property and, if the application be not allowed, or without waiting on the President's decision to allow or disallow their claim, to sue in the U. S. District Court of claimant's residence or in the Supreme Court for the District of Columbia, to which suit the Alien Property Custodian would be, but the enemy owner would not be, a necessary party defendant; that the surrender of possession to the Custodian of the subject matter of the suit and the filing of a claim under Section 9 of the Act are prerequisites to the court's jurisdiction; that the act gives the Custodian power to manage and sell captured property and to exercise any rights appertaining thereto in like manner as though he were the absolute owner thereof; that the Custodian may sell property seized and held by him, as provided in the act, and his deed or assignment will be as effective in law to pass title as would have been the voluntary deed or assignment of the enemy owner; that the Custodian cannot be impleaded or interpleaded in any proceeding at law or in equity, except in suit or action under Section 9 and except as to suits brought under Section 10 to recover royalties on patents licensed; that the right of recovery is restricted to the property seized or the proceeds derived from the sale by the Custodian of such property; that the Armistice, Peace Resolution, German, Austrian or Hungarian Peace Treaties, did not terminate the power and duty of the Alien Property Custodian to capture enemy owned property, but after the passage of the Peace Resolution, approved July 2, 1921, his duty and power to seize property ceased; that by the express provisions of the Peace Resolutions, recognized and embodied in the several peace treaties, the President was required to retain possession and enforce his possession as to enemy owned property theretofore demanded or seized, and all other powers of the Alien Property Custodian remained in force and effect.

Enemy owned property is held to include all kinds, real or personal, tangible or intangible, choses in action, contract rights, debts due, money, legacies, bequests, devises, inheritances, remainders, vested or contingent, shares in incorporated or unincorporated companies, patents, trade marks, copyrights, and applications therefor, and claims, rights, titles, interests and estates of every character and description, vested or contingent, "owing or belonging to or held for, by, or account of, or on behalf of, or for the benefit of, an enemy or ally of an enemy and not holding a license granted by the President, which the President after investigation shall determine is so owing or so belongs or is so held," and the determination of the Alien Property Custodian as to enemy owned property and other acts are the determination and acts of the President whom he represents.

ANNOTATOR.

THE TRADING WITH THE ENEMY ACT

AS ENACTED AND AMENDED

BY

THE CONGRESS OF THE UNITED STATES

NOTE

Originally enacted October 6, 1917 (40 St. L.c 106 p. 411); amended as to Section 12, March 28, 1918, (40 St. L. c. 28 p. 459; April 23, 1918, making power conferred by Section. 5 applicable to exportation silver coin or bullion, (40 St. L. c. p. 535); July 1, 1918, authorizing payment of taxes, (40 St. L. c. 113 p. 645); September 24, 1918, as to Section 5, (40 St. L. c. p. 966); November 4, 1918, as to Section 7 (c) (40 St. L. c. 201 p. 1020); July 11, 1919 (41 St. L. c. 6 p. 35); June 5, 1920 (41 St. L. c 241 p. 977); February 27, 1921 (41 St. L. c. 76 p. 1147); December 21, 1921 (42 St. L. c. 13 p. 351); December 27, 1922 (42 St. L. c. 13 p. 1065); and March 4, 1923 (42 St. L. c. 285 p. 1511); each of the last six amendments relating to Section 9 of the Act. See, Addenda, B to G, inclusive, for original amendments to Section 9.

THE TRADING WITH THE ENEMY ACT.
AS AMENDED

AN ACT To define, regulate, and punish trading with the enemy, and for other purposes.

SECTION ONE.

ENACTING CLAUSE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the "Trading with the enemy Act."

SECTION TWO.

TERMS ENEMY AND ALLY OF ENEMY DEFINED. WORDS AND PHRASES EMPLOYED IN THE ACT CONSTRUED.

Sec. 2. That the word "enemy," as used herein, shall be deemed to mean, for the purpose 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.

(Vide; annotations executive orders and notes of decisions, post.)

(b) The government of any nation with which the United States is at war, or any political or municipal sub-division 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."

(Vide; annotations executive orders and notes of decisions, post.)

The words "ally of enemy," as 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.

(b) 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.

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.

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.

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.

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.

(War terminated, July 2, 1921; Pres. Proc. Addendum O and P.)

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.

The words "to trade," as used herein, shall be deemed to mean