Briddle

The defendants stand indicted for “holding” or possessing gold bullion in violation of 12 U.S.C. § 95a; Executive Order No. 6260, as amended; and 31 U.S.C. § 442 . The provisions of 31 U.S.C. § 442 deal only with civil penalties, and so are immaterial to the criminal charge.

Sections 95a(l) and (3) of Title 12 of the United States Code, insofar as here relevant, provide that:

Executive Order No. 6260, issued August 28, 1933 [12 U.S.C.A. § 95a, note], provides in relevant part:

Defendants have moved to dismiss the indictment as not alleging a public offense, upon the ground that the 1933 Executive Order was of no legal effect on May 29, 1962 — the date of the asserted offense — because the national emergency upon which the Order was predicated had long since passed.

In order to understand fully the defendants’ contentions, it is necessary to review at some length the history of Executive Order No. 6260 and the statute [12 U.S.C. § 95a] which serves as the source of legal authority for that Executive Order.

On Octobér 6, 1917, to aid prosecution of World War I, the Congress enacted the Trading with the Enemy Act of 1917. [ 40 Stat. 411 .] Section 5(b) of that Act then…