Oliver Wendell Holmes, Jr.

“ These provisions explain the initial words of section 7 (c) as saving the ultimate rights of the claimant while the determination of the President still may be given effect to carry out an immediate seizure for the security of the Government until the final decision upon the right. The reservation implies that mistakes may be made and assumes that the transfer will take place whether right or wrong. ”

“ The occasion of the duty is a demand after a determination by the President and it is hard to give much meaning to the words 'which the President after investigation shall determine is so * * * held' unless the determination and demand call the duty into being. The condition 'after investigation' additionally points to the intent to make his act decisive upon the point, as it is in other cases mentioned in section 7 (a) . But it is said that the subject of the section is enemy property only and therefore that the determination cannot be final in its effect. ”

“ Strictly possessory actions still survive in the laws of some States and have been upheld, leaving the party claiming title to a subsequent suit. Grant Timber & Manufacturing Co. v. Gray, 236 U.S. 133, 35 Sup. Ct. 279, 59 L. Ed. 501. There can be no doubt that Congress has power to provide for an immediate seizure in war times of property supposed to belong to the enemy, as it could provide for an attachment or distraint, if adequate provision is made for a return in case of mistake. As it can authorize a seizure in pais it can authorize one through the help of a Court. ”