William O. Douglas

Name: Zschernig v. Miller — Opinion of the Court
Author: William O. Douglas

Zschernig v. Miller — Opinion of the Court

Summary

“Zschernig v. Miller — Opinion of the Court”, is a work by William O. Douglas. It explores elements such as the United States, Oregon and statute.

Quotes from Zschernig v. Miller — Opinion of the Court (William O. Douglas)

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ In a California case, involving a reciprocity provision, the United States made the following representation:
'the operation and effect of the statute is inextricably enmeshed in international affairs and matters of foreign policy. The statute does not work disinheritance of, or affect ownership of property in California by, any group or class, but on the contrary operates in fields exclusively for, and preempted by, the United States; namely, the control of the international transmission of property, funds, and credits, and the capture of enemy property. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ As already noted [3] one of the conditions of inheritance under the Oregon statute requires 'proof that such foreign heirs, distributees, devisees or legatees may receive the benefit, use or control of money or property from estates of persons dying in this state without confiscation, in whole or in part, by the governments of such foreign countries,' the burden being on the nonresident alien to establish that fact. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ The statute as construed seems to make unavoidable judicial criticism of nations established on a more authoritarian basis than our own.
It seems inescapable that the type of probate law that Oregon enforces affects international relations in a persistent and subtle way. The practice of state courts in withholding remittances to legatees residing in Communist countries or in preventing them from assigning them is notorious. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ The right of an alien not residing within the United States or its territories to take either real or personal property or the proceeds thereof in this state by succession or testamentary disposition, upon the same terms and conditions as inhabitants and citizens of the United States, is dependent in each case:
' (a) Upon the existence of a reciprocal right upon the part of citizens of the United States to take real and personal property and the proceeds thereof upon the same terms and conditions as inhabitants and citizens of the country of which such alien is an inhabitant or citizen ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ We not only believe in the inevitable destruction of
capitalism, but also are doing everything for this to be accomplished by way of the class struggle, and as soon as possible.'
'Hence, in affirming this decision the writer is knowingly contributing financial and to a Communist monolithic satellite, fanatically dedicated to the abolishing of the freedom and liberty of the citizens of this nation. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ Otherwise, wages and other monetary rewards faithfully earned under a free enterprise democratic system could be used by Communist forces which are committed to the very destruction of that free enterprising world of democracy.' Belemecich's Estate, 411 Pa. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ But it took pains to observe that in 1941 Russia 'moved in and overwhelmed it (Estonia) with its military might. At the same time the Soviet hastily and cruelly deported about 60,000 of its people to Russia and Siberia and, in addition, exterminated many of its elderly residents. This policy of destroying or decimating families and rendering normal economic life chaotic continued long afterward.' Id., at 467, 353 P.2d, at 534.
' (A) ny effort to communicate with persons in Estonia exposes such persons to possible death or exile to Siberia. ”

[↩︎]

Source: Wikisource

William O. Douglas, Zschernig v. Miller — Opinion of the Court

“ This provision came into Oregon's law in 1951. Prior to that time the rights of aliens under the Oregon statute were defined in general terms of reciprocity, [4] similar to the California Act which we had before us in Clark v. ”

William O. Douglas

Summary

Quotes from Zschernig v. Miller — Opinion of the Court (William O. Douglas)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature