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(a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation.

(b) 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.

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

(e) To have any form of business or commercial communication or intercourse with.

Act. Oct. 6, 1917.

ANNOTATIONS-EXECUTIVE ORDERS

SIMILAR DEFINITIONS. See Executive Orders, dated February 26, 1918, and July 16, 1918, Appendices E and I.

INTERNED ENEMIES: The President, exercising the authority vested in him by Section 2, defining the words "ally of enemy," paragraph C, supra, and pursuant to the United States Revised Statutes sections 4068, 4069 and 4070, and in accordance with regulations, theretofore and thereafter made, finding "certain alien enemies have been, or may from time to time be, transferred after arrest into the custody of the War Department," issued his proclamation, dated Feb. 5, 1918, No. 1427, declaring "that every such alien enemy who is so transferred, after arrest, into the custody of the War Department for detention during the war, shall be and hereby is included within the meaning of the word "enemy" and shall be deemed to constitute an "enemy for said purposes." See Appendix V, also R. Sts, 4067, 4068, 4069, 4070, Addenda M.

ENEMIES NAMED: The President, by several proclamations, pursuant to authority vested in him by the Act, named

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certain individuals and firms and proscribed them as enemies, but the list is of no general importance at this time. (Proclamations, dated August 10, 1918, No. 1475, August 14, 1918, No. 1477, and November 29, 1918, No. 1503.)

ENEMY CLASS PROSCRIBED: The President, by virtue of the Act, sections supra, issued his proclamation, dated May 31, 1918, No. 1454, declaring that the subjects, non-resident citizens, and class of individuals hereinafter mentioned "shall all be included within the meaning of the word 'enemy' for the purpose of the "Trading with the Enemy Act' and of such trading; and I do hereby proclaim to all whom it may concern that every such individual or body or class of individuals herein referred to shall be and hereby is included within the meaning of the word 'enemy' and shall be deemed to constitute an 'enemy for said purposes'," to wit:

(1) WIFE OF ENEMY OFFICER OR AGENT: “Any woman, wherever resident outside of the United States, who is a citizen or subject of any nation with which the United States is at war and whose husband is either (a) an officer, official or agent of the government of any nation with which the United States is at war, or (b) resident within the territory (including that occupied by the military or naval forces) of any nation with which the United States is at war, or (c) resident outside of the United States and doing business within such territory."

(2)

DETAINED ENEMIES: "All citizens or subjects of any nation with which the United States is at war (other than citizens of the United States) who have been or shall hereafter be detained as prisoners of war, or who have been or shall hereafter be interned by any nation which is at war with any nation with which the United States is also at war."

(3) NON-RESIDENT INDIVIDUALS: "Such other individuals or body or class of individuals as may be citizens or subjects of any nation with which the United States is at war (other than citizens of the United States) wherever resident outside of the United States, or wherever doing business outside of the United States, who since the beginning of the war have disseminated, or shall hereafter disseminate propaganda

calculated to aid the cause of any such nation in such war, or to injure the cause of the United States in such war, or who since the beginning of the war has assisted or shall hereafter assist in plotting or intrigue against the United States, or against any nation which is at war with any nation which is at war also with the United States."

(4)

PERSONS ON ENEMY TRADING LIST: "Such other individuals or body or class of individuals as may be citizens or subjects of any nation with which the United States is at war wherever resident outside of the United States, or wherever doing business outside of the United States, who are or may hereafter be included in a publication issued by the War Trade Board of the United States of America, entitled 'Enemy Trading List'; and the term 'body or class of individuals' as herein used shall include firms and co-partnerships contained in any enemy trading list of which one or more of the members or partners shall be citizens or subjects of any nation with which the United States is at war."

(5) ALIENS WITHIN ENEMY TERRITORY SINCE AUG. 4, 1914: "Any citizen or subject of any nation with which the United States is at war wherever resident outside of the United States, who has been at any time since Aug. 4, 1914, resident within the territory (including that occupied by the military or naval forces) of any nation with which the United States is at war."

See Proclamation, May 31, 1918, Appendix V, par. 9.

CITATION OF DECISIONS.

Section 2 cited or construed in:

1. U. S. District Courts.

City National Bank vs. Dresdner Bank, 255 F. 225;

Ex. Parte Graber, 247 F. 882;

Harlan & Wolff vs. Kaiser Wm. II, 246 F. 786, 159 CCA. 88;

Kahn vs. Garvan, 263 F. 909; cited in 269 F. 835, 273 F. 46, 275 F. 487, 276 F. 206, 276 F. 716, 281 F. 773, 286 F. 215.

Kintner et al vs. Hoch-Fregnenz-Machinen A. G. fur Dratlose Tel. Co. 256 F. 849;

Mayer vs. Garvan, 270 F. 229, modified and affirmed in (CCA.) 278 F. 27; cited in 274 F. 451-452;

Plettenberg, Holthaus & Co. vs. Kalmon & Co., 241 F. 605; cited in 243 F. 623, 248 F. 640, 255 F. 135;

Rossie vs. Garvan, 274 F. 447;

Rothbarth vs. Schrieber, 242 F. 80;

Speigelberg vs. Garvan, 260 F. 302, cited in 286 F. 216;

Spiedel vs. Barstow, 243 F. 621;

Springer vs. Garvan, 276 F. 595;
The Oropa, 255 F. 132;

Watts, Watts & Co. vs. Unione Austriaca di Navigazione,
224 F. 188; affirmed in (CCA.) 229 F. 136, S. C. 229
F. 136, 143 CCA. 418, and 248 U. S. 9.

2. U. S. Circuit Courts.

Joring vs. Harriss, 292 F. 975; certiorari denied in 44
Sup. Ct. 37;

Mayer vs. Garvan, 278 F. 27, affirming (DC.) 270 F. 229; Watts, Watts & Co. vs. Unione Austriaca di Navigazione, 229 F. 136, 143 CCA. 418, affirming 224 F. 188.

3. U. S. Supreme Court.

Watts, Watts & Co. vs. Unione Austriaca di Navigazione, 248 US. 9, 39 Sup. Ct.-, affirming (DC.) 224 F. 188 and (CCA.) 229 F. 136.

4. State Courts.

Alabama

Arizona

California

Lutz vs. VanHanegan Brokerage Co., 202
Ala. 234, 80 So. 72.

Gardanier vs. Celada, 24 Ariz. 185, 207
Pac. 875.

Superior & Pittsburg Copper Co. vs.
Davidovich, 19 Ariz. 402; 171 Pac. 127.

Henrichs Estate, 180 Cal. 175, 179 Pac.
883;

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