Markham v. Cabell

by William O. Douglas

United States Supreme Court

326 U.S. 404

Markham  v.  Cabell

 Argued: Oct. 19, 1945. --- Decided: Dec 10, 1945

The Trading with the Enemy Act automatically went into effect again at outbreak of Second World War. Trading with the Enemy Act § 2, 50 U.S.C.A.Appendix § 2; § 5(b), as amended by First War Powers Act 1941, § 301, 50 U.S.C.A.Appendix § 616 and § 302, 50 U.S.C.A.Appendix § 617; § 9(a, e) amended in 1920 and 1928, 50 U.S.C.A.Appendix § 9(a, e).

Subdivision (e) of section 9 of Trading with the Enemy Act, providing that no debt shall be paid by Alien Property Custodian unless it was owned by claimant before October 6, 1917, nor unless notice thereof was filed before enactment of settlement of War Claims Act of 1928, was limited to seizures made during First World War and does not apply to seizures made in Second World War. Trading with the Enemy Act § 9(a, e), amended in 1920 and 1928, 50 U.S.C.A.Appendix § 9(a, e).

Mr. Paul A. Freund, of Washington, D.C., for petitioners.

Mr. Hartwell Cabell, pro se.

Mr. Justice DOUGLAS delivered the opinion of the Court.

Notes