John Marshall Harlan II

“ Section 7 (c) of the Trading with the Enemy Act embraces that form of judicial relief as well as others. Additionally, the Declaratory Judgments Act is not an independent source of federal jurisdiction, Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 879, 94 L.Ed. 1194; the availability of such relief presupposes the existence of a judicially remediable right. No such right exists here.
We conclude that the Court of Appeals correctly held that the District Court lacked jurisdiction over this action, and that its judgment must be affirmed. ”

“ As a German national and resident, petitioner is concededly an 'enemy' under the statute.↑ At the same time, however, Congress enacted other provisions relating to judicial remedies, § 33, 50 U.S.C.A.Appendix, § 33 providing a statute of limitations on the commencement of suits under § 9, and § 34, 50 U.S.C.A.Appendix, § 34 providing for judicial review of administrative determinations on debt claims allowable out of vested property (60 Stat. 925) . ”

“ Beyond that, we think the congressional decision to spell out in some detail certain limitations on the power it was conferring on the Executive was not designed to bestow rights on claimants, arising out of an assertedly too-narrow reading by the Executive of the discretionary power given him. Rather we consider the specifications of paragraphs (1) through (4) as designed to provide guides for the Executive, thereby lessening the administrative burden of decision. ”

“ Notes
↑ § 32 (a) (1) : 'That the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States) , or successor in interest by inheritance, devise, bequest, or operation of law, of such owner * * *.'↑ § 32 (a) (2) disqualifies: (A) the Governments of Germany, Japan, Bulgaria, Hungary and Rumania ”

“ Anti-Nazis and non-Nazis do not constitute a political group.' (Citing past administrative decisions.) ↑ Section 9 (a) authorizes ' (a) ny person not an enemy or ally of enemy' (defined in § 2 of the Act, 50 U.S.C.A.Appendix, § 2 as supplemented by the First War Powers Act, 1941, 55 Stat. 838) to sue in equity for the return of vested property in which he claims an interest, either in the District Court for the District of Columbia or in the District Court of the district in which the claimant resides. ”

“ The original version of what ultimately became § 32 did contain a provision for judicial relief comparable to that in § 9 (c) , not applicable, however, to property of enemy national-residents, as well as a 'sole relief and remedy' provision comparable to that in § 7 (c) -H.R. 4840, § 32 (b) , (c) , in Hearings before Subcommittee No. ”