The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-02-16

general confscstion act. declaring the
people 1.-THE Southern states In re-
bsiiion and that they were public
enemies. and that their property
might be seized and connscated with
out right OF recovery. The question
was. whether the rights OF loyal
owner. under the act of 1852. could
be respected in view OF the general
Iconnscstion act The court In that
lease held that the two ACTS could not
De construed In pari mAteria. As q
basis of its opinions. the court said
THE two acts cannot be construed
In pari msteria. The one Ii penal.
the other remedial; the one claims q
right. the other comedies q privi-
lege."
In, Maxwell v. Moore. % How. 1856,
one an act Of 1882. granting certain
bounty lands to soldiers q Stats 1881.
which prohibited exchanging the land
granted before the issue OF the pat,
emit; and another. the act of 1925 a
StatA 1907, with certain amendments
running down to 1910, allowing a sol
der to exchange his land and enter
upon . like quantity elsewhere In
the same district 1t was contended
<hat the prohibition of the former act
was imported into the subsequent leg
islation on the ground that the acts
were In pari msteria, but the court
held otherwise.
CD TIE Jesst resolution lies In the
aeia Of inter.stisnaI relations, where
~ the EoerHeney Shiv0tnG Aot has t.
- with matters psrefy domestic.
Such being the case. the reasons
are obvious why Congress should en-
power the President to dispose of YES
sells acquired under the purely domes.
tic legislation. but should content It.
self with retaining to itself the pow
or Of disposition 30 far a. enemy
property seized under these circum-
stances was concerned, awaiting the
time when, either during or after the
war. IL should formulate q general
policy with respect to enemy property.
| seized or captured. Section 2 of the
joint resolution clearly indicates the
view Of Congress that these vessels
would be subject to subsequent or
postbellum Congressional considera-
ton.
(3) TIE Jsf.t resslutisa II special
BeGfslatien' having t. d with . special
and limited class Of property, whereas
the emergency singing act IL leGisla-
lien general In character, having to
d, aAenG other things, with the gen
| eral disposition Of domestic ships.
The joint resolution. by reason of
Its very form, Is Significant OF it's spe-
cial character. That such Is it's char
| acter Is obvious upon the slightest
| consideration.
A test OF q special law is in ap-
propriateness of its provisions and
the objects that II excludes. 1t IL not,
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