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may by treaty be deprived of property rights against foreign nations__ CIVIL

216

government and military authority, relation of involved in martial law_.

143, 145

CIVIL WAR

claim that people of the South during, were not ordinary alien enemies_ confiscation acts, precedent for in the Revolutionary War____ expropriation during_

919

901

917-945

legislation, forfeiture under, though owner innocent-

453

CIVILIAN

Conservation Corps, claims for death or injury caused by members of__

680

CIVILIANS

application of articles of war to..

515n

CLAIMS

against United States held by Confederate sympathizers extinguished by legislation--

492

on government for war damage caused by operation of enemy‒‒‒‒‒‒ 684-688 CLEVELAND

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jurisdiction of prizes brought into territorial waters of.
territorial waters of, jurisdiction of district courts of the United States
extended to prizes brought into--

642

753n

COLLUSION

to preclude, forfeiture is operative even against innocent owner____ 451-452

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of industrial plants, extent of property interest taken in_. of large industries avoided in 1917-18_

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Ten, whether human authority can repeal substance of‒‒‒‒‒ COMMENTATORS

228n

works of, as source materials for industrial law.

100

COMMERCIAL

property owned by another State subject to acquisition by the United States__.

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COMMON LAW

did not require jury trial in condemnation proceedings_

international law is part of---

In text to
Footnote
273

96

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by telegraph and telephone, censorship by President Wilson_-_-
COMPENSATION

74

bearing on right of, capture before or after military occupation__ 738–740
bearing of rules of Basic Field Manual on.

claim for, based on military orders__.

719n
718-721

for car service irrespective of ownership under Interstate Commerce
Act..

614

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for requisitioning under Mineral Control Act of 1917-18, how determin-
able

967

for requisitions required under international law__.

481-483

for retained aircraft designs recoverable in Court of Claims__-

564

for seizure of industrial plants under National Defense Act----
for seizure of private debts in absence of confiscating legislation_
for seizure or destruction of submarine cables__

569

491

484

for taking of property for war purposes, when required_.
for temporary occupancy usually is rental value__

794

877n

for vessels requisitioned under Emergency Shipping Fund Act of
1917_

962-963

in eminent domain transfers burden from individual owner to the pub-
lic------

167

is required under eminent domain__.

695, 727

is required under the law of nations, when..

705, 728

just, required for taking of lands above highwater mark or under-
lying nonnavigable waters__

469

just, to be paid for requisitioned space for War Department__

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must be actually paid, for title to vest in condemnor in ordinary con-
demnation proceedings.

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reasonably certain and adequate provision for, to be made before
possession can be taken in condemnation proceedings__

262

recoverable in Court of Claims for use of unpublished invention, when_ 655
required under eminent domain.

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In text to

COMPETITIVE BIDS_

for supples for the Government_-__-

statutory exceptions to requirements for‒‒‒‒‒‒

CONDEMNATION

absence or insufficiency of appropriation may prevent taking by-
authority for, included in authority to purchase_---

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at expense of donor, under River and Harbor legislation____
by prize court, effect of reversal of__

548n

436

by state or territory for benefit of United States__

508n

by the United States, though intended for use of private plant engaged
in war production, authorized_.

580

choice of as method of acquisition_

886, 889, 890

delays in development can be avoided by, under Declaration of Taking
Act

415

delays in development avoidable under Second War Powers Act_
donation or exchange for air corps stations, in lieu of
Federal, usually applicable in territories and possessions_-_
how far Federal, is applicable in the Philippines___

590

545

526

525-527

in prize court as passing property interest in captured prize_.
is a proceeding in rem....

435

414

judgment gives condemnor options of taking at amount awarded or

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of personalty used with land under Second War Powers Act_.

486

of property under Second War Powers Act_.

375

proceedings, due process in__.

proceedings, Attorney General authorized to make stipulation for ex-

232, 237

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proceedings, may not be taken in, till reasonably certain and adequate
provision for just compensation is made__

proceedings, seventh amendment does not require jury trial in.

protects United States against flaws in title__

262

274

413

413

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title does not vest in condemnor in ordinary, till compensation is ac-
tually paid....

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acts during the Civil War, precedents for in the Revolutionary War---
acts during the Civil War__

as broad policy, unlikely by the United States__

901

920

502

avoidance of, by accounting for property when peace is restored_.
bearing on right of, capture before or after military occupation as--
by military commander in occupied territory not justified if contraven-
ing applicable congressional legislation_.

318

738

815

by United States in enemy territory, when requires statute__
due process of law required under general broad condemnation statute_
during War of 1812.

750-751

227

during War with Spain____

909, 913
946, 950

nonfeasibility and inexpediency of, as means of financing a war‒‒‒‒‒‒ 794n
not to be applied to public debts owed to alien enemies..
of alien enemy property under international law_--

487

772-774, 777

of alien enemy property within the United States, power of------ 775-776

In text to

Footnote

CONFISCATION-Continued.

of alien enemy property within the United States, desirability of 779-780
of debts during the Revolutionary War__-.
of debts requires legislative authority---.

502n

490

of enemy property within the United States must be justified by
statute__.

783

of enemy goods on board neutral merchant ships, unless contraband,
forbidden

344

of neutral goods on board enemy merchant ships, unless contraband,
forbidden__.

344

of neutral vessels for carrying contraband_.

of neutral vessels placed under enemy control__

797-798
501n

of private debts owing to enemy creditors, reasons strong against_
of enemy property within the United States permission under Con-
stitution___

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of property during Mexican War_

of property during the Revolutionary War___

of property, discussions of whether intended under Trading with the
Enemy Act of 1917-18___

of property of domestic enemies within the United States_.

of property within the first nonintercourse act_.

rule against, is inapplicable to exercise of police power.
rule against, is inapplicable to taxing power---
United States has legal power of, in enemy territory.
whether right of taking gives right of_--
whether, under Trading with the Enemy Act_.

CONFORMITY

to internationally recognized standards of conduct, bearing of ex-
ecutive discretion on__.

to state practice in condemnation under the War Purposes Act‒‒‒‒‒
how far required under general condemnation statute_

CONGRESS

891, 895
540
504-505

act of may in terms be limited to cases when not infringing treaty-- 205a
action of limiting President's otherwise independent constitutional
war power---.
42-46

915, 916

896, 908

961

788n

910

336

321

320

749

722-736

493-496, 607-610

application to, in case of government immunity from suit____ 822n, 823, 825
authorization or ratification of required for Federal eminent domain 155-156
can displace international law as rule in domestic courts____
can't abolish international sanctions of law of nations___
cannot in practice carry into effect war statutes it enacts_.
constitutional limitations on power of.

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power of, to authorize taking of a term at the will of the occupying
condemnor___

878n

power of, to make rules respecting property of the United States---
power of, to promote and improve navigation paramount over owner's
property interest in lands underlying navigable waters____
ratification of President's exercise of war power by-

457

471-478

40-41

ratification by, of President Lincoln's Acts_.

66

special application to, for redress of military damage_
War Power of

674

6-10, 842, 846

violation of treaty by, is infraction of law of nations_.

205

CONGRESSIONAL

attitude toward confiscation of alien enemy property has varied..
authorization or ratification required for interagency transfers.
legislation, if applicable, controlling over confiscation orders of mili-
tary commander in occupied territory--.

legislation paramount over inconsistent Presidential regulations___

785

458

815

521n

CONGRESSIONAL Continued.

policy to pay for property requisitioned__

statute for condemnation in the District of Columbia_

statute for defensive sea areas.

statute for Presidential government of Tutuila, Manua, and Samoa__
statutes may require payment of compensation---

statutes on requisitions..

statute prevails over treaty or international law, as rule for application
in domestic courts__.

statute required for exercise of eminent domain in the territories____
CONSCIENCE

public, dictates of, as part of residuary principle_-_-

CONSENT

of sovereign to suit under Tucker Act----

of State to exclusive jurisdiction in United States___

CONSEQUENTAL

damages for violation of international law.
damages not covered by fifth amendment_.

damages not included in compensation on requisitioning by Maritime
Commission___

CONSERVATION

of Naval Petroleum Act for___.

CONSTITUTION

and treaties, the supreme law of the land

bearing of on taking by the United States, abroad, under authority

In text to
Footnote

766

537

538-539

535

717

419, 422, 423

714-716, 731, 732

522

358

362

368, 374

360

792, 793

649

552

199

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powers under, only limitation on Federal eminent domain__.

219

122

243

follows the flag, the extent to which___.

of the United States recognizes international law___

prohibition against taxes on exports in, no bar to export control under
war power_.

813n

168

225-279

92

198

126

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activities of the United States, power of eminent domain available for_
authority for war power_--

152

6

authority of President to determine use of public domain__

465n

authority, not wisdom of legislative policy is judicially reviewable_- 831, 840
limitations__.

225, 279

limitations on power of Congress--

13

power of President as authority for exchange of property.

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of Indemnity Act upheld except when in conflict with Seventh Amend-
ment__

of statute upheld, irrespective of its wisdom.

of statutes, in passing on, court determines only whether legislature
had the power-

of statutes or orders presents judicial question--
of Tennessee Valley Authority Act upheld__

934, 935

247

252

830

554n

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