ALIEN PROPERTY CUSTODIAN ACT. COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, HOUSE OF REPRESENTATIVES, Tuesday, March 23, 1920. The committee met at 10.30 o'clock a. m., Hon. John J. Esch (chairman) presiding. The CHAIRMAN. The committee has before it this morning two bills-one, H. R. 12651 introduced by Mr. Butler, and one, H. R. 12884, introduced by Col. Winslow-both relating to the Alien Property Custodian act, and particularly relating to married women who have intermarried with aliens. Mr. Butler, do you wish to be heard? Mr. BUTLER. Mr. Chairman, I introduced the bill H. R. 12651, which was prepared by the attorney general of the State of Pennsylvania. He is here, and I would be very greatly pleased to have the committee hear Mr. Schaffer at this time on that bill. STATEMENT OF MR. WILLIAM I. SCHAFFER, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, HARRISBURG, PA. Mr. SHAFFER. Mr. Chairman and gentlemen of the committee, I represent at this hearing Mrs. Sallie Crozier Hilprecht, an Americanborn woman, born of American parents, and of an ancestry that has been American for many generations. In 1903 she married Prof. Herman V. Hilprecht, who was a German citizen and is still a German subject. Prof. Hilprecht came to Philadelphia in 1888, or prior to that time, but in 1888 he became a professor at the University of Pennsylvania as a curator of the Babylonian section of the University Museum. I have a letter here that I would like to leave with the committee and insert in the record to establish that fact. It says: Mr. B. H. LUDLOW, 1200 Lincoln Building. THE UNIVERSITY MUSEUM, DEAR SIR: In response to a request which came yesterday from your office, I now send you the following information: Prof. Herman V. Hilprecht served as curator of the Babylonian section of the University Museum from 1888 until December 31, 1910. Very truly, yours, G. B. GORDON, Director. Prof. Hilprecht remained curator of the Babylonian section of the University Museum and professor of Assyriology and kindred subjects at the university until 1910. In 1903 he married Mrs. Hilprecht. She was at that time a widow and had been a widow for a number of years. She was residing in 5 Philadelphia, and Prof. Hilprecht also resided in Philadelphia, and had resided there at least since 1888. At the time of the marriage Mrs. Hilprecht had two sons, one of whom is now deceased and the other is living in the United States. The deceased son subsequently married and has children living in the United States who, of course, are the grandchildren of Mrs. Hilprecht. As I have stated, Prof. Hilprecht, after his marriage in 1903 continued to reside in Philadelphia and continued to be a professor at the University of Pennsylvania until 1910. He did not take out and never has taken out naturalization papers. He remained a German subject. Whether that was by inadvertence, or for what reason, I do not know; but it is a fact. In 1914, shortly before the outbreak of the European war, Prof. Hilprecht and his wife went on a pleasure trip to Europe. They frequently went there. Their intention was to return to America. They had gone over to spend the summer. They were in Munich when the war broke out on the 1st of August, 1914. Prof. Hilprecht was a German subject, of course, in the eye of the German law, and in the eye of our law, by reason of her marriage to Prof. Hilprecht, Mrs. Hilprecht's citizenship was that of her husband. She could not leave Germany, being a German subject, and they remained in Germany during the progress of the war until we declared war upon Germany. When that event happened Mrs. Hilprecht went to Switzerland, where she has since been residing, at Lausanne, in Switzerland. I may say here that she is a cripple and she could not get home because she could not get passports to come home because, according to law, she was a German subject. We have recently arranged a passport for her to come home, and she will come home at such time as she is able to travel. I will leave with the committee, and if you desire insert in the record as evidencing the fact of the marriage, a certified copy of the application for marriage of Prof. and Mrs. Hilprecht, from records of the State of Pennsylvania. (The paper referred to is as follows:) STATE OF PENNSYLVANIA, Philadelphia County, ss: Personally appeared Herman V. Hilprecht, who hereby requests the clerk of the orphans' court for the said county to issue a license for the marriage of himself to Sallie C. Robinson, and who, being duly sworn according to law, doth depose and say that he was born in Anhalt, Germany, on the 28th day of July, A. D. 1859; that he resides at 1932 Locust Street, Philadelphia; that his occupation is professor, University of Pennsylvania; that he is not related by blood or marriage to the person whom he desires to marry; that he has once been married before, and the marriage was dissolved by death at Germany about 1st March, 1902; that Sallie C. Robinson (widow), whom he is about to marry, was born in Chester, Pa., on the 26th day of March, A. D. 1856; that she resides at same address; no occupation; that she has once been married before, and marriage was dissolved by death at Switzerland about 11 years ago; that he knows of no reason why the marriage may not be lawfully made. HERMAN V. HILPRECHT, Sworn and subscribed before me this 22d day of April, A. D. 1903. J. AUG. C. GOEBEL, Third Assistant Clerk of Orphans' Court. [No. 159661; Duplicate, filed May 22, 1903.] I, Henry G. Weston, hereby certify that on the 23d day of April, 1903, at Philadelphia, Herman V. Hilprecht and Sallie C. Robinson were by me united in marriage, in accordance with license issued by the clerk of the Orphans' Court of Philadelphia County, Pa., No. 159661. HENRY G. WESTON, STATE OF PENNSYLVANIA, Philadelphia County, ss: I hereby certify the foregoing to be a true and accurate copy of the application for marriage of Herman V. Hilprecht and Sallie C. Robinson, dated the 22d day of April, A. D. 1903; also the return of the officiating clergyman bearing date, April 23, 1903, as the same appears of record in the office of the clerk of the orphans' court of said county. Witness my hand and seal of said court this 20th day of March, A. D. 1920. [SEAL.] STATE OF PENNSYLVANIA, Philadelphia County, ss: JAS. B. SHEEHAN, Clerk of Orphans' Court. I, Joseph F. Lamorelle, president judge of the Orphans' Court of Philadelphia County, do certify, that the foregoing certificate and attestation, made by James B. Sheehan, Esq., register of wills and ex-officio clerk of said orphans' court, whose name is thereto subscribed and seal of said court affixed, are in due form and made by the proper officer. In testimony whereof, I have hereunto set my hand, this 20th day of March in the year of our Lord 1920.. STATE OF PENNSYLVANIA, Philadelphia County, ss: I, James B. Sheehan, Esq., register of wills and ex-officio clerk of the orphans' court of Philadelphia County, do certify, that Hon. Joseph L. Lamorelle, by whom the foregoing attestation was made, and who has thereunto subscribed his name, was at the time of making thereof, and still is president judge of the Orphans' Court of Philadelphia County, duly commissioned and sworn; to all whose acts, as such, full faith and credit, are and ought to be given, as well in courts of judicature as elsewhere. In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, this 20th day of March in the year of our Lord 1920. [SEAL.] JAS. B. SHEEHAN, Register of Wills, and ex-officio Clerk of Orphans' Court. The Alien Property Custodian, believing it was his duty under the alien property act, with which I have no quarrel whatever, took over all of the property belonging to Mrs. Hilprecht. She has a large income which she derives from her father's estate and from investments of her own. I have here a schedule of the property which was in the hands of the Alien Property Custodian on the 30th day of November. We have no report from the Alien Property Custodian since that time. But since that time there has gone into the hands of the Alien Property Custodian further moneys and securities belonging to her. Mr. DEWALT. You say the 30th of November; of what year? Mr. SCHAFFER. Of 1919, Mr. Dewalt. I will leave that with the committee. The Alien Property Custodian has taken over property belonging to Mrs. Hilprecht amounting, in round figures, to half a million dollars. Although she is the recipient of a large income under a trust declared for her by her father, and another trust which she |