Behn, Meyer Co v. Miller

Decision Date05 January 1925
Docket NumberNo. 343,343
Citation69 L.Ed. 374,45 S.Ct. 165,266 U.S. 457
PartiesBEHN, MEYER & CO., Limited, v. MILLER, Alien Property Custodian, et al
CourtU.S. Supreme Court

[Syllabus from pages 457-459 intentionally omitted] Mr. Wm. D. Guthrie, of New York, City, for appellant.

Mr. Merrill E. Otis, of St. Joseph, Mo., for appellees.

[Argument of Counsel from pages 459-461 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.

Since December, 1905, the appellant, Behn, Meyer & Co., Limited, has been a corporation organized under the laws of the Straits Settlements, a crown colony of the United Kingdom of Great Britain and Ireland. It has never been a resident of nor has it done business within the territory of any nation at war with the United States since April 6, 1917, or an ally of such nation. Prior to February, 1918, under the supervision of Menzi, a stockholder and citizen of Switzerland, it carried on business in the Philippine Islands. During that month, and while subjects of Germany held most of its stock, the Alien Property Custodian, claiming authority under the Trading with the Enemy Act, seized and converted into cash the corporation's assets found in those islands. The proceeds are held by him or by the Treasurer of the United States.

Alleging that its property had been improperly seized and the proceeds were being unjustly withheld, the company brought suit to recover them in the Supreme Court, District of Columbia, July 28, 1922. Upon motion the trial court dismissed the petition and the Court of Appeals affirmed the decree.

Following much consideration, Congress passed the original Trading with the Enemy Act, approved October 6, 1917 (40 Stat. 411, c. 106 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3115 1/2 a-3115 1/2 ff, 3115 1/2 g-3115 1/2 j]). It is long (19 sections), rather complicated, and evinces the purpose to clothe the President with definitely restricted powers in respect of seizing property of those designated as enemies. It has been amended several times but has always contained the original provisions (section 9 [section 3115 1/2 e]) allowing recovery of seized property which did not in fact belong to an enemy. 'By section 9, as twice amended, any one, 'not an enemy or ally of enemy,' claiming any interest, right or title in any money or other property so sequestered and held may give notice of his claim and institute a suit in equity. * * * [The act] distinctly reserves to any claimant who is neither an enemy nor an ally of an enemy a right to assert and establish his claim by a suit in equity unembarrassed by the precedent executive determination. Not only so, but pending the suit, which the claimant may bring as promptly after the seizure as he chooses, the property is to be retained by the Custodian to abide the result and, if the claimant prevails, is to be forthwith returned to him. Thus there is provision for the return of property mistakenly sequestered; and we have no hesitation in pronouncing it adequate, for it enables the claimant, as of right, to obtain a full hearing on his claim in a court having power to enforce it if found meritorious.' Stoeher v. Wallace, 255 U. S. 239, 243, 246, 41 S. Ct. 293, 295, 296 (65 L. Ed. 604); Central Union Trust Co. v. Garvan, 254 U. S. 554, 41 S. Ct. 214, 65 L. Ed. 403; Commercial Trust Co. v. Miller, 262 U. S. 51, 43 S. Ct. 486, 67 L. Ed. 858.

Section 2 (section 3115 1/2 aa), which has remained unchanged, declares that 'person' shall include corporation or body politic and the word 'enemy' shall be deemed to mean:

'(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.

'(b) 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."

Also, the words 'ally of enemy' shall be deemed to mean:

'(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 a 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."

After prohibiting trade with, for or on account of any enemy or ally of enemy, and making sundry provisions for licenses, appointment of an Alien Property Custodian, reports to him, etc., etc., the original act provided:

'Sec. 7(c). If the President shall so require, any money or other property owing or belonging to or held for, by, on account of, or on behalf of, or for the benefit of an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owing or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian.'1 Section 3115 1/2 d.

'Sec. 9. That any person, not an enemy, or ally of enemy claiming any interest, right, or title in any money or other property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian hereunder, and held by him or by the Treasurer of the United States * * * may file with the said Custodian a notice of his claim under oath and in such form and containing such particulars as the said Custodian shall require; and the President, if application is made therefor by the claimant, may, with the assent of the owner of said property and of all persons claiming any right, title, or interest therein, 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 of the interest therein to which the President shall determine said claimant is entitled. * * * If the President shall not so order within sixty days after the filing of such application, or if the claimant shall have filed the notice as above required and shall have made no application to the President, said claimant may, at any time before the expiration of six months [enlarged to eighteen months by Act Dec. 21, 1921, c. 13, 42 Stat. 351 (Comp. St. Ann. Supp. 1923, § 3115 1/2 e)] after the end of the war, institute a suit in equity in the Supreme Court of the District of Columbia [Act July 11, 1919, c. 6, 41 Stat. 35] or in the District Court of the United States for the district in which such claimant resides, or, if a corporation, where it has its principal place of business (to which suit the Alien Property Custodian or the Treasurer of the United States, as the case may be, shall be made a party defendant), to establish the interest, right, title, or debt so claimed. * * *' Section 31151/2 e.

Section 9 was materially amended by the Act of June 5, 1920, c. 241, 41 Stat. 977. The original section, quoted above, was reenacted as subsection (a). It provides for recovery when the seized property belonged to one not an 'enemy or ally of enemy,' where the taking was in fact without warrant of law. Six subsections—(b), (c), (d), (e), (f), and (g)—were added. Subsection (b) permits recovery by some within the definition of 'enemy' whose properly had been lawfully seized. Each of its eight numbered paragraphs include such persons. Subsection (c) and those parts of subsection (b) here specially important follow. All of subsection (b) is printed below.2

'Sec. 9, subsec. (b) In respect of all money or other property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, if the President shall determine that the owner thereof at the time such money or other property was required to be so conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or at the time when it was voluntarily delivered to him or was seized by him was—* * *

'Par. (6) A partnership, association, or other unincorporated body of individuals outside the United States or a corporation incorporated within any country other than the United States, and was entirely owned at such time by subjects or citizens of nations, states, or free cities...

To continue reading

Request your trial
19 cases
  • Bonnar v. United States
    • United States
    • U.S. Claims Court
    • February 19, 1971
    ...an enemy when the enemy had placed them in a neutral or American company in exchange for its shares. See, Behn, Meyer & Co. v. Miller, 266 U.S. 457, 45 S.Ct. 165, 69 L.Ed. 374 (1925); and Hamburg-American Line Terminal & Navigation Co. v. United States, 277 U.S. 138, 48 S.Ct. 470, 72 L.Ed. ......
  • Becker Steel Co of America v. Cummings
    • United States
    • U.S. Supreme Court
    • November 11, 1935
    ...effect to its remedial purpose, see Miller v. Robertson, 266 U.S. 243, 248, 45 S.Ct. 73, 69 L.Ed. 265; Behn, Meyer & Co. v. Miller, 266 U.S. 457, 471, 472, 45 S.Ct. 165, 69 L.Ed. 374. In the present state of the record it is unnecessary to inquire whether the effect of the act is to sanctio......
  • Tagle v. Regan
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 27, 1981
    ...at 563. The Trading With the Enemy Act was enacted on October 6, 1917 "(f)ollowing much consideration," Behn, Meyer & Co. v. Miller, 266 U.S. 457, 462, 45 S.Ct. 165, 69 L.Ed. 374 (1925). The bill "clothe(d) the President with definitely restricted powers in respect of seizing property of th......
  • American Airways Charters, Inc. v. Regan
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • October 23, 1984
    ...with definitely restricted powers in respect of seizing property of those designated as enemies." Behn, Meyer & Co. v. Miller, 266 U.S. 457, 462, 45 S.Ct. 165, 165, 69 L.Ed. 374 (1925). The drafters of the original Act described it as designed to mitigate the rules of law which prohibit all......
  • Request a trial to view additional results
1 books & journal articles
  • VEIL PEEKING: THE CORPORATION AS A NEXUS FOR REGULATION.
    • United States
    • University of Pennsylvania Law Review Vol. 169 No. 3, February 2021
    • February 1, 2021
    ...can adopt enemy character through the "acts of a company's organs"). (55) Id. (emphasis added). (56) See Behn, Meyer & Co. v. Miller, 266 U.S. 457, 463 (1925) (quoting Trading with the Enemy Act, ch. 106, [section] 2(a), 40 Stat. 411, 411 (1917) (codified at 50 U.S.C. [section] 4302(a))......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT