as Amicus, Addendum). P. 29(d) and Eleventh Circuit Rule 29-2, the attached amicus brief was prepared using WordPerfect 9 and contains 4,820 words of proportionally spaced type. 1959) case opinion from the U.S. Court of Appeals for the District of Columbia Circuit Request Permissions, Published By: Duke University School of Law. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." 130 U.S. at pages 599-600, 9 S. Ct. at page 627, 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. 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. The Court held that the state regulations regarding tanker design, equipment, reporting, and operating requirements were preempted by federal statute and regulations.Id. "Id.at 194. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. 45,584, 45,600 (1991). An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. 0000008252 00000 n
United States Court of Appeals,District of Columbia Circuit. APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. 290, 302, 44 L.Ed. 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. United States v. Rogers, 45 U.S. (4 How.) 1870, dated July 21, 1943, 8 Fed.Reg. 5652, 5670, T.I. 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. Title III covers, inter alia, "public accommodations," which are defined by a list of type of facilities whose operations "affect commerce." The only significance these recommendations have to this case is to reinforce the role of individual nations, not international treaties, to regulate accessibility. 62 Stat. 95 0 obj DSS filed a brief with this Court affirm-ing that it did not participate in the proceedings below and is not a party to this appeal. <>stream
The owner sought compensation from the United States, asserting that customary international law prohibits the seizure of boats engaged in coastal fishing. 44 Stat. At all material times the appellant, Albert Tag, was a German national residing in Germany. 0000008357 00000 n
Br., App. Albert Karl TAG, Appellant,
5499, 40 Stat. At all material times the appellant, Albert Tag, was a German national residing in Germany. endobj 11975; and Vesting Order No. .5i^Bg@jTt(PrP3Ds&O$$sgpqlL?G'i.y9tL85:nt7u"? The 1952 Bonn Convention, among other things, provided that the Federal Republic of Germany thereafter would raise no objections against measures taken or to be taken with regard to property 'seized for the purpose of reparation or restitution, or as a result of the state of war * * *. 40 Stat. 664 United States Court of Appeals for the District of Columbia Circuit February 4, 1959, Argued ; May 21, 1959, Decided FACTS: The validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act were concerned. 431. In determining whether the patent laws should apply to the ship's master, the Court noted that the authority under which Congress enacted the patent laws provides that Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.Ibid. at 103. Atty., Dept. 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. See IMO Maritime Safety Committee Cir. Our own court adopted this dictum as part of its holding in Tag v. Rogers. Further, any differences between guidelines for new construction and alteration of passenger vessels that may be adopted in the future and the IMO accessibility guidelines for passenger vessels do not constitute a conflict between application of the ADA and SOLAS. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. 2000) (rejecting vagueness challenge to Title III's "barrier removal" provision);Pinnockv. Get Rogers v. Miles Laboratories, Inc., 802 P.2d 1346 (1991), Washington Supreme Court, case facts, key issues, and holdings and reasonings online today. 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S. Ct. 293, 65 L. Ed. startxref There is a further material consideration. This contention is without merit. 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. R.R. 574 (S.D. Unlike the patent laws involved in Brown, Congress enacted the ADA pursuant to its authority under the Commerce Clause. The Court's assessment of the domestic effect of international law, however, was qualified by the statement: "[W]here there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages * * * of nations."Ibid. 0000000016 00000 n
It confers no power on Congress to regulate commerce, or the vehicles of commerce, which belong to a foreign nation, and occasionally visit our ports in their commercial pursuits. (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. 604; White v. Mechanics Securities Corp., 269 U.S. 283, 300, 46 S.Ct. 'It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. 411, 50 U.S.C.App. (4)In the former category, UNCLOS provides that "coastal State[s] may [not] adopt laws and regulations * * * relating to innocent passage" that apply "to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards." Appendix, 2, 50 U.S.C.App. If the treaty operates by its own force, and relates to a subject within the power of Congress, it can be deemed in that particular only the equivalent of a legislative act, to be repealed or modified at the pleasure of Congress. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 5652, 5670, T.I.A.S. Should Stevens prevail, the district court should not order any remedy that would directly conflict with any existing treaty provisions. The issue is thus presented whether subsequent Acts of Congress shall be recognized in our federal courts rather than earlier conflicting provisions of a treaty. In his initial appeal, we affirmed his convictions but reversed his death sentences and remanded for resentencing. 1980) 12, Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. 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. institutions through teaching, research, and other forms of public service. L. & Com. Under subpoena, petitioner appeared before a federal grand jury and testified without objection that she had been Treasurer of the Communist Party of Denver, had been in possession of its records, and had turned them over to another . E.The ADA's "Barrier Removal" Provision Is Not Vague. 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. 85 Id. 294(a), 40 Stat. '13 It provided also that German nationals thereafter would not assert claims of any description against the allies or their nationals arising out of actions taken or authorized by such allies because of the existence of a state of war in Europe. (1)Stevens alleged that Premier violated the ADA by charging her a higher fare for an accessiblecabin and by failing to remove architectural barriers to accessibility. 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. No. In either case the last expression of the sovereign will must control." Subscribers are able to see a list of all the cited cases and legislation of a document. 1068.12. Make your practice more effective and efficient with Casetexts legal research suite. 39, 50 U.S.C.A.Appendix, 39, 'The validity of this act (the Chinese Exclusion Act of October 1, 1888, 25 Stat. This results from the nature and fundamental principles of our government. 0000007343 00000 n
55 Stat. Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. Br. D.Application Of The ADA Does Not, A Priori, Conflict With The Principle Of Reciprocity. 2, 50 U.S. 1400, 1400-1407 (1995). 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. 5499, 40 Stat. 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. Get free summaries of new D.C. The treaties were of no greater legal obligation than the act of Congress. It provided also that German nationals thereafter would not assert claims of any description against the allies or their nationals arising out of actions taken or authorized by such allies because of the existence of a state of war in Europe. <]/Prev 140973>> 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. "The validity of this act [the Chinese Exclusion Act of October 1, 1888, 25 Stat. 32, 50 U.S.C.A.Appendix, 32, 50 U.S.C.App.(Supp. Box 66078Washington, DC 20035-6078(202) 514-6441. 1246, 50 U.S.C.App. It made no distinction between property acquired before or after the beginning of the war. Rogers was recovering from sunstroke and suffered from convulsions which his doctor attributed to the noise from the bell. There is a further material consideration. Facilities embraced within broad definitions are just as clearly covered by the ADA as those that are mentioned by name. State v. Rogers , 313 Or. 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S.Ct. There is no constitutional prohibition against confiscation of enemy properties. It made no distinction between property acquired before or after the beginning of the war. There is similarly no legal basis for concluding that the existence of such standards, much less the possibility that such standards could be developed in the future, warrants the conclusion that the barrier removal provisions of the ADA should not apply to foreign-flag cruise ships doing business in U.S. ports. (7)As Congress directed the Department of Justice to issue regulations to implement Title III, see 42 U.S.C. 1959), cert. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." 1, 5, 71 L.Ed. Brief Fact Summary. 7 U.S.T. If the treaty operates by its own force, and relates to a subject within the power of Congress, it can be deemed in that particular only the equivalent of a legislative act, to be repealed or modified at the pleasure of Congress. <> 97 0 obj The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. On June 22, 2000, this Court reversed the district court's dismissal of Stevens' complaint. Voting and Election Resourceswww.vote.gov. 340 U.S. 367. 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. 2000). 0000002749 00000 n
A .gov website belongs to an official government organization in the United States. CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. SeeUnited States v.Western Pac. 55 Stat. 3425, Official Gazette of the Allied High Commission for Germany, No. Matter of Extradition of Demjanjuk, Misc. denied, 393 U.S. 1094 (1969) 7, Benz v. Compania Naviera Hidalgo, S.A., 353 U.S. 138 (1957) 4-5, 7, Botosan v. Paul McNally Realty, 216 F.3d 827 (9th Cir. United States Court of Appeals (District of Columbia), Mr. BURTON, retired, and WILBUR K. MILLER and FAHY, Circuit. Stevens filed a timely notice of appeal. 227. ][d\Z 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. In 1923 a Treaty between the United States and Germany was entered into. 36 Fed. Its mission is to prepare students for responsible and productive lives in the However, customary international law also recognizes the authority of a port state to regulate ships entering its ports for commercial purposes. Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. (Emphasis supplied.) The inexperienced teller mistook the date on the check as the amount payable to Rogers. In the alternative, he sought compensation for the properties and interests thus taken from him. C.Application Of The ADA Does Not Violate The Primary Jurisdiction Doctrine. 2132. 2. <> The "principle of reciprocity" provides that "certification of a vessel by the government of its own flag nation warrants that the ship has complied with international standards, and vessels with those certificates may enter ports of signatory nations. 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. Barrier removal does not require complete remodeling of existing structures. 383 (March 10, 1983) 6. Tag's appeal is from those orders. Brown v. United States, 8 Cranch 110, 122, 3 L. Ed. 2132, as amended, 49 Stat. (2)Stevens' complaint seeks injunctive relief enjoining Premier from further violations of the ADA and ordering Premier to modify the vessel to remove barriers to accessibility. (5)By contrast,UNCLOS respects the authority of States to regulate ships within its ports, as it defines innocent passage to exclude entering of ports or internal waters for commercial purposes. Amendments emphasize the Government's right of seizure and confiscation. Committee of U.S. Citizens Living in Nicaragua v. Reagan, No. 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. 3303 are satisfied, the Coast Guard will continue to accept a valid certificate of inspection from the ship's flag State. In January 2007, Michael Turner appeared in Oconee County, S.C., Family Court because he was behind in his child support obligation. * * *. You also get a useful overview of how the case was received. Tag v Rogers, 267 F.d. Br. at 104. SeeMcCullochv.Sociedad Nacional de Marineros de Honduras, 372 U.S. 10, 21 (1963). of Justice, were on the brief, for appellees. ALBERT TAG V. WILLIAM P. ROGERS1 THIS CASE arose out of the assertion of legal rights claimed under a treaty that became operative in 1925,2 to which the United States was one of the enacting parties. express this 21stday of September to the following counsel of record: Thomas R. Julin Kenneth ColemanD. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. 10837, amended August 20, 1943, 8 Fed.Reg. 1980) (courts "obligated to give effect to an unambiguous exercise by Congress of its jurisdiction to prescribe even if such an exercise would exceed the limitations imposed by international law").As such, even if this Court were to hold that application of the ADA to a foreign-flag cruise ship accepting passengers at U.S. ports presentsas perseconflict with customary international law, the ADA preempts any conflicting customary international law principles. SeeCommittee of United States Citizens Living In Nicar. 18(1), 21 I.L.M. 193, 90 L.Ed. (U.S. Br. Charles R. Vergamini, 2615 Staunton Jasper Road S, Washington C.H., Ohio, tinted windows, court costs $145, case dismissed with prejudice upon court costs being paid. The Court did not address whether the "principle of reciprocity" had any legal significance in the proceeding. 3593. Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S.Ct. 0000003485 00000 n
trailer UNCLOS Art. 2000a-3(a). On the contrary, he attacked the validity of the provisions of the Act pursuant to which the seizures were made. 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. 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. 565, 572 (1998). 1959) (upholding seizure of property by the Attorney General during World War II, pursuant to the Trading With the Enemy Act, despite customary . 0000001582 00000 n
1068. 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. 13730, dated August 25, 1949, 14 Fed.Reg. 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. It was a war measure deriving its authority from the war powers of Congress and of the President. For example, the First War Powers Act of 1941 amended 5(b) of the Act so as to authorize vesting the property of any foreign national.10 The War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals.11. See also The Chinese Exclusion Case (Chae Chan Ping v. U.S.), 1889, 130 U.S. 581, 599-600, 9 S.Ct. 735, "Guidelines for the Design and Operation of New Passenger Ships to Respond to Elderly and Disabled Persons' Needs" 14, Jaffe,Primary Jurisdiction,77 Harv. These statements point the way to the answer in the present case. He asked the court to enjoin Rogers and Townsend from denying his claims to the vested funds. Id. Stevens' claim that Premier violated the ADA when it charged her a higher fare for an accessible cabin, which implicates neither the physical structure of the vessel nor the internal affairs of the ship, is an independent cause of action worthy of being adjudicated. Head Money Cases, (Edye v. Robertson), 1884, 112 U.S. 580, 597, 599, 5 S.Ct. Tag's appeal is from those orders. Argued Feb. 4, 1959.Decided May 21, 1959.Petition for Rehearing En Banc Denied June 12, 1959. 165. Defendant was handcuffed, placed in a patrol car and taken to the robbery squad in Mineola. 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. At all material times the appellant, Albert Tag, was a German national residing in Germany. The United States has adopted the principle originally established by European nations -- namely that the aboriginal tribes of Indians in North America are not regarded as the owners of the territories which they respectively occupied. Rogers v. Richmond - Case Briefs - 1960 Rogers v. Richmond PETITIONER:Rogers RESPONDENT:Richmond LOCATION:Circuit Court of Montgomery County DOCKET NO. There is a further material consideration. UNCLOS defines innocent passage as either "traversing [the territorial] sea without entering internal waters * * * or proceeding to or from internal waters * * *." Background . 40 Stat. 0000001267 00000 n
"R.__" refers to the district court docket number of the record on appeal. See 28 C.F.R. The ADA's regulations give 21 examples of steps facilities can take to remove barriers. Mr. Charles Bragman, Washington, D.C., for appellant. Amendments emphasize the Government's right of seizure and confiscation. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. In 1956 the Director of that office dismissed the claim on the ground that Tag, being an enemy within the meaning of 2 of the Act,4 was not entitled to the return of the vested property or interests under 32 of the Act.5 Moreover, the time within which to seek a review6 of the Director's dismissal of Tag's claim had expired before Tag filed either a claim or a suit to recover the property. 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. Premier raised the argument that applying Title III to foreign-flag cruise ships would violate SOLAS and the 1958 Convention on the High Seas for the first time on appeal. Germany further guaranteed in the Bonn Convention that it would compensate the former owners of property so seized.15 The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany.16 This reaffirmed the provisions of the Bonn Convention and added to them further agreement of complete co-operation. Provided the conditions set forth in 46 U.S.C. The district court may look to the ADA regulations for land-based facilities or the PVAAC recommendations - both of which establish standards for new construction and alteration - for guidance in fashioning appropriate relief should Stevens prevail. DSS Opp. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. Petition for Rehearing En Banc Denied June 12, 1959. Mr. Charles Bragman, Washington, D. C., for appellant. 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 there 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. No. It did not provide for the reimbursement of enemy owners for their property when thus confiscated. 103 0 obj He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. 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. A statute is vague not when it prohibits conduct according "to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all. Marineros de Honduras, 372 U.S. 10, 21 ( 1963 ) v. )... There Is no constitutional prohibition against confiscation of enemy owners for their property when thus confiscated Rogers. Was a war measure deriving its authority under the commerce Clause vagueness challenge Title. 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