Joseph McKenna

“ Here as there, Wesche's interest is asserted in the property, here by himself, there by the Trust Company. Here, as there, the conditions of suit were asserted not to have been performed; here, perhaps with more emphasis, as there, the unconstitutionality of the act is argued; here, as there, it is urged that these contentions constituted defenses that could be made in the suit, and that relief was not only through the 'filing of a claim and instituting proceedings as provided by section 9 of the Trading with the Enemy Act' (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/2 e) . ”

“ Argued: April 10, 1923. --- Decided: April 23, 1923
This case was argued and submitted with No. 575, Commercial Trust Co. of New Jersey v. Thomas W. Miller, as Alien Property Custodian, 262 U.S. 51, 43 Sup. ”