of another. "As
regards aliens who are now our enemies, it may be that the British
Empire may adopt the policy that a special stigma ought to be attached
to the German, and that neither as an individual nor as a firm, nor
as a corporation, ought he, for a time at any rate, to be admitted to
commercial fellowship or to any fellowship with the civilised nations
of the world." It need not be said that any attempt to apply this
stigma in practice would be extremely difficult to carry out, would
involve all kinds of difficulties and complications in trade and in
finance, and that the threat of it is more likely than anything else
to stiffen the resistance of the Germans and to force them to rely on
their militarist leaders as their only hope of salvation. However,
the Committee points out that recent legislation shows a desire to
ascertain and record the extent to which aliens are active in
commerce here, and thinks it necessary to make provision to meet the
requirements of the Government in case our rulers should decide to
impose the restrictions which its own common-sense shows it are so
undesirable.
If, it says, foreign capital is to be attracted here, it must be
represented either by shares or by debentures. "The question,
therefore, is whether restrictions ought to be imposed upon the extent
to which the control of the company shall be allowed to reside in
aliens, either by reason of their holding a majority of the shares, or
of the debentures, or by reason of their obtaining a majority upon
the Board of Directors; and, if so, how disclosure of their alien
character is to be enforced." It goes on to point out the great
difficulties which present themselves in the way of securing
disclosure of nationality and ensuring that aliens shall not command
the control. "The law of trusts," it says, "is firmly established in
this country. If A, be the registered holder of a share, he is not
necessarily the beneficial owner. He may be a trustee for B. To enact
that the registered holder must be a British subject effects nothing,
for B. may be an alien and an enemy. Suppose, however, that you enact
that A., when his share is allotted or transferred to him, shall make
a declaration that he holds in his own right, or that he holds in
trust for B., and that both A. and B. are British subjects. There is
nothing to prevent the creation of a new trust the next day, under
which C., an alien enemy, will be the person beneficially entitled
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