"This bill does not in any way impair the right of freedom of speech, or of a free press, or other constitutional rights. On the other hand, this measure does provide that an alien and American citizens who accept foreign political propaganda employment, shall register;

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"We believe that the spotlight of pitiless publicity will serve as a deterrent to the spread of pernicious propaganda. We feel that our people are entitled to know the sources of any such efforts, and the person or persons or agencies carrying on such work in the United States.

The passage of this bill will force propaganda agents representing foreign agencies to come out in the open' in their activities, or to subject themselves to the penalties provided in said bill.”

It seems well settled that if a person outside of the United States uses the United States mails for the purpose of committing an act which if committed by him while in the United States would constitute a violation of a criminal statute of the United States he thereby renders himself liable to the penalties of such statute. In Re Palliser, 136 U. S. 257; Strassheim v. Daily, 221 U. S. 280; Horwitz v. United States, 63 F. (2d) 706. If, therefore, the mail matter involved is of such a character that its dissemination within the United States by an agent of a foreign principal acting within the United States would fall within the purview of the act of June 8, 1938, as amended, it follows that its dissemination here by such an agent acting outside the United States but using the United States mails to affect the dissemination, without first having filed with the Secretary of State the "registration statement" required by section 2 of said act, would constitute a violation of the penal provisions of the act, rendering the agent liable to the penalties therein prescribed.

Also, it is believed that in such circumstances the act of such agent in so mailing the matter-thus using matter under his control as a means of violating the penal provisions of the act of June 8, 1938, as amended-would constitute a violation of section 22 of title XI of the act of June 15, 1917, and

A

that, therefore, section 1 of title XII of the latter act would authorize you to exclude the matter from the mails. contrary ruling would permit agents of foreign principals who had not registered as such to disseminate their propaganda in this country through the mails, thereby defeating the purpose of the 1938 act.

Accordingly, if you find that the mail matter involved is of such a character that distributors of it in this country would be subject to the provisions of the act of June 8, 1938, as amended, and you further find that the foreign mailers of the matter have not complied with section 2 of that act by registering as foreign agents with the State Department, you will be authorized, in my opinion, under section 1 of title XII of the act of June 15, 1917, to exclude the matter from the United States mails.

Respectfully,

ROBERT H. JACKSON.

NEUTRALITY ACT-PURCHASE OF CANADIAN GOVERNMENT BONDS BY AMERICAN CITIZEN RESIDING IN CANADA Section 7 (a) of the Neutrality Act of 1939 does not prohibit an American citizen residing in Canada from purchasing Canadian war-saving certificates and Canadian war-loan bonds.

The SECRETARY OF STATE.

DECEMBER 16, 1940.

MY DEAR MR. SECRETARY: Reference is made to the letter of November 16 from the Assistant Secretary of State and to your letter of December 6, requesting my views whether section 7 (a) of the Neutrality Act of 1939 prohibits an American citizen (an individual), regularly residing in Canada, from buying with his Canadian income Canadian warsavings certificates and Canadian war-loan bonds.

The pertinent provisions of the Neutrality Act of 1939 (c. 2, 54 Stat. 4, approved November 4, 1939), are as follows: "SECTION 1. (a) That whenever the President, or the Congress by concurrent resolution, shall find that there exists a state of war between foreign states, and that it is necessary to promote the security or preserve the peace of the United

States, or to protect the lives of citizens of the United States, the President shall issue a proclamation naming the states involved

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"SEC. 7. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any state named in such proclamation

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Pursuant to the authority contained in section 1 (a) above, the President issued a proclamation on November 4, 1939 (superseding the proclamation dated September 10, 1939), proclaiming a state of war between Canada and Germany (4 F. R. 4493).

The words "any person within the United States," as used in section 7 (a) of the Neutrality Act, are to be taken in their ordinary sense, there being nothing in the statute as a whole or in its history to indicate a contrary intention. As you have pointed out, the provision is not directed to citizens of the United States but to "any person within the United States." The provision does not purport to apply to persons outside the United States and therefore I have no doubt that, as you and your legal adviser have concluded, the provision is not applicable to a case of the character here in question.

Respectfully,

ROBERT H. JACKSON

OPINIONS PUBLISHED OUT OF ORDER1

DELEGATION OF CERTAIN POWERS AND DUTIES TO THE ASSISTANT SECRETARIES OF COMMERCE

The Secretary of Commerce is just as much chargeable with responsibility in connection with a duty imposed upon his Department as in connection with a duty imposed upon him. The Congress knows that the Secretary cannot personally perform all such duties and its enactments must be read in the light of such knowledge, with intention, nevertheless, that the duties are to be performed.

The Secretary may properly delegate to the Assistant Secretaries of Commerce all or any part of the duties and authority vested in him or in his Department by the statutes and Executive order mentioned, in accordance with the principles and subject to the practical considerations stated in the opinion.

The SECRETARY OF COMMERCE.

OCTOBER 14, 1933.

SIR: I have the honor to comply with your request of September 21 for my opinion concerning your authority to delegate to the Assistant Secretaries of Commerce the powers and duties imposed upon you or upon your Department by the statutory provisions indicated in the following paragraphs of your letter.

"Acts of June 19, 1886, as amended (U. S. C., title 46, sec. 320); June 9, 1910, as amended (U. S. C., title 46, sec. 518); R. S. 5294, as amended (U. S. C., title 18, sec. 642); act of June 26, 1884, U. S. C., title 18, sec. 643); act of March 3, 1897 (U. S. C., title 33, sec. 364); act of June 7, 1918 (U. S. C., title 46, sec. 288); R. S. 4146, as amended (U. S. C., title 46, sec. 23); and act of January 16, 1895, as amended (U. S. C., title 46, sec. 108); authorizing the Secretary of Commerce to remit or mitigate fines, penalties, or forfeitures, provided for by laws relating to vessels.

"Act of June 14, 1906 (U. S. C., title 48, secs. 243–244); act of June 26, 1906 (U. S. C., title 48, secs, 230-242); and

1 Released too late for inclusion in regular order.

the act of June 6, 1924 (U. S. C., title 48, secs, 221–228); authorizing the Secretary of Commerce to set apart and reserve fishing areas in the waters of Alaska, establish closed seasons therein, fix size of fishing apparatus, limit catch of fish, and make rules and regulations to carry into effect the provisions of such laws. * *

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"Sections 14 to 30 of the Shipping Act of 1916, as amended (U. S. C., title 46, secs. 813-831), regarding rebates, fighting ships, retaliations, unfair contracts, agreements of common carriers, prescribing rates, fares, classifications, etc., investigations, discriminations by foreign goods, subpenaing witnesses, etc., and the Intercoastal Shipping Act of 1933, amending the aforesaid Shipping Act of 1916 (47 Stat. 1425) providing that the Shipping Board shall prescribe, by regulations, the form and manner in which schedules of rates, fares, and charges required by the act shall be published, and authorizing the Board to reject any schedule not in consonance with the regulations, etc.

"Section 2 (c) of the Merchant Marine Act of 1920 (title 46, sec. 862), authorizing the settlement of claims; also section 35 of the same act (U. S. C., title 46, sec. 886), providing that the Board may delegate authority under the act to the Emergency Fleet Corporation.

"Section 201 of the Merchant Marine Act of 1928 (U. S. C., title 46, sec. 891 (a)), providing that the Board shall not sell any vessel or any line of vessels except when in its judgment the building up and maintenance of an adequate merchant marine can be best served thereby, and then only upon the affirmative vote of five members of the Board duly recorded."

Some of these provisions must be read in connection with the act of February 14, 1903 (U. S. C., title 5, sec. 600) transferring to and vesting in the Secretary of Commerce certain duties theretofore performed by the Secretary of the Treasury. Others are affected by the Executive order of June 10, 1933, which, among other things, abolished the United States Shipping Board and transferred its functions to the Department of Commerce.

The statutes, generally, authorize and require "the Secretary of Commerce" to do the things therein enumerated,