Opinion · Supreme Court of the United States
Markham v. Cabell
66 S. Ct. 193
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1946-01-14
- Topic
- general
holding that words should be given their natural and ordinary meaning | stating that a law will not be strictly read if such reading “results in the emasculation or deletion of a provision which a less literal reading would preserve.” | opining that “it is one of the surest indexes of a mature and developed jurisprudence ... to remember that statutes always have some purpose or object to accomplish, whose sympathetic and imaginative discovery is the surest guide to their meaning.” | “The policy as well as the letter of the law is a guide to decision.” | “0ne guiding principle is that the interpretation of a statute may not cause an absurd result.” | quoted in Watt v. Alaska, 451 U.S. 259, 266 n. 9, 101 S.Ct. 1673, 1678 n. 9, 68 L.Ed.2d 80 (1981) | “[T]he normal assumption is that where Congress amends only one section of a law, leaving another untouched, the two were designed to function as parts of an integrated whole.” | quoted in James Parreco & Son v. District of Columbia Rental Hous. Comm’n, 567 A.2d 43, 46 (D.C.1989) | quoted in Watt v. Alaska, 451 U.S. 259, 266 n. 9, 101 S.Ct. 1673, 1678 n. 9, 68 L.Ed.2d 80 (1981) | L. Hand, J.: “ . . . it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary . . .” | "The policy as well as the letter of the law is a guide to decision . . . to ameliorate . . . (the law's) seeming harshness or to qualify its apparent absolutes . . . ." | “The policy as well as the letter of the law is a guide to decision ... to ameliorate . [the law’s] seeming harshness or to qualify its apparent absolutes . . . .” | “statutes always have some purpose or object to accomplish" | “[T]he normal assumption is that where Congress amends only one section of a law, leaving another untouched, the two were designed to function as parts of an integrated whole ... [and each should be given] as full a play as possible.”
Citator
- Cited by
- 231 opinions
delivered the opinion of the Court.
Respondent, an American citizen, brought this suit against the Alien Property Custodian and the Treasurer of the United States to recover from the assets of the Assicurazioni Generali di Trieste e Venezia, an Italian
If § 9 (e) is applicable here, the suit may not be maintained since the debt was not in existence on October 6,
In the first place, § 9 (e) disallows recovery “to any person who is a citizen or subject of any nation which was associated with the United States in the prosecution of the war, unless such nation in like case extends reciprocal rights to citizens of the United States.” When it is recalled that § 9 (e) was first added to the Act in 1920, it seems tolerably clear that the words “was associated with the United States in the prosecution of the war” refer to World War I. The use not only of the past tense but
The United States, however, contends that such a construction of § 9 (e) would gravely interfere with the efficient administration of alien property controls in accordance with policies adopted by Congress in relation to World War II. It points out that by virtue of amendments to § 5 (b) of the Trading with the Enemy Act which were made on December 18, 1941 by the First War Powers Act (55 Stat. 839, 50 U. S. C. App,, Supp. IV, § 616), the Executive is now armed with far more comprehensive power over alien property and the property of other foreign interests than in World War I. Now there is the “freezing” or “blocking” of foreign funds aimed at the immobilization of foreign assets in the United States by prohibiting,
We have concluded that however meritorious these considerations are, they raise questions of policy for Congress. We are concerned only with the right to sue on a debt under § 9. Congress granted that right to some claimants and withheld it from others. Whether its choice was wise or not is not for us to say. The right to sue, explicitly granted by § 9 (a), should not be read out of the law
It is true that § 5 (b) gave a broader grant of authority to the Executive than had existed under the original Act.5 As respects the seizure of property it provides:
It is said that the survival of the privilege of satisfying debt claims as a matter of right out of vested property is inconsistent with the new power granted the Executive by § 5 (b) to make any affirmative use of the property that the national interest in time of war might require. But we are here concerned solely with the right to sue on a debt, not with the right to sue to reclaim property nor with any question concerning the satisfaction of any judgment which may be obtained. We only hold that the right to sue on a debt granted by § 9 (a) has not been wholly withdrawn and that § 9 (e) is not applicable to this class of claims. We cannot see that the allowance of
Affirmed.
Mr. Justice Jackson took no part in the consideration or decision of this case.See Vesting Order 218, dated October 7, 1942, 7 Fed. Reg. 9466; Vesting Order 468, dated December 9, 1942, 8 Fed. Reg. 1038. For the establishment of the office of Alien Property Custodian and the definition of his functions as respects the vesting of alien property, see Executive Order 9193, dated July 6, 1942, 7 Fed. Reg. 5205, amending Executive Order 9095, dated March 11, 1942, 7 Fed. Reg. 1971.
As the Circuit Court of Appeals pointed out, that followed from several circumstances: (a) § 2 (c) defined “the beginning of the war” to mean “midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war”; (b) § 302 of the First War Powers Act, approved December 18, 1941 (55 Stat. 838,840) assumed that the Trading with the Enemy Act had not been in force before December 8, 1941, and that it went into effect again at that time; and (c) § 5 (b) of the Trading with the Enemy Act was amended December 18, 1941, by the First War Powers Act without any mention of the other parts of the earlier Act. 55 Stat. 839.
See H. Rep. No. 1089, 66th Cong., 2d Sess.; S. Rep. No. 273, 70th Cong., 1st Sess., p. 29; H. Rep. No. 17, 70th Cong., 1st Sess., p. 20. In S. Rep. No. 273, supra, it was stated: “Under the existing law a creditor of a person whose property was seized by the Alien Property Custodian may file a claim and institute proceedings for the payment of the debt, under certain conditions. Inasmuch as these claimants have had more than 10 years in which to file their claims, this provision is amended by subsection (b) of section 12 of the proposed bill so as to permit payment only where the claim was filed prior to the date of the enactment of the bill.”
This program, initiated by Executive Order 8389, dated April 10, 1940, 5 Fed. Reg. 1400, was ratified by Congress on May 7, 1940, by Joint Resolution. 54 Stat. 179.
As stated in H. Rep. No. 1507, 77th Cong., 1st Sess., pp. 2-3:
“Section 5 (b) of the Trading With the Enemy Act has been continued down to the present time. The existing system of foreign property control (commonly known as freezing control) is based on that subdivision as last amended on May 7, 1940. That subdivision of section 5 as it is now in effect, however, does not give the broad powers to take, administer, control, use, liquidate, etc., such foreign-owned property that would be given by section 301 of the bill.
“At present the Government exercises supervision over transactions in foreign property, either by prohibiting such transactions or by permitting them on condition and under license. It is, therefore, a system which can prevent transactions in foreign property prejudicial to the best interests of the United States, but it is not a system which can affirmatively compel the use and application of foreign property in those interests.
“Section 301 remedies that situation by adding to the existing freezing control, in substance, the powers contained in the Trading With the Enemy Act with respect to alien property, extending those powers, and adding a flexibility of control which experience under the original act and the recent experience under freezing control have demonstrated to be advisable. The provisions of section 301
And see S. Rep. No. 911, 77th Cong., 1st Sess., p. 2.
“If suit shall be so instituted, then such money or property shall be retained in the custody of the Alien Property Custodian, or in the Treasury of the United States, as provided in this Act, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by payment or conveyance, transfer, assignment, or delivery by the defendant, or by the Alien Property Custodian, or Treasurer of the United States on order of the court, or until final judgment or decree shall be entered against the claimant or suit otherwise terminated.”
Sec. 9 (a) allows suits by “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 or seized by him hereunder and held by him or by the Treasurer of the United States,” as well as suits by any such person to whom a debt may be owing from any enemy or ally of enemy whose property has been seized.
S. 1940, EL R. 4840 and H. R. 5031 were introduced in the 78th Congress. H. R. 1530 was introduced in the 79th Congress, January-16, 1945. See Hearings on H. R. 4840 before Subcommittee No. 1 of the Committee on the Judiciary of the House of Representatives, 78th Cong., 2d Sess., Serial No. 18, June 9-15, 1944.