McPike

This appeal is from a decree dismissing, on appellee’s motion, a bill of complaint filed by appellant, a corporation engaged in the mining and production of gold in the Northern District of California, to enjoin appellee, the United States Attorney for said District, from prosecuting appellant criminally for violating an order issued by the President on August 28, 1933 (No. 6260, 12 USCA § 95 note), under section 5 (b) of the Act of October 6, 1917, as amended by section 2 of the Act of March 9, 1933, c. 1, 48 Stat. 1 , 12 USCA § 95a, or for violating an order issued by the Acting Secretary of the Treasury on December 28, 1933, under section 11 (n) of the Federal Reserve Act, as amended by section 3 of the Act of March 9, 1933, 48 Stat. 2 , 12 USCA 248 (n). Sections 5 (b)’ and 11 (n), as amended, read as follows:

The President’s order of August 28, 1933, declared a national emergency and provided that, within fifteen days from that date every person in possession of or owning gold coin, gold bullion, or gold certificates, with exceptions not pertinent here, should make, under oath, and file with the Collector of Internal Revenue a return to the Secretary of the Treasury…