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CHAPTER 46.

TRAVEL AND COMMERCE IN TIME OF WAR.

Travel in time of war:

Restriction, 2863.
Passports for citizens of the United

States, 2864.
Penalties for unlawful travel, 2865.
United States and person defined, 2866,

Transportation of enemies, 2867.
Commerce in time of war:
Unlawful exports, 2868.

Silver, 2869.
l'nlawful exportation, 2870.

Vessels detained in port, 2871.
Trading with the enemy :
Alien property custodian-

Office established, 2872.

Powers, 2873.
Definitions-

Trading with the enemy act, 2874.
Enemy, 2875.
Ally of the enemy, 2876.
Person, 2877.
United States, 2878.
Beginning of the war, 2879.
End of the war, 2880.
Banks, 2881.

To trade, 2882.
Jurisdiction of courts, 2883.
In Philippine Islands and Canal Zone,

2884.
Statutes of limitations suspended, 2885.

Trading with the enemy-Continued.

Notice that person is an enemy, 2886.
License of the President required

Trading with the enemy, 2887.
Forwarding letters, 2888.
Authorized exportation, 2889.
Imports restricted, 2890.
Unlicensed transactions without rem-

edy, 2891.
Suspension and regulations, 2892.
Postponement of acts, 2893.
Transactions in foreign exchange,

transfer of credits, etc., 2894. Contracts made prior to war

Performance, 2895.
Property conveyed to alien property

custodian, 2896.
Voluntary payments, 2897.
Liability avoided by observing regu-

lations, 2898.
Claims to property held by alien prop-

erty custodian, 2899.
Vessels taken over, 2900.
Patent rights-
Foreign letters patent for American in-

ventions, 2901.
Manufacture of foreign inventions in

the United States, 2902. Recovery of royalties, etc., 2903, Inventions kept secret, 2904,

2863. Travel restricted in time of war.-That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful

(a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe ;

(b) For any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this Act;

(c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

(d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;

(c) For any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;

(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;

(g) For any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. Sec. 1, act of May 22, 1918 (40 Stat. 559).

2864. Passports required for citizens in time of war.-That after such proclamation as is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the Presi. dent may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he bears a valid passport. Sec. 2, act of May 22, 1918 ($0 Stat. 559).

2865. Penalties for unlawful travel in time of war.—That any person who shall willfully violate any of the provisions of this Act, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a nat. ural person, imprisoned for not more than twenty years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States. Sec. 3, act of May 22, 1918 (40 Stat. 559).

2866. United States and person defined.—That the term “United States ” as used in this Act includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States.

The word "person " as used herein shall be deemed to mean any individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic. Sec. 4, act of May 22, 1918 (40 Stat, 559).

2867. Transporting enemies, etc.--That it shall be unlawful

(0) For any person, except with the license of the President, to transport or attempt to transport into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or attempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen. Sec. 3(6), act of Oct. 6, 1917 (10 Stat. 112).

2868. Exports unlawful in time of war.–Whenever during the present war the President shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President

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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. 9, act of April 23, 1918 (40 Stat. 537).

For Title VII, act of June 15, 1917, see 2868, ante, and 2870, 2871, post..-
For subsection (b), sec. 5, act of Oct. 6, 1917, see 2894, 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 2868, 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 pote to 2868, ante.

Notes of Decisions.

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2871. Vessels detained in port in time of war.-Whenever there is reasonable cause to believe that any ressel, domestic or foreign, is about to carry out of the t'nited 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 $10,00) 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 (10 Stat. 225).

2872. Alien property custodian.--That the President is authorized to appoint, prescribe the duties of, and fix the salary (pot to exceed $5,000 per annum) of an official to be known as the alien property custodian, who shall be entpowered to receive all money and property in the United States due or belonging 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 (140 Stat. 415).

Notes of Decisions.

Suit against custodian.--A bill by an eneny alien, brought against the Alien Property Castodian, both individually

and officially, must, where it solely complains of acts committed by him in his official capacity, be treated as one against 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.

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2873. Powers of the alien property eustodian.-

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 him 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 respect 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 may 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).

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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 powers, can declare unlawful trading with the enemy, as it bas done by this act. Salamandra Ins. Co. v. N. Y. Life Ins. & Trust Co. (D. C. 1918), 254 Fed. 852 ; Fischer v. Palmer (D. C. 1919), 259 Fed. 355.

Such act is not invalid as violating the Fifth Amendment, for there is no deprivation of the property of citizens, or friendly aliens, without due process of law.

Salamandra Ing. Co. v. N. Y. Life Ins. &
Trust Co. (D. C. 1918), 254 Fed. 852.

The act is not unconstitutional because it provides no remedy for a review of the acts of the Alien Property Custodian in taking over property, except by suit under sec. 9 of the act, post 2899, authorizing suits by claimants within six months after the conclusion of peace.

Kahn v. Garvan (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.

(6) 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."

Sec. 2, act of Oct. 6, 1917 (40 Stat. 411).

Notes of Decisions.

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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

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