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many more subsections, but a general view of its scope and operation may conveniently be obtained from a brief examination of the authority vested in executive agencies for its enforcement.
On October 12, 1917, the President issued an executive order vesting power and authority in designated officers and making rules and regulations under the Trading-with-the-Enemy Act and Title VII of the Act known as the Espionage Act, approved June 15, 1917.
By this order, the President established a War Trade Board, composed of representatives respectively of the Secretary of State, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Food Administrator, and the United States Shipping Board. This order vested the War Trade Board with the President's power and authority to issue licenses under terms and conditions not inconsistent with law, or to withhold or refuse licenses, for the exportation or importation of all articles (except coin, bullion, or currency), the exportation or importation of which may be restricted by proclamations previously or subsequently issued by the President under the Espionage Act or the Trading-with-the-Enemy Act.
The President also vested in this Board his power and authority, not vested elsewhere under the order, to issue pursuant to law, or to withhold or refuse, licenses “to trade either directly or indirectly with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade directly or indirectly for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy.” The terms here quoted are in the exact language of the section of the Act prohibiting trading with the enemy, except under license.
By this order, the War Trade Board is further authorized to issue or to refuse to issue licenses to every enemy or ally of enemy doing business in the United States through an agency or branch office other than enemy or ally of enemy insurance or reinsurance companies, provided application was made for such licenses within a fixed time limit, and also licenses to use other names than those used by them at the beginning of the war, which is forbidden unless so licensed. The insurance or reinsurance companies excepted from these provisions are placed under the supervision of the Secretary of the Treasury, who
· Printed in the Supplement to this JOURNAL, January, 1918, p. 60.
is empowered to grant licenses to them. By a subsequent Executive Order, dated December 7, 1917, all foreign insurance companies are prohibited from doing business within the United States after February 1, 1918, unless under license by the Secretary of the Treasury.
All administrative authority previously conferred by the President upon governmental agencies which were combined by this order into the War Trade Board was continued and made applicable to the War Trade Board, which is further empowered to take such measures as may be necessary or expedient to administer the powers conferred upon it, and to make such rules and regulations as may be necessary and proper for the exercise of these powers.
A War Trade Council is also established by this executive order, consisting of the officials whose representatives make up the War Trade Board, and this Council is required to act in an advisory capacity in such matters under the Trading-with-the-Enemy Act as may be referred to them by the President or the War Trade Board.
The Secretary of the Treasury is vested with the executive administration of any investigation, regulation or prohibition of, and the power to acquire information about any transaction in foreign exchange, the export or earmarking of gold or silver coin or bullion or currency, and any transfers of credit in any form and evidences of indebtedness or of ownership of property taking place between the United States and any foreign country, or between the residents of foreign countries, when participated in by any person within the United States.
He is also vested with the executive administration of the provisions of the Act making unlawful the transmission, into, or out of the United States, of letters or other tangible forms of communications, except in the regular course of the mail, and also the transmission of letters, messages, and all other forms of communication intended for delivery directly or indirectly to an enemy or ally of an enemy, and he is empowered to issue licenses to transmit out of the United States anything otherwise forbidden, if not inconsistent with law, or to refuse licenses for the same. General authority is conferred upon him to adopt measures and administrative procedure and use such agencies as may be deemed necessary by him for the purpose of such executive administration.
A Censorship Board for the censoring of communications of every description to and from the United States is established by this order,
1 Printed in the Supplement of this JOURNAL, January, 1918, p. 59.
composed of representatives of the Secretary of War, the Secretary of the Navy, the Postmaster General, the War Trade Board, and the Chairman of the Committee on Public Information.
The Federal Trade Commission is vested by this order with authority to issue licenses under terms and conditions not inconsistent with law, or to refuse the same, to any citizen of the United States or corporation organized in the United States to procure letters patent or trade-marks or copyrights in the country of an enemy or ally of enemy, and also to issue or refuse licenses to American citizens or corporations to use articles covered by enemy-owned patents, trade-marks or copyrights during the present war, upon regulated terms to be prescribed by this Commission. It is further vested with the power to order that an invention be kept secret and the grant of letters patent be withheld until the end of the war, whenever in its opinion the publication or granting thereof would be detrimental to the public interest.
The Postmaster General is vested with the executive administration of the provisions of the Act relating to the "printing, publishing or circulation in any foreign language of any news item, editorial, or other printed matter, respecting the Government of the United States or of any nation engaged in the present war, its policies, international relations, the state or conduct of the war or any matter relating thereto, and the filing with the Postmaster at the place of publication, in the form of an affidavit, of a true and complete translation of the entire article containing such matter proposed to be published in such print, newspaper or publication, and the issuance of permits for the printing, publication and distribution thereof free from said restriction." He is also "authorized and empowered to issue such permits upon such terms and conditions as are not inconsistent with law and to refuse, withhold, or revoke the same.”
The Secretary of State is vested with the executive administration of the provisions of the Act relative to "any person transporting or attempting to transport any subject or citizen of an enemy or ally of enemy nation, and relative to transporting or attempting to transport by any owner, master, or other person in charge of a vessel of American registry, from any place to any other place, such subject or citizen of an enemy or enemy ally.” And he is also authorized and empowered "to issue licenses for such transportation of enemies and enemy allies or to withhold or refuse the same."
The Secretary of Commerce is vested with the power to supervise
the execution of the provisions of the Act relating to the clearance of any vessel, domestic or foreign, for which clearance is required by law.
The powers and duties of the Alien Property Custodian under this Act were the subject of an editorial comment in the last number of this JOURNAL, and a reëxamination of them here would, therefore, be superfluous. It may be convenient to note, however, that he is vested by this order with all the authority conferred upon the President by the Act, including the authority “to require the conveyance, transfer, assignment, delivery or payment to himself, at such time and in such manner as he shall prescribe, of any money or other properties owing to or belonging to or held for, by or on account of, or on behalf of, or for the benefit of any enemy or ally of an enemy, not holding a license granted under the provisions of the Trading-with-the-Enemy Act, which, after investigation, said Alien Property Custodian shall determine is so owing or so belongs, or is so held.”
Attention is also called to the novel and important feature of this Act requiring that all money and quick assets belonging to enemy owners be paid over to the Alien Property Custodian and invested by him in United States bonds, to be turned over to the enemy owners or otherwise disposed of at the end of the war as Congress shall direct. This method of financing the war by the temporary conscription of enemy property has deservedly been the subject of much favorable comment.
CHANDLER P. ANDERSON.
In the course of an address before the Sorbonne, delivered on March 1, 1918, M. Pichon, French Minister for Foreign Affairs, referred to the cession of Alsace-Lorraine and contrasted the reasons for such cession as given by the Imperial German Chancellor, Count von Hertling, and His Majesty William I, King of Prussia and first German Emperor.
M. Pichon is thus reported by the London Times of March 2, 1918:
None of the acts of violence thought of by a conqueror lacking in scruples to force himself upon a subjected population has succeeded in transforming French souls into German souls, or has made the descendants of those whose memory we honor today repudiate the long past of glory, of devotion, and of sacrifice which
unites them for all time to the country of their choice. The attachment of AlsaceLorraine to France has roots other than those given by the representatives of Prussia and the House of Hohenzollern. If we are to listen to the German Chan-cellor, they are "purely German countries” which had been stolen from the legitimate owners by an oppression which continued for centuries until the day when the French Revolution took what was lacking from the previous theft. What an astonishing way in which to write history. It might stupefy us if it did not come from the successor of the man who falsified the Ems dispatch, and from the head of a government which, adding insult to a breach of faith, has been cynical enough to denounce Belgium for having brought about the invasion of her territory by a hostile plot against those who violated her neutrality. It is not we but the King of Prussia himself who undertook, in declarations made at the moment when he was criminally seizing our two provinces, to justify the pretension by which he is represented as having desired to do nothing but regain German territory by incorporating Alsace and Lorraine by right of conquest in his Empire.
Here is a document which proves to the hilt what I say. It is a letter which has already partly been made public. The Empress Eugenie, to whom it was addressed, has recently had the delicate thought of transmitting the original of that letter to our national archives. It was sent to her from Versailles on October 26, 1870, by the grandfather of William II. I quote from it:
“After having made immense sacrifices for her defense, Germany wishes to be certain that the next war will find her better prepared to throw back the attack which she may expect as soon as France has remade her strength and acquired allies. It is this sorrowful motive alone (cette triste considération) and not the desire to aggrandize a country and territory which is big enough, which forces me to insist upon territorial cessions which have no other object but that of pushing farther back the starting point of the French Armies which will come to attack us in future."
That is clear enough, and can anyone better sweep away the legend which Count Hertling endeavors to get believed, according to which the annexation of Alsace-Lorraine had as its origin in the mind of those who carried it out the desire to gain back for Germany German territory which had been taken from them by France? ...
Gentlemen, the case is judged, and it is in vain that those who caused the war endeavor to avoid the tribunal of the people and the judgment of posterity by falsifications and omissions in documents which will be recorded by history. While the tragic debates of Bordeaux, whose anniversary we commemorate today, were proceeding a group of members of the National Assembly, of whom M. Clemenceau today is the sole survivor, said in an address to the representatives of the annexed Departments: “Whatever happens, you will remain our countrymen and our brothers, and the Republic promises you an eternal vindication.” This pledge in the course of time has acquired a universal character which its authors can not have foreseen. It is not only France which says to Alsace and Lorraine, “You will come back to your country.” It is the whole of the great Coalition which has been formed to bar the road to the disturbers of the world's peace and to establish upon justice an international organization; it is the voice of the Old and of the New World, of the East and of the West, an avenging, prophetic voice heard