(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." ** Sec. 2, act of Oct. 6, 1917 (40 Stat. 411). 2877. Person defined. * * * 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. 2, act of Oct. 6, 1917 (40 Stat. 412). 2878. The United States defined.- ** Sec. 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. Sec. 2, act of Oct. 6, 1917 (40 Stat. 412). * * * 2879. Beginning of the war defined. ** * * 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. Sec. 2, act of Oct. 6, 1917 (40 Stat. 412). 2880. End of the war defined.- * ** * 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. Sec. 2, act of Oct. 6, 1917 (40 Stat. 412). See also 2835, ante. Notes of Decisions. Effect of armistice.-Where the alien Property Custodian determined funds were alien property the signing of an armistice does not entitle adverse claimants to the fund on the theory that the war had ccased, no prior date appearing to have been declared by the President. Salamandra Ins. Co. v. New York Life Ins. & Trust Co., 254 Fed. 852. Termination of hostilities.-IIeld, that a state of war did not in law cease until the ratification in April, 1899, of the treaty of 2881. Ranks defined.- * ** The words "bank or banks," as used herein, shall be deemed to mean and include national banks, State banks, trust compa nies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States. Sec. 2, act of Oct. 6, 1917 (40 Stat. 412). 2882. To trade defined. shall be deemed to mean * The words "to trade," as used herein, (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. (e) To have any form of business or commercial communication or intercourse with. Sec. 2 act of Oct. 6, 1917 (40 Stat. 412). 2883. Jurisdiction of the district courts over trading with the enemy. That the district courts of the United States are hereby given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this Act, with a right of appeal from the final order or decree of such court as provided in sections one hundred and twentyeight and two hundred and thirty-eight of the Act of March third, nineteen hundred and eleven, entitled “An Act to codify, revise, and amend the laws relating to the judiciary." Sec. 17, act of Oct. 6, 1917 (40 Stat. 425). Secs. 128 and 238, act of Mar. 3, 1911 (36 Stat. 1133, 1157), were amended to read as set forth in sec. 2, act of Jan. 28, 1915 (38 Stat. 803, 804). Notes of Decisions. Court may aid custodian. The Alien Property Custodian may apply, under this section, to a district court for aid in obtaining possession of property to which he is entitled. Garvan v. $20,000 Bonds (C. C. A. 1920), 265 Fed. 477; In re Garvan (D. C. 1921), 270 Fed. 1002. 2884. Jurisdiction over trading with the enemy in the Philippine Islands and the Canal Zone. That the several courts of first instance in the Philippine Islands and the district court of the Canal Zone shall have jurisdiction of offenses under this Act committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by section thirty-seven of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philippine Islands and to the Canal Zone. Sec. 18, act of Oct. 6, 1917 (40 Stat. 425). 2885. Suspension of statutes of limitations in regard to trading with the enemy. The running of any statute of limitations shall be suspended with reference to the the rights or remedies on any contract or obligation entered into prior to the beginning of the war between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or liability for payment which is evidenced by drafts or other commercial paper drawn against or secured by funds or other property situated in an enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the said funds or property shall be released for the payment or satisfaction of such contract or obligation: Provided, however, That nothing herein contained shall be construed to prevent the suspension of the running of the statute of limitations in all other cases where such suspension would occur under existing law. Sec. 8 (c), act of Oct. 6, 1917 (40 Stat. 419). 2886. Notice of the President that a person is an enemy.Receipt of notice from the President to the effect that he has reasonable ground to believe that any person is an enemy or ally of enemy shall be prima facie defense to any one receiving the same, in any suit or action at law or in equity brought or maintained, or to any right or set-off or recoupment asserted by, such person and based on failure to complete or perform since the beginning of the war any contract or other obligation. In any prosecution under section sixteen hereof, proof of receipt of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy or ally of enemy shall be prima facie evidence that the person receiving such notice has reasonable cause to believe such other person to be an enemy or ally of enemy within the meaning of section three hereof. Sec. 7 (b), act of Oct. 6, 1917 (40 Stat. 417). Sec. 16, mentioned above, provides for the punishment of persons convicted of wilfully violating any of the provisions of this act or of any license, rule, or regulation issued thereunder, or of violating, neglecting, or refusing to comply with any order of the President issued in compliance with the provisions of this act. 2887. Trading with the enemy without license. That it shall be unlawful— (a) For any person in the United States, except with the license of the President, granted to such person, or to the enemy, or ally of enemy, as provided in this Act, to trade, or attempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, directly or indirectly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy. Sec. 3 (a), act of Oct. 6, 1917 (40 Stat. 412). See 2835, ante. Notes of Decisions. Legality. The Government clearly has power to permit limited commercial Intercourse with an enemy in time of war, and to impose such conditions thereon as it sees fit; the power is incident to the power to declare war and to carry it to a successful conclusion. There is no doubt that with the concurrent authority of Congress, the President may exercise such power in his discretion. Hamilton v. Dillin (1874), 21 Wall. 73. 2888. Forwarding letters, etc., for enemies.-That it shall be unlawful(c) For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy nation, and other than such persons or classes of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communication, except in the regular course of the mail; and it shall be unlawful for any person to send, take, or transmit, or attempt to send, take, or transmit out of the United States, any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of communication intended for or to be delivered, directly or indirectly, to an enemy or ally of enemy: Sec. 3 (c), act of Oct. 6, 1917 (40 Stat. 412). Notes of Decisions. Construction. The clause of this section inhibiting the bringing into or sending out of the United States communications, other than in the regular course of the mails, is not restricted to communications intended for enemies. U. S. v. Welsh (D. C. 1918), 250 Fed. 309. While it is not a violation of this section to bring into the United States a coupon gold bond issued by an American corporation, which bore no communication * other than its proper printed contents, it is a violation to bring into the United States coupons for interest due on the bond of a friendly nation, where on the back of the coupon was stamped "C. L." and below it Hkewise Lille," with certain figures, for the purpose of such writings not being disclosed. They might well contain a communication which it was the purpose of the act to exclude. U. S. v. Van Werkhoven (D. C. 1918), 250 Fed. 311. 2889. Authorized exportation.- * * Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President. Sec. 3(c), act of Oct. 6, 1917 (40 Stat. 413). 2890. Restriction of importations during the World War.-Whenever during the present war the President shall find that the public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another. Sec. 11, act of Oct. 6, 1917 (40 Stat. 422). 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. * * No con 2891. Unlicensed trading with the enemy without remedy.- * veyance, transfer, delivery, payment, or loan of money or other property, in violation of section three hereof, made after the passage of this Act, and not under license as herein provided shall confer or create any right or remedy in respect thereof; and no person shall by virtue of any assignment, indorsement, or delivery to him of any debt, bill, note, or other obligation or chose in action by, from, or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, or perform the same unless said assignment, indorsement, or delivery was made prior to the beginning of the war or shall be made under license as herein provided, or unless, if made after the beginning of the war and prior to the date of passage of this Act, the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, or other obligation or chose in action shall, on conviction thereof, be deemed to violate section three hereof: Sec. 7 (b), act of Oct. 6, 1917 (40 Stat. 417). 2892. Suspension of restriction and prescription of regulations as to trading with the enemy. That the President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this Act so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of section four hereof, and to perform any act made unlawful without such license in section three hereof, and to file and prosecute applications under subsection (b) of section ten hereof; and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compatible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this Act; and the President 'may exercise any power or authority conferred by this Act through such officer or officers as he shall direct. * Sec. 5(a), act of Oct. 6, 1917 (40 Stat. 415). Subsection (a) of sec. 4, referred to above, relates to enemy insurance companies doing business within the United States, and for the temporary continuance of other enemy business under Presidential license; sec. 3, referred to above, is found in 2887, 2867, 2888, 2889, ante, and 3018, post. 2893. Postponement of travel and commerce pending investigation.- * If the President shall have reasonable cause to believe that any act is about to be performed in violation of section three hereof he shall have authority to order the postponement of the performance of such act for a period not exceeding ninety days, pending investigation of the facts by him. Sec. 5(a), act of Oct. 6, 1917 (40 Stat. 415). For sec. 3, mentioned above, see 2887, 2867, 2888, ante, and 3018, post. 2894. Transactions in foreign exchange, transfer of credits, etc.-That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States), and transfers of evidences of indebtedness or of the ownership of property between the United States and any foreign country, whether enemy, ally of enemy, or otherwise, or between residents of one or more foreign countries, by any person within the United States; and, for the purpose of strengthening, sustaining and broadening the market for bonds and certificates of indebtedness of the United States, of preventing frauds upon the holders thereof, and of protecting such holders, he may investigate and regulate, by means of licenses or otherwise (until the expiration of two years after the date of the termination of the present war with the Imperial German Government, as fixed by his proclamation), any transactions in such bonds or certificates by or between any person or persons: Provided, That nothing contained in this subdivision (b) shall be construed to confer any power to prohibit the purchase or sale for cash, or for notes eligible for discount at any Federal Reserve Bank, of bonds or certificates of indebtedness of the United States; and he may require any person engaged in any transaction referred to in this subdivision to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, either before or after such transaction is completed. Sec. 5(b), act of Oct. 6, 1917 (40 Stat. 415), as amended by sec. 5, act of Sept. 24, 1918 (40 Stat. 966). |