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Commercial Trust Co. v. Miller, 262 U.S. 51 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Commercial Trust Co. v. Miller, 262 U.S. 51 (1923)
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Commercial Trust Company of New Jersey v. Miller No. 575 Argued April 13, 1923 Decided April 23, 1923 262 U.S. 51
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. A proceeding for the seizure of enemy-held property, brought by the Alien Property Custodian as delegate of the President, under 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. 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. 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. 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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Chicago: U.S. Supreme Court, "Syllabus," Commercial Trust Co. v. Miller, 262 U.S. 51 (1923) in 262 U.S. 51 262 U.S. 52. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3RPH2ZLH8I238BB.
MLA: U.S. Supreme Court. "Syllabus." Commercial Trust Co. v. Miller, 262 U.S. 51 (1923), in 262 U.S. 51, page 262 U.S. 52. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3RPH2ZLH8I238BB.
Harvard: U.S. Supreme Court, 'Syllabus' in Commercial Trust Co. v. Miller, 262 U.S. 51 (1923). cited in 1923, 262 U.S. 51, pp.262 U.S. 52. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3RPH2ZLH8I238BB.
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