The Act as passed in 1917 authorized the President, in time of war, to seize and confiscate enemy property found within the territories of the United States.7 It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. 44 Stat. Decided May 21, 1959. See especially: "Article IV. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. There is no power in this Court to declare null and void a statute adopted by Congress or a declaration included in a treaty merely on the ground that such provision violates a principle of international law. We, accordingly, have made the same assumption. 1993) 18-19, Port of Boston Marine Terminal Ass'n v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970) 16, Ricci v. Chicago Mercantile Exchange, 409 U.S. 289 (1973) 16, Saint-Gobain-Pont-a-Mousson, 636 F.2d 1300 (D.C. Cir. 293, 65 L.Ed. Appellant contends that the Treaty precludes the adoption of amendatory legislation by Congress, at least insofar as such legislation would authorize the seizure and confiscation by the United States of property of its enemies who, as individuals, had acquired the property before World War II in reliance upon treaty provisions entered into before the war. of Justice, were on the brief, for appellees. 2000) (rejecting vagueness challenge to Title III's "barrier removal" provision);Pinnockv. It was a war measure deriving its authority from the war powers of Congress and of the President. At all material times the appellant, Albert Tag, was a German national residing in Germany. 623, 32 L.Ed. 839, 50 U.S.C.App. The Department of Justice has concluded that cruise ships are covered entities under the ADA as public accommodations. Premier erroneously cites Brown v. Duchesne, 60 U.S. 183 (1856), for the proposition that Congress lacks authority to enact legislation that would regulate the physical structure of a foreign-flag ship (Premier's Supp. In his initial appeal, we affirmed his convictions but reversed his death sentences and remanded for resentencing. 0000006640 00000 n The court applied the presumption against extraterritoriality set forth in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), because the cruise ship is owned by a foreign company and sails under a foreign-flag (R. 11 at 3-4). "Brown,60 U.S. at 195. United States Court of Appeals District of Columbia Circuit. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. 29, 1958, Art. Melissa D. Conway, Cleveland, Ohio, 92/70 speed, fine $110, court costs $130, case was waived by defendant. 0000000016 00000 n 504), as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. 275." 56 Fed. 1068. Further, the fact that a ship sails under a foreign-flag or is registered in a foreign country does not, in the absence of a clear source of law to the contrary, exempt it from generally applicable laws of the countries in which it does business. (7)As Congress directed the Department of Justice to issue regulations to implement Title III, see 42 U.S.C. as Amicus at 10). He asked also for the return, with interest, of whatever monies had been vested. Rogers, 45 U.S. 4 How. 383 (Mar. Make your practice more effective and efficient with Casetexts legal research suite. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." Rep. 431. However, customary international law also supports regulation by the United States of foreign-flag ships entering its ports for commercial purposes. ADA Title III Technical Assistance Manual: Section III-1.2000(D) (1994 Supp.) 12181-12189, against Premier Cruises, Inc., the owner and operator of a cruise ship in connection with a cruise she took on Premier's vessel in May 1998 (R. We, accordingly, have made the same assumption. It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. 55 Stat. 1988) (rejecting argument that continued funding by Congress of "Contras" in Nicaragua in violation of an International Court of Justice judgment violated customary international law principle that nations must obey the rulings of an international court); Tag v. Rogers, 267 F.2d 664, 666 (D.C. Cir. This authority is "domestic in its character, and necessarily confined within the limits of the United States. The Supreme Court has explained that economic regulation is subject to a less strict test "because its subject matter is often more narrow, and because businesses, which face economic demands to plan behavior carefully, can be expected to consult relevant legislation in advance of action." Get Cline v. Rogers, 87 F.3d 176 (1996), United States Court of Appeals for the Sixth Circuit, case facts, key issues, and holdings and reasonings online today. 86 NATO SOFA, supra note 3, art. Brickell Bayview Centre, Suite 1920Washington, DC 20037 80 Southwest 8thStreetMiami, Florida 33130, Lauri Waldman Ross, P.A.Two Datran Center, Suite 16129130 S. Dadeland Blvd.Miami, Florida 33156, Timothy Ross Jennifer L. AugspurgerJeffery Maltzman Augspurger & Associates, P.A.Kaye, Rose & Maltzman, LLP 7301 W. Palmetto Park Rd..One Biscayne Tower-Suite 2300 Suite 101 A2 South Biscayne Blvd. 623, 32 L.Ed. As an initial matter, the relevance of customary international law and treaties to this case is necessarily limited to Stevens' allegations that Premier violated the ADA by failing to remove architectural barriers to accessibility. Title III Technical Assistance Manual III-1.2000(D) (1994 Supp.) The fundamental rationale underlying the vagueness doctrine is that due process requires a statute to give adequate notice of its scope. 0000008931 00000 n Id. 20. 290, 304, 44 L.Ed. That law provided that the right, title and interest of German nationals in German external assets were extinguished as of the time of their vesting. In either case the last expression of the sovereign will must control." UNCLOS Art. Box 66078Washington, D.C. 20035-6078(202) 514-6441, I. Premier also claims that enforcing Title III against foreign-flag cruise ships that enter U.S. ports would be at odds with the principle of reciprocity (Premier's Supp. 504; Miller v. United States, 11 Wall. You already receive all suggested Justia Opinion Summary Newsletters. Decided February 26, 1951. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. For example, the United Nations Convention on the Law of the Sea (UNCLOS), draws a distinction between the regulation of vessels in "innocent passage" through a State's territorial sea and vessels entering a State's internal waters. 55 Stat. James Rogers (defendant) went to the bank to cash a check that was payable in the amount of $97.92. Mr. Charles Bragman, Washington, D. C., for appellant. No. of New Orleans, Inc., 444 U.S. 232, 246 (1980) ("a complaint should not be dismissed unless 'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief'") (quotingConleyv.Gibson, 355 U.S. 41, 45-46 (1957)). And such is, in fact, the case in a declaration of war, which must be made by Congress, and which, when made, usually suspends or destroys existing treaties between the nations thus at war. 1980) 12, Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. 0000002010 00000 n Pres. 11975; and Vesting Order No. endobj 'Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases.' We, accordingly, have made the same assumption. L. & Com. 504], as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. See also id., 175 U.S. at pages 710-711, 20 S. Ct. at page 302. The ADA Overrides Principles Of Customary International Law 10, B. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. 18, 21 I.L.M. See IMO Maritime Safety Committee Cir. Request Permissions, Published By: Duke University School of Law. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. 2. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. Unlike the patent laws involved in Brown, Congress enacted the ADA pursuant to its authority under the Commerce Clause. 123 0 obj <<>> (Emphasis supplied.) Our own court adopted this dictum as part of its holding in Tag v. Rogers. legal profession. 50 U.S.C.App.(Supp. Brown v. United States, 8 Cranch 110, 122, 3 L. Ed. The application of Title III's "barrier removal" provisions to foreign-flag cruise ships seeking to provide services to people at U.S. ports is consistent with this principle and does not,a priori,conflict with any U.S. treaty obligations. However, as mentioned above, ADA regulations specifically advise courts that no relief should be ordered that would violate any international treaties. endobj initiatives addressing global and international issues. There is no power in this Court to declare null and void a statute adopted by Congress or a declaration included in a treaty merely on the ground that such provision violates a principle of international law. 3593. V), 33, 50 U.S.C.A.Appendix, 33, Markham v. Cabell, 1945, 326 U.S. 404, 413 et seq., 66 S.Ct. No. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. Appellant contends that the Treaty precludes the adoption of amendatory legislation by Congress, at least insofar as such legislation would authorize the seizure and confiscation by the United States of property of its enemies who, as individuals, had acquired the property before World War II in reliance upon treaty provisions entered into before the war. SeeBenzv.Compania Naviera Hidalgo, S.A.,353 U.S. 138, 142 (1957). Cal. The Court did not address whether the "principle of reciprocity" had any legal significance in the proceeding. 99 0 obj The War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals. 39, 50 U.S.C.A.Appendix, 39, 'The validity of this act (the Chinese Exclusion Act of October 1, 1888, 25 Stat. But the question is not involved in any doubt as to its proper solution. (U.S. Br. 8. 387, 389. DSS Opp. * * *. 8. law--just as they displaced prior inconsistent treaties. Contrary to Premier's assertion, under the primary jurisdiction doctrine, the absence of regulations establishing new construction or renovations standards for passenger vessels does not render the separate "barrier removal" provisions of Title III unenforceable with regard to such vessels nor does it warrant dismissal of Stevens' case until such regulations are adopted. '* * * If there be any difference in this regard, it would seem to be in favor of an act in which all three of the bodies (House of Representatives, Senate and the President) participate. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S. Ct. 1, 5, 71 L. Ed. its academic programs and professional schools together have attained an international Doc. 1993) (same). The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. United States District Courts. This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act.1 Their validity is attacked principally on the ground that they were issued in alleged violation of the 1923 Treaty of Friendship, Commerce and Consular Rights between the United States and Germany.2 For the reasons hereafter stated, we uphold the validity of the orders and the validity of those provisions of the Act, as amended, pursuant to which the orders were issued. 565, 572 (1998). You also get a useful overview of how the case was received. at 1243 n.8. +H1V{f{RS}M;C1wVF#!u][:-p*e$(RB5VIhs*bQ +OrQ>eLsL@8&!e1& Bpde2GWv? Only injunctive relief is available in a private action alleging a violation of Title III of the ADA. 1870, dated July 21, 1943, 8 Fed.Reg. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. * * * "Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases." 387, 267, Full title:Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and, Court:United States Court of Appeals, District of Columbia Circuit. 0000008252 00000 n 1980) 11, Grayned v. City of Rockford, 408 U.S. 104 (1972) 18, Mali v.Keeper of the Common Jail, 120 U.S. 1 (1887) 7, McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10 (1963) 4, 6, McLain v. Real Estate Bd. 2d 160 (1982) Brief Fact Summary. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 116, 70 L.Ed. Statement of the Case 2 I. Statutory Background of Child-Support . There is no constitutional prohibition against confiscation of enemy properties. Here the objection made is, that the act of 1888 impairs a right vested under the treaty of 1880, as a law of the United States, and the statutes of 1882 and of 1884 passed in execution of it. It made no distinction between property acquired before or after the beginning of the war. An official website of the United States government. It did not provide for the reimbursement of enemy owners for their property when thus confiscated. Application Of The ADA Does Not, As A Matter Of Law, Conflict With U.S. Treaty Obligations 12, C. Application of the ADA Does Not Violate The Primary Jurisdiction Doctrine 15, D. Application Of The ADA Does Not, As A Matter Of Law, Conflict With The Principle Of Reciprocity 16, E. The ADA's "Barrier Removal" Provision Is Not Vague 18, Armement Deppe, S.A. v. United States, 399 F.2d 794 (5th Cir. The only significance these recommendations have to this case is to reinforce the role of individual nations, not international treaties, to regulate accessibility. By the Constitution, laws made in pursuance thereof and treaties made under the authority of the United States are both declared to be the supreme law of the land, and no paramount authority is given to one over the other. Petition for Rehearing En Banc Denied June 12, 1959. "We are of opinion that, so far as the provisions in that act may be found to be in conflict with any treaty with a foreign nation, they must prevail in all the judicial courts of this country. On the contrary, he attacked the validity of the provisions of the Act pursuant to which the seizures were made. In 1943 and 1949 his rights to these respective funds were vested in the Attorney General of the United States, as successor to the Alien Property Custodian, in the manner prescribed by the Trading with the Enemy Act.3 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. endobj Should Stevens prevail, the district court should not order any remedy that would directly conflict with any existing treaty provisions. Tag v. Rogers, 267 F.2d 664, 666 (D.C. Cir. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. "* * * Congress was untrammeled and free to authorize the seizure, use or appropriation of such properties without any compensation to the owners. 36, App. It was a war measure deriving its authority from the war powers of Congress and of the President. Washington, DC 20035-6078 (202) 514-6441 CASE NO. 574 (S.D. There is no constitutional prohibition against confiscation of enemy properties. endobj Co., 352 U.S. 59, 63-64; Ricci v. Chicago Mercantile Exch., 409 U.S. 289, 291, 302 (1973);Port of Boston Marine Terminal Ass'n v.Rederiaktiebolaget Transatlantic,400 U.S. 62, 65, 68 (1970). If Congress adopts a policy that conflicts with the Constitution of the United States, Congress is then acting beyond its authority and the courts must declare the resulting statute to be null and void. 42 U.S.C. 10837, amended August 20, 1943, 8 Fed.Reg. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law.8 The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. "This rule of international law is one which prize courts, administering the law of nations, are bound to take judicial notice of, and to give effect to, in the absence of any treaty or other public act of their own government in relation to the matter." UNCLOS Art. XVI. 36.304(b). Rogers v. United States. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. <> Co., 230 U.S. 247, 266-267 (1913); Jaffe,Primary Jurisdiction, 77 Harv. Facts. Barrier removal does not require complete remodeling of existing structures. Miss Marbeth A. Miller, Atty., Dept. See "International Maritime Organization: What it is, What it does, How it works" at 22 (Premier Supp. (8) Specifically, Premier contends that applying the ADA to Premier would conflict with the International Convention for the Safety of Life at Sea (SOLAS)(Premier's Supp. Argued Feb. 4, 1959.Decided May 21, 1959.Petition for Rehearing En Banc Denied June 12, 1959. 5499. 1 (b) 8, International Maritime Organization, "International Maritime Organization: What it is, What it does, How it works" 15, International Maritime Organization, Maritime Safety Committee Cir. D.Application Of The ADA Does Not, A Priori, Conflict With The Principle Of Reciprocity. 294(a), 40 Stat. 1). These statements point the way to the answer in the present case. 39, 50 U.S.C.A.Appendix, 39. 165, "* * * Congress was untrammeled and free to authorize the seizure, use or appropriation of such properties without any compensation to the owners. 616, 620-621, 20 L. Ed. at 104. 44 Stat. Chapter 6, Article 5, of the Bonn Convention. The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. This contention is without merit. * * * A difficulty may sometimes arise, in determining whether a particular law applies to the citizen of a foreign country, and intended to subject him to its provisions. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law. Official websites use .gov of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. 2, 50 U.S.Appendix, 2, 50 U.S.C.App. In the alternative, he sought compensation for the properties and interests thus taken from him. Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as law the latest expression of policy made by the constitutionally authorized policy-making authority. Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S.Ct. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. 411, 50 U.S.C.App. 839, 50 U.S.C.App. 1968), cert. 10837, amended August 20, 1943, 8 Fed.Reg. Oil Co., 499 U.S. 244 (1991) 2, Federal Trade Comm'n v. Compagnie de Saint-Gobain-Pont-a-Mousson, 636 F.2d 1300 (D.C. Cir. of Justice, were on the brief, for appellees. Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S. Ct. 290, 44 L. Ed. at page 302. Although Duke University is young by comparison to other major American universities, During her stay she is entitled to the protection of the laws of that place and correlatively is bound to yield obedience to them. 4. 40 Stat. 227. Convention on the Settlement of Matters Arising out of the War and the Occupation (Bonn Convention), May 26, 1952 (as amended by Schedule IV to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954), 6 U.S.T. SeeBragdon v. Abbott, 524 U.S. 624, 646 (1998). Appellant contends, however, that there is now a practice amounting to an authoritative declaration of international law forbidding the seizure or confiscation of the property of enemy nationals during time of war, at least in the case of property acquired by the enemy national before the war and in reliance upon international agreements between the nations concerned. The IMO, an organization established by the United Nations which sponsors the SOLAS conferences, has adopted accessibility guidelines related to the design and operation of new passenger ships. <]/Prev 140973>> VLEX uses login cookies to provide you with a better browsing experience. SeeMcLainv.Real Estate Bd. "The validity of this act [the Chinese Exclusion Act of October 1, 1888, 25 Stat. Despite being asked, Elliott refused to cease ringing the bell and Rogers sued for the damage that the noise was . Cash a check that was payable in the proceeding inconsistent treaties Germany of friendship commerce... Premier Cruises, Inc., 215 F.3d 1237 ( 11th Cir ) 12, 1959 Priori conflict!, how it works '' at 22 ( Premier Supp. that the noise.... It made no distinction between property acquired before or after the beginning the. Wallace, 255 U.S. 239, 245, 41 S.Ct also in the alternative, tag v rogers case brief sought compensation for properties! 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