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Homer S. Cummings, Attorney General of the United States, and W. A. Julian, as Treasurer of the United States, Petitioners, v. Deutsche Bank und Disconto-Gesellschapt.*
Published online by Cambridge University Press: 12 April 2017
Abstract
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- Type
- Judicial Decisions Involving Questions of International Law
- Information
- Copyright
- Copyright © American Society of International Law 1937
Footnotes
*
300U. S. 115.
References
1 Now the “District Court of the United States for the District of Columbia.” Act of June 25, 1936, 49 Stat. 1921.
2 Act of October 6, 1917, § 9, 40 Stat. 419 [this Journal, Supp., Vol. 12 (1918), p. 27], as amended by Acts: July 11, 1919, 41 Stat. 35; June 5, 1920, 41 Stat.977; February 27, 1921, c. 76, 41 Stat. 1147; December 21, 1921, c. 13, 42 Stat.351; December 27, 1922, c.13, 42 Stat.1065; March 4, 1923, § 1, 42 Stat. 1511; May 7, 1926, c. 252, 44 Stat. 406.
3 Act of March 10, 1928, 45 Stat. 270. [This Journal, Supp., Vol. 22 (1928), p. 40.]
4 42 Stat. 105. [This Journal, Supp., Vol. 16 (1922), p. 10.]
5 42 Stat. 1939. [Ibid.]
6 Sen. Doc. No. 348, 67th Cong., 4th Sess., p. 3329. [Ibid., Vol. 13 (1919), p. 151.]
7 42 Stat. 2200. [Ibid., Vol. 16 (1922), p. 171.]
8 Report of the Secretary of the Treasury, 1930, p. 341.
9 Sen. Rep. No. 113, 65th Cong., 1st Sess. Trading with the Enemy Act of October 6, 1917, § 12, 40 Stat. 423. Public Resolution No. 8, July 2, 1921, § 5, 42 Stat. 106. Cong. Rec., Vol. 61, Part 4, p. 3249. Winslow Act of March 4, 1923, § 2, 42 Stat. 1516, adding § 23 to Trading with the Enemy Act. Sen. Rep. No. 273, 70th Cong., 1st Sess., pp. 12-13. Settlement of War Claims Act of ,March 10, 1928, 45 Stat. 254.
10 Section 9 (b) of the Trading with the Enemy Act, as amended by § 11 of the Settlement of War Claims Act, 45 Stat. 270—in substance so far as pertinent here—declares that if the President shall determine that the owner at the time of the taking was a German corporation and that written consent (provided for in subsection (m) of § 9 as amended) to postponement of return of 20 per cent of the money or property has been filed, then the President without any application being made therefor “may order the payment, conveyance, transfer, assignment, or delivery of such money or other property held by the Alien Property Custodian or by the Treasurer of the United States” to the owner from whom taken.
Section 9 (c) declares that any person whose property the President is authorized to return under the provisions of subsection (b) (and plaintiff’s predecessor is such a person) may serve notice of claim for the return of the money or property taken from him as provided in subsection 9 (a) (which relates to claims by others than enemies for property taken from them by the Custodian) and thereafter “may make application to the President for allowance of such claim and/or may institute suit in equity to recover such money or other property, as provided in said subsection, and with like effect. The President or the court, as the case may be, may make the same determinations with respect to citizenship and other relevant facts that the President is authorized to make under the provisions of subsection (b) hereof.”
and § 9 (a) provides that any person not an enemy or ally of an enemy claiming money or property taken by the Custodian may file with him a notice of claim under oath and in form and substance as required; and the President, if application is made by claimant, may order the payment or delivery to claimant of the money or property so held by the Custodian or Treasurer. If the President shall not so order within 60 days or if the claimant shall have filed the required notice and made no application, then claimant may institute a suit in equity “to establish the interest, right, title ” so claimed, and if so established the court shall order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States or the interest therein to which the court shall determine said claimant is entitled. If suit shall be so instituted, then such money or property shall be retained in the custody of the Alien Property Custodian, or in the Treasury of the United States, as provided in this Act, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by payment or conveyance, transfer, assignment, or delivery by the defendant, or by the Alien Property Custodian, or Treasurer of the United States on order of the court, or until final judgment or decree shall be entered against the claimant or suit otherwise terminated.”