The opinion of the court was delivered by: KALODNER
Acting on the contention that the vessel "Antoinetta" (documented under the laws of the Government of Italy and Italian-owned) had been sabotaged while in the territorial waters of the United States, and further that the vessel had been used as a place of resort by persons conspiring to commit offenses against the United States, the United States of America on July 14, 1941, filed its libel seeking to declare the forfeiture of the "Antoinetta".
On September 29, 1941, the vessel was requisitioned for the United States Maritime Commission, under the Act of June 6, 1941.
On October 8, 1941, this Court, acting on the petition of the United States of America, entered its order directing delivery of the "Antoinetta" by the United States Marshal to the United States Maritime Commission.
On July 29, 1942, Leo T. Crowley, Alien Property Custodian of the United States,
filed his petition setting forth:
(1) That following the declaration of a state of war between the United States of America and the Government of Italy
the claimant became and continues to be an enemy, as defined in Sec. 2 of the Trading With The Enemy Act of October 6, 1917, 50 U.S.C.A.Appendix § 2;
(2) That on July 22, 1942, the Alien Property Custodian, by a certain vesting order No. 52 (7 Fed.Reg. 5738) had demanded and seized and declared vested in himself all right, title, and interest, if any, of claimant in the vessel, to be held, used, etc., or otherwise dealt with, in the interest of and for the benefit of the United States; and
(3) That by virtue of the foregoing there has been effected a complete substitution of the petition for the claimant in respect of the claimant's rights, if any he had.
Accordingly, the petition of the Custodian prayed that an order be entered by this Court, substituting the custodian as a party to the forfeiture action in place of the claimant, and further that the claimant be adjudged without any right in the vessel and that all claims, pleadings, motions or exceptions filed by the claimant be dismissed as to the claimant but without prejudice to the petitioner, and that such rights as the claimant may have had prior to the vesting order be vested in the custodian, and all his claims, pleadings, etc., be ordered to stand for the benefit of the petitioner.
On September 19, 1942, the claimant filed an answer to the petition of the Custodian, denying no material allegations and admitting that the claimant was an enemy alien. On the same date the claimant filed notice of
(1) Motion to dismiss the petition of the Alien Property Custodian; and
(2) Motion to dismiss the original libel of the United States of America.
In addition, the claimant asks that the trial of the matter set forth in the libel for forfeiture be stayed until the end of the war between the belligerent countries.
The issues presented by the petition of the Alien Property Custodian, and the motion of the claimant to dismiss, are virtually identical with those ruled upon in The Pietro ...