THE RETURN OF PROPERTY BY THE ALIEN PROPERTY CUSTODIAN

Authors

Carl Zollmann, Marquette Law School

Abstract

The Enemy Trade Act, out of which the office of the Alien Property Custodian has grown, is strictly a war measure under the power conferred on Congress by the United States Constitution to declare war and to "make rules concerning captures on land and water." Such power remains active as long as war legally exists. No constitutional right therefore is infringed by the enforcement of the act at any time prior to the peace resolution of July 2, 1921, notwithstanding the cessation of hostilities by the armistice of November n, 1918. This power, however, terminates with the legal termination of the war. Therefore, a demand signed by the Custodian before, but not served until after, July 2, 1921, is unavailing to effect a capture.

Recommended Citation

Carl Zollmann, THE RETURN OF PROPERTY BY THE ALIEN PROPERTY CUSTODIAN, 21 Mich. L. Rev. 277 (1923).
Available at: https://repository.law.umich.edu/mlr/vol21/iss3/3