to the United States.
Sec. 12, act of Oct. 6, 1917 (40 Stat. 423), as amended by the act of March 28, 1918 (40 Stat. 460).
Notes of Decisions.
Sale of enemy-owned patent to United States.--Under the above provision, the Alien Property Custodian can, for a fair and substantial consideration, sell
any property, of which he becomes possessed, to the United States, but he can not sell such property for a merely nominal consideration. (1919) 31 Op. Atty. Gen, 463.
The sale of an enemy-owned patent by the Alien Property Custodian to the War Department acting for the United States could hardly affect an existing claim on account of the owner of the patent against
the United States for past infringements, and the matter would not seem to be one considered in computing the fair value of the patent which it is proposed shall be sold. Id.
If the United States becomes the owner of a patent it can exercise the usual proprietary rights of such an owner and can, therefore, enforce its rights against unlicensed users; can grant licenses; and can make assignments which carry with them full domination of the patent so far as rights thereunder are conveyed. Id.
2874. Trading with the enemy act. That this Act shall be known as the “ Trading with the enemy Act.” Sec. 1, act of Oct. 6, 1917 (40 Stat. 411).
Notes of Decisions. Validity.-Congress, by virtue of its war Salamandra Ins, Co. v. N. Y. Life Ins. & powers, can declare unlawful trading with Trust Co. (D. C. 1918), 254 Fed. 852. the enemy, as it has done by this act. Sal- The act is not unconstitutional because amandra Ins. Co. v. N. Y, Life Ins. & Trust it provides no remedy for a review of the Co. (D. C. 1918), 254 Fed. 852; Fischer v. acts of the Alien Property Custodian in Palmer (D. C. 1919), 259 Fed. 335.
taking over property, except by suit under Such act is not invalid as violating sec, 9 of the act, post 2899, authorizing the Fifth Amendinent, for there is no depri- suits by claimants within six months after vation of the property of citizens, or the conclusion of peace. Kahn v. Garvan friendly aliens, without due process of law. (D. C. 1920), 263 Fed. 909.
2875. Enemy defined.—That the word ' enemy,” as used herein, shall be deemed to mean, for the purposes of such trading and of this Act
(a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.
(1) The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.
(c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “enemy."
Scc. 2, act of Oct. 6, 1917 (40 Stat. 411).
Notes of Decisions.
Validity.-The provision of paragraph (a) of this section, declaring residents of Germany enemies, regardless of their citi
zenship, was within the powers of Congress. Kahn v. Garvan (D. C. 1920), 263 Fed. 909
The words "ally of enemy," as
2876. Ally of the enemy defined. used herein, shall be deemed to mean
(a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory.
(6) The government of any nation which is an ally of a nation with which the United States is at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof.
(c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “ally of enemy."
Sec. 2, act of Oct. 6, 1917 (40 Stat. 411). 2877. Person defined.-- * The word “person," as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic. * 2, act of Oct. 6, 1917 (40 Stat. 412). 2878. The United States defined.
The words “ United States," as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof.
sec. 2, act of Oct. 6, 1917 (40 Stat. 412).
2879. Beginning of the war defined.- * The words “the beginning of the war," as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war.
Sec. 2, act of Oct. 6, 1917 (40 stat. 412). 2880. End of the war defined. * * * The words “ end of the war," as used herein, shall be deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the “ end of the war” within the meaning of this Act.
Sec. 2, act of Oct. 6, 1917 (10 Stat. 412). See also 2835, ante.
Notes of Decisions.
Effect of armistice.-- Where the alien Property Custodian determined funds were alien property the signing of an armistice does not entitle adverse claimants to the fund on the theory that the war had ceased, no prior date appearing to have been declared by the President. Salamandra Ins. Co. ' New York Life Ins. & Trust Co., 254 Fed. 852.
Termination of hostilities.-Hield, that a state of war did not in law cease until the
ratification in April, 1899, of the treaty of peace, "A truce or suspension of armies," says Kent, “ does not terminate the war, but it is one of the commercia belli which suspends its operations.
At the expiration of the truce, hostilities may recommence without any fresh declaration of war." 1 Kent, 159, 161. Hijo v. United States, 194 U, S. 323.
2881. Ranks defined.
The words “ bank or banks," as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States.
Sec. 2, act of Oct. 6, 1917 (40 Stat. 412). 2882. To trade defined.
The words “ to trade," as used herein, shall be deerned to mean
(a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation.
(6) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action.
(c) Enter into, carry on, complete, or perform any contract, agreement, or obligation.
(d) Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property.
(e) To have any form of business or commercial communication or intercourse with. Sec. 2 act of Oct. 6, 1917 (40 Stat. 412).
2883. Jurisdiction of the district courts over trading with the enemy.-That the district courts of the United States are hereby given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this Act, with a right of appeal from the final order or decree of such court as provided in sections one hundred and twentyeight and two hundred and thirty-eight of the Act of March third, nineteen hundred and eleven, entitled “ An Act to codify, revise, and amend the laws relating to the judiciary." Sec. 17, act of Oct. 6, 1917 (40 Stat. 425).
Secs. 128 and 238, act of Mar. 3, 1911 (36 Stat. 1133, 1157), were amended to read as set forth in sec. 2, act of Jan. 28, 1915 (38 Stat. 803, 804).
Notes of Decisions.
aid custodian.--The Alien l'roperty Custodian may apply, under this section, to a district court for aid in obtaining possession of property to which he is
entitled. Garvan 1. $20,000 Bonds (C. C. A. 1920), 265 Fed. 477 ; In re Garvan (D. C. 1921), 270 Fed. 1002.
2884. Jurisdiction over trading with the enemy in the Philippine Islands and the Canal Zone.—That the several courts of first instance in the Philippine Islands and the district court of the Canal Zone shall have jurisdiction of offenses under this Act committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by section thirty-seven of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philippine Islands and to the (anal Zone. Sec. 18, act of Oct. 6, 1917 (40 Stat. 425).
2885. Suspension of statutes of limitations in regard to trading with the enemy.--The running of any statute of limitations shall be suspended with reference to the the rights or remedies on any contract or obligation entered into prior to the beginning of the war between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or liability for payment which is evidenced by drafts or other commercial paper drawn against or secured by funds or other property situated in an enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the