Every evening, Wilmington daily commercial., 1921-07-09
CUSTODIAN MILLER
TO CONTINUE FIGHT.
FOR ALIEN PROPERTY
Continued i from page i

rent. BY escaping punishment under
one law, he made himself liable TO
another. and the people responsible for
the enforcement OF the Trading with
the Enemy act would prove themselves
derelict of duty If they did not seize
his property"
Directed by President.
Colonel Miller explained issysdoll's
status by saying; AN enemy under
the Trading with the Enemy act is
one who is residing In Germany or
Austria during the state OF war and
who is not protected by war trade
beard license"
Colonel Miller explained that the
ST izure Of the Bergdoll property was
done with the opinion of the Attor-
ney General" and "at the personal
direction OF the President" He has
made L clear that, although his ac-
ton in this case was criticized by
Senator Knox, an ex-Attorney General
o, the United States. he will stand
firm.
There is in the possession of the
Alien Property Custodian at this time
approximately s40O, ,oo0. 900 worth of
fihifttANs any EttNtNAASf ~ -
divided as follows: That owned by
Germans, sSlS, 600; by Austrians
and Hungarians. s30,o0o,o0o: intern
ed aliens, S5.0oo.00o; Americans who
married Germans. s30,0000o0; and
other Americans who married other
enemy aliens. S30.O00.000.
Among the Americans who welded
Germans is Countess Bernstorff, wife
of former Ambassador Bernstorff.
Colonel Miller holds property valued
at about 81 900 600 for Countess Bern
storm. who is native of America.
A District Of Columbia Court has
ordered him to turn the property over
TO Countess Bernstorff, but under the
law. he has a right to appeal from the
decision, and he has not yet made up
his mind what he viii do.
Congress Must Take Action.
The $50 OOO. 600 worth of property
owned by Americans who married
enemy aliens can be returned TO its
rightful owners without additional
legislation. but certain legal steps
make the task slow and tedious one.
Ii cannot he done in hurry, and part
of the criticism heaped upon the Gus
todian comes because of due regard
for legal process. The return Of this
property was provided for in amend
ments to the trading with the enemy
act in 1920 and 1921.
The $685. 600 belonging TO Ger
mans and the $S0,O0O.ooO to Austrians
and Iungarians and $5,0oO,Oo0 10
alien enemies who were interned and
whose property was seized, cannot be
turned back until Congress enacts
legislation providing for it.
1t was explained az the office Of the
Alien Property Custodian today that
the adoption Of the peace resolution.
and the proclamation Of the Presi-
dent would not in any way affect the
present status of the property now
held.
Representative Towner, of Iowa,
said the law covering this property
stands until il is changed.
1T is expected" said he, that here
after this Government viii take furth
er action about this property, either
by that law or by a treaty which viii
have the force and effect OF law. 1t
occurs to me there can be no COM
plication in regard 70 the matter, be-
cause in effect all Of this is to hold
the property in statu quo
The peace resolution simply states
that the property is to be held in statu
quo. Much OF the German, Austrian
and Hungarian property held is in
securities, which AT this time are very
low on the market.
A coterie Of Congressman are pre-
pairing TO make trouble for the alien
property custodian. This fact was
indicated during the debate on the
peace resolution, when Representative
Cooper, of Wisconsin, wanted i made
clear that nothing in that legislation
would affect or make valid or con-
firm or seek 10 maintain any sale by
any alien property custodian" MIR
Cooper opposed the war on Germany,
as prosecuted by the United States,
al.i is now welding a fight TO see that
the Germans get back every bit Of
their property seized by the Govern
ment.
Colonel Miller has asked Congress
to ratify ''an fines. forfeitures. pen
alties, seizures and sales imposed or
IldGS bs Tie GhAtSN CS0tcS-
This, Cooper and others Of Mid
die Western group, stoutly opposed.
This whole question will have TO b
threshed out by Congress when legis-
lation 10 dispose of the property is
taken up. It is understood that Col
onel Miller will give his views on the
subject before the Foreign Affairs
Committee of the House at an early
date. and he viii not soften his words
in dealing with those who would seem
to sickle over German rights.