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HISTORICAL NOTES
Amendments
1918 Amendment. Subsec. (c). Act Nov. 4, 1918 added
provisions on the recording of property transfers, the cancellation of
enemy owned stock by corporations, and the restriction of claims to
relief provided by the terms of section 1 to 6, 7 to 39 and 41 to 44 of
this Appendix.
Transfer of Functions
Functions of the Alien Property Custodian and the Office of
Alien Property Custodian, except those relating to property or interest
in the Philippines, are now vested in the Attorney General. See notes
set out under section 6 of this Appendix.
REFERENCES
CROSS REFERENCES
LIBRARY REFERENCES
Encyclopedias
Enemy aliens, capacity to sue or be sued, see Wright, Miller & Kane,
Federal Practice and Procedure: Civil 2d § 1568.
*161555 ANNOTATIONS
NOTES OF DECISIONS
I. GENERALLY 1-30
II. EFFECT OF WAR ON CONTRACTUAL AND OTHER
RELATIONSHIPS 31-60
III. SEIZURE OF PROPERTY--GENERALLY 61-100
IV. PARTICULAR PROPERTY 101-140
V. PROCEEDINGS RELATING TO SEIZURE 141-190
VI. PROHIBITION ON PROSECUTION OF ACTIONS--
GENERALLY 191 to
220
VII. ALIEN ENEMY AS PLAINTIFF 221-250
VIII. PRACTICE AND PROCEDURE 251-270
< For Detailed Alphabetical Note Index, see the Various Subdivisions.
>
I. GENERALLY
Constitutionality 1
Construction
Construction - Generally 2
Construction - With other laws 3
Construction - With treaties 4
Law governing 6
Purpose 5
1. Constitutionality
2. Construction
Subsec. (c) of this section providing that the sole relief and
remedy of any person having any claim to any property transferred to
the Alien Property Custodian shall be that provided by the terms of §
1 et seq. of this Appendix cannot be deemed to limit only remedies
available to nonenemies, nor could it be deemed not applicable to § 32
of this Appendix pertaining to return claims, even though subsec. (c)
of this section was passed in 1918, and § 32 of this Appendix was
passed in 1946, as subsec. (c) of this section speaks to the future as
well as the past. Schilling v. Rogers, U.S.Dist.Col.1960, 80 S.Ct.
1288, 363 U.S. 666, 4 L.Ed.2d 1478.
5. Purpose
The object of subsec. (b) of this section is, not to defeat the
alien enemy of his right to recover whatever may be owing him, nor to
shield the citizen from the enforcement of his just obligations, but is to
obviate any advantage being derived by the enemy, directly or
indirectly, pending hostilities. In re Hohm's Estate, N.Y.Sur.1945, 59
N.Y.S.2d 799, 186 Misc. 536.
The purpose of subsec. (b) of this section is not confiscation of
property or to deprive courts of jurisdiction of action by enemy alien
but is to prohibit and prevent lending of aid and comfort to enemy by
frustrating enemy's attempt to garner sinews of war. Meier v.
Schmidt, Neb.1948, 34 N.W.2d 400, 150 Neb. 383, rehearing denied
35 N.W.2d 500, 150 Neb. 647.
6. Law governing
Generally 31
Administration of estates and trusts 39
Bank deposits 32
Bonds 33
Contracts
Contracts - Generally 34
Contracts - Miscellaneous contracts 36
Contracts - Purchase and sale contracts 35
Debtor and creditor 37
Estates and trusts
Estates and trusts - Generally 38
Estates and trusts - Administration of estate 39
Partnerships 40
Purchase and sale contracts 35
Stocks 41
31. Generally
During World War and thereafter to July 14, 1919, when trade
relations between United States and Austria were resumed, American
depositor could not lawfully make demand for payment of deposit in
Austrian bank, even if bank had agent in United States, and though
bank during war continued to make payments on depositor's
outstanding orders. Zimmermann v. Miller, S.D.N.Y.1924, 2 F.2d
629, reversed on other grounds 7 F.2d 443, appeal dismissed 47 S.Ct.
449, 273 U.S. 780, 71 L.Ed. 889, affirmed 47 S.Ct. 625, 274 U.S. 253,
71 L.Ed. 1034.
33. Bonds
34. Contracts--Generally
Contracts with the enemy should not be carried out during time
of war. U.S. v. Grossmayer, U.S.Ct.Cl.1869, 76 U.S. 72, 19 L.Ed.
627, 9 Wall. 72. See, also, New York Life Ins. Co. v. Statham, Miss.
1876, 93 U.S. 24, 3 Otto. 24, 23 L.Ed. 789; Semmes v. City Fire Ins.
Co., C.C.Conn.1869, Fed.Cas. No. 12,651, affirmed 80 U.S. 158, 13
Wall. 158, 20 L.Ed. 490; Grinnan v. Edwards, 1883, 21 W.Va. 347.
40. Partnerships
41. Stocks
Generally 61
Dower, effect of seizure 70
Effect of seizure
Effect of seizure - Generally 68
Effect of seizure - Dower 70
Effect of seizure - Legacies 71
Effect of seizure - Mortgages 72
Effect of seizure - Partnership interests 75
Effect of seizure - Patent licenses 74
Effect of seizure - Rights of nonenemies 76
Effect of seizure - Stockholders 73
Effect of seizure - Trademarks 77
Effect of seizure - Transfer of title 69
Effect of seizure - Trusts 78
Lawfulness of seizure 67
Legacies, effect of seizure 71
Mortgages, effect of seizure 72
Notification to custodian of rights of alien enemy 64
Partnership interests, effect of seizure 75
Patent licenses, effect of seizure 74
Presidential determination of seizure 62
Property held for benefit of enemy 65
Right of seizure 63
Rights of nonenemies, effect of seizure 76
Situs of property 66
*161567 Stockholders, effect of seizure 73
Termination of hostilities
Termination of hostilities - Generally 80
Termination of hostilities - Time of demand 81
Time of demand, termination of hostilities 81
Trade-marks, effect of seizure 77
Transfer as discharge from liability 79
Transfer of title, effect of seizure 69
Trusts, effect of seizure 78
61. Generally
The seizure of the claim did not make it the property of the
United States. Lipmanowich v. Crookston Lumber Co., Minn.1926,
210 N.W. 47, 168 Minn. 332.
Generally 101
Bequests
Bequests - Generally 102
Bequests - Renunciation 103
Bequests - Testamentary provisions 104
Compensation awards 105
Constructive trust 121
Contingent interests 106
Copyrights 107
Corporate property
Corporate property - Generally 108
Corporate property - Issuance of new certificates 109
Corporate property - Piercing the corporate veil 110
Corporate property - Stock 111
Credits 112
Debts 113
Issuance of new certificates, corporate property 109
Judgments 114
Licenses 115
Maintenance and support 116
Patents 117
Piercing the corporate veil, corporate property 110
Real property 118
Renunciation
Renunciation - Bequests 103
Renunciation - Trusts 122
Stock, corporate property 111
Support 116
Testamentary provisions, bequests 104
Trademarks 119
Trust provisions 123
Trusts
Trusts - Generally 120
Trusts - Constructive trust 121
Trusts - Renunciation 122
Trusts - Trust provisions 123
101. Generally
All alien enemy property in the United States during the war,
including choses in action as well as tangible property, is subject to
seizure and confiscation when so directed by Congress, as in § 1 et
seq. of this Appendix. Streb v. Chatham & Phenix Nat. Bank of the
City of New York, N.Y.Sup.1919, 178 N.Y.S. 309, 108 Misc. 368.
102. Bequests--Generally
Where the estate of an alien enemy who had died before war
was declared had not yet been settled and the property had not come
into the possession of the heirs, the Alien Property Custodian had
authority to seize it. Miller v. Schutte, App.D.C.1923, 287 F. 604, 52
App.D.C. 359, dismissed 44 S.Ct. 7, 263 U.S. 730, 68 L.Ed. 529.
Though testatrix died after war had been declared between the
United States and the German Empire and when § 1 et seq. of this
Appendix was in force, a devise and bequest of one-third of testatrix's
estate to a daughter who was an alien enemy was not void so that the
property would pass to the residuary legatees and devisees, and the
Alien Property Custodian, and not the residuary legatees and devisees,
was entitled to said daughter's share. In re Gregg's Estate., Pa.1920,
109 A. 777, 266 Pa. 189, certiorari denied 40 S.Ct. 396, 252 U.S. 588,
64 L.Ed. 730.
107. Copyrights
Under subsecs. (a) and (c) of this section, the Alien Property
Custodian was entitled to seize corporate stock standing on the books
of an American corporation in the name of an enemy. Miller v.
Kaliwerke Aschersleben Aktien-Gesellschaft, C.C.A.2 (N.Y.) 1922,
283 F. 746.
113. Debts
The word "due" does not mean "matured" but signifies a simple
indebtedness, without reference to the time of payment and this is the
primary meaning of the word, and it was used in this sense in this
section, Congress intending that the Alien Property Custodian should
be given information as to all debts to alien enemies whether they had
or had not matured. Rumely v. U.S., C.C.A.2 (N.Y.) 1923, 293 F.
532, certiorari denied 44 S.Ct. 38, 263 U.S. 713, 68 L.Ed. 520.
114. Judgments
117. Patents
120. Trusts--Generally
Under subsecs. (a), (c), and (d) of this section, the equitable
interests of enemies in a trust fund in personal property may be
captured. Kahn v. Garvan, S.D.N.Y.1920, 263 F. 909.
142. Hearing
A vesting order under this section was not open for judicial
inquiry. Kotohira Jinsha v. McGrath, D.C.Hawai'i 1950, 90 F.Supp.
892.
168. Interest
170. Laches
Under subsec. (c) of this section providing that sole relief and
remedy of any person claiming money or property transferred to Alien
Property Custodian shall be that provided by such subsection, no relief
can be had in Court of Claims in suit for compensation or otherwise
than in conformity with such subsection, since only to that extent has
the United States consented to be sued. Uebersee Finanz-Korporation,
A.G. v. Markham, App.D.C.1946, 158 F.2d 313, 81 U.S.App.D.C.
284, certiorari granted 67 S.Ct. 772, 330 U.S. 813, 91 L.Ed. 1268,
affirmed 68 S.Ct. 174, 332 U.S. 480, 92 L.Ed. 88.
Generally 191
Admiralty proceedings 192
Appeals 202
Enemy alien as defendant
Enemy alien as defendant - Generally 198
Enemy alien as defendant - Miscellaneous actions allowed 201
Enemy alien as defendant - Representation by proctors 199
Enemy alien as defendant - Suspension during war 200
License to do business 196
Payment of recovery to custodian 197
Probate proceedings 193
Representation by proctors, enemy alien as defendant 199
Stockholder derivative actions 194
Suspension during war, enemy alien as defendant 200
Workmen's compensation 195
191. Generally
Action other than to preserve the status quo should not be taken
in a suit against an alien enemy till, by reason of restoration of peace
or otherwise, defense may be adequately presented; intercourse
between residents of the enemy country and the United States being
prohibited by this section as well as physically impossible. Watts,
Watts & Co. v. Unione Austriaca Di Navigazione, U.S.N.Y.1918, 39
S.Ct. 1, 248 U.S. 9, 63 L.Ed. 100.
The fact that United States was at war with Italy, in which alien
enemy resided at time of filing his petition to reopen adverse decrees
and distribution order in partition suit against him, did not preclude
him from seeking such relief, as petition was not commencement of
action, but defensive step in action wherein he was named defendant.
Matarrese v. Matarrese, N.J.Err. & App.1948, 59 A.2d 262, 142 N.J.
Eq. 226.
202. Appeals
Generally 221
Change in status during suit 223
Corporations 225
Date of disability 224
Diplomats 226
Matters considered 222
Miscellaneous actions allowed 229
Miscellaneous actions disallowed 230
Nonresidents 228
Residents 227
221. Generally
225. Corporations
227. Residents
228. Nonresidents
While the United States was at war with Italy, residents and
citizens of Italy, being enemy aliens, could not appear and establish
their rights as heirs of an intestate whose estate was being
administered in California Probate Court, and no distribution could be
made to such heirs. In re Spinosa's Estate, Cal.App. 3 Dist.1953, 255
P.2d 843, 117 Cal.App.2d 364.
251. Process
252. Parties--Generally
256. Continuance
260. Estoppel
261. Limitations--Generally
268. Mandamus
Where President declined to exercise his authority under § 1 et
seq. of this Appendix to exclude resident aliens from the courts,
resident Japanese alien was entitled to writ of mandamus to compel
district court to vacate judgment abating his libel in admiralty and to
proceed to trial. Ex parte Kumezo Kawato, U.S.Cal.1942, 63 S.Ct.
115, 317 U.S. 69, 87 L.Ed. 58.
270. Certiorari