Commercial Trust Co. v. Miller,
262 U.S. 51 (1923)

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U.S. Supreme Court

Commercial Trust Co. v. Miller, 262 U.S. 51 (1923)

Commercial Trust Company of New Jersey v. Miller

No. 575

Argued April 13, 1923

Decided April 23, 1923

262 U.S. 51


1. A proceeding for the seizure of enemy-held property, brought by the Alien Property Custodian as delegate of the President, under

Page 262 U. S. 52

the Trading with the Enemy Act, is a purely possessory one, in which the custodian's determination that the property is so held is conclusive. P. 262 U. S. 55. Central Trust Co. v. Garvan, 254 U. S. 554; Stoehr v. Wallace, 255 U. S. 239.

2. This is a constitutional exercise of the war power. Id.

3. Where securities and moneys were held by a trustee in trust for the joint account of a neutral and an alien enemy, to be delivered and paid to either upon his sole demand, or to the survivor, the Alien Property Custodian, proceeding under the Trading with the Enemy Act, was entitled to a decree requiring the trustee forthwith to transfer and deliver them all to him. P. 262 U. S. 54.

4. How long this act should remain in force in view of the consequence of the War, is a legislative, not a judicial, question; it was not terminated by the cessation of hostilities, by the joint resolution declaring the state of war as between Germany and the United States at an end, or by the President's proclamation of peace. P. 262 U. S. 57.

281 F. 804 affirmed.

Appeal from a judgment of the circuit court of appeals affirming a judgment of the district court which required the appellant to convey, transfer, assign, deliver, and pay to the Alien Property Custodian money and property held by it as a trustee.

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