D 570 .fl2 M25 Copy 1 D 570 .A2 M25 War Reprint, No. 7 Copy 1 Important Statutes and Executive Proclamations Issued in the United States from April, 19 1 7, to May, 1918 Compiled by ALBERT E. McKINLEY PHILADELPHIA McKINLEY PUBLISHING COMPANY 1 9 1 8 Price, 25 cents UNITED STATES STATUTES RELATING TO WAR CONDITIONS. H 5"U ■ A&/V Suggestions for the Use of the Materials The World War has led to an intense sharpening of interest among Americans in international rela- tions and world history. Races, countries, and poli- cies hitherto almost unknown to the great body of American citizens, have in a moment become of vital importance to all. And with this new importance has come a truly American desire to understand the significance of the new world movements. Hence, from the public generally, from students in schools and colleges, from teachers, lecturers, and conductors of classes in clubs and camps, has come the demand for information and interpretation. This pamphlet contains statutes and joint-resolu- tions of the Congress of the United States from April, 1917, to May, 1918. The aim has been to include those laws and parts of laws which show the manner in which the country has been legally reorganized to meet war conditions. It cannot be. hoped that the selection of statutes will be satisfactory to all, but the list has been made as inclusive as space limita- tions would permit. No attempt has been made to include all the laws on a given subject, but rather to pick out typical statutes, from which the reader or student can gain an idea of the vastly important leg- islation of the Sixty-fifth Congress. It has been im- possible, too, to print the full text of the longer statutes, some of which, like the Revenue Act of 1917, would occupy fifty of the large pages of the present work. The parts omitted have been indi- cated in the usual manner (. . .). The sections in- cluded are those which contain general principles of legislation ; qualifying clauses and sections have in some cases been cut out. Persons desiring to con- sult the statutes for legal reasons rather than for general information or historical facts should read the official text published in the " Statutes at Large " or the " slip-laws " of the United States. What has been said above concerning the laws, holds true also of the Executive Proclamations in this pamphlet. To save space the parts of proclama- tions which recite a statute or part of a statute have been omitted, as well as the usual form of subscription and seal by the President and Secretary. The United States statutes and proclamations show the means by which a peaceful nation reorgan- ized its military system, its trade and industries, and its finance in order to devote all its energies to win- ning the war. Such material is somewhat difficult to use in school and college classes unless the assign- ments of topics and questions are most carefully made by the instructor. Occasionally the briefer statutes may be assigned entire for close study and analysis ; but for the longer documents a more intensive method should be used. The following suggestions will illus- trate how these and the other statutes may be so as- signed to the class that the essential parts of the laws will not be overlooked by the careless reader. From the text of the Selective Draft Act (page 5) answer the following questions: What kinds of organizations and what numbers of each is the President authorized to raise by paragraphs 1-7 of Section 1 ? Which of these are to be raised by voluntary enlistment and which by selective draft? What persons are liable to the draft? How are the drafted persons apportioned among the States ? May a for- eigner be drafted? Contrast the bounty provision in Section 3 with the pol- icy pursued in the Civil War. Which is the more demo- cratic? Why? Can you give satisfactory reasons why each of the classes of persons mentioned in Section 4 should be exempt? Sketch the organization by which persons are registered for the draft, and the method by which exemptions are de- termined. What official persons may the President call upon for as- sistance in the draft? What penalties are imposed for re- fusal or neglect to perform such duty ? What powers are given to the President to safeguard the morals of the army? Compare the text of this Act with the proclamation of the President for the registration on June 5, 1917 (page 171). The following topics and problems are based upon the Act of August 10, 1917 (page 13), giving the President power to control food and fuel: Giv • in brief the purposes of the Act. What agencies may the President use to enforce the Act? What limitations concerning contracts are imposed upon these persons and agencies? Why are these imposed? What acts are made unlawful by Section 4? For what classes of acts may licenses be required under Section 5? What is the advantage of a license system? Who are exempt from the license system? Why so exempt? What punishment may be inflicted upon hoarders? What becomes of the articles hoarded? What powers does the President possess to seize and to sell necessaries? What control does he possess over the prices of neces- saries, especially wheat? What restriction does the Act impose upon the manufac- ture of di; 'Ailed liquors? Does this affect breweries? When shall the provisions of this Act cease to have effect? Outline the powers of the President over the fuel supply. State from your own knowledge or other sources how the food and fuel control has been exercised in your locality. A similar treatment of the other statutes and of the Executive Proclamations will bring out the sig- nificant parts of each document. Only by such means can a class be led to use with profit legal documents of this character. WAR REPRINTS. NO. 7. CONTENTS STATUTES OF THE UNITED STATES RELATING TO THE STATE OF WAR Ai'RiL 6, 1917, to May 20, 1918 PAGE PAGE Declaration of War with Germany, April (i. 1917 5 War Kisk Insurance Act, October li, 1917 26 Authorization of Taking Over of Enemy Vessels, May Trading with the Enemy Act, October 6, 1!U7 2S 12. 1917 5 Declaration of War with Austria-Hungary, Decem- Selective Draft Act, May is, 1917 5 ber 7, 1917 30 Espionage Act, •Tutu- 15, 1917 9 Act to Provide Housing for Fleet Workers, March Act to Punish Obstructing Transportation, and Estab- 1. 191S 30 tishing Priorities, August 10, 1917 13 Act to Protect the Civil Rights of Persons in the Mili- Act Authorizing Control of Food and Fuel, August tary and Naval Establishments, March S, 1918 31 10, 1917 13 Daylight Saving Law, March 19, 191S 32 Second Liberty Loan Act, September 24, 1917 IS Act to Authorize Control of Transportation Systems, Act Creating an Aircraft Board, October 1. 1917 19 March 21, 1918 32 War Revenue Act, 1 Ictober 3, 1917 19 War Finance Corporation Act, April 5, 1918 34 Act Permitting Foreign Vessels in Coastwise Trade, Resolution Changing Apportionment of Draft. May October 6, 1917 26 Hi. 1918 35 Act to Prevent the Publication of Certain Inventions, Resolution Extending Draft Provisions, May 20, 1918 . 36 .ictober 6, 1917 20 Overman Bill, May 20, 1918 36 EXECUTIVE PROCLAMATIONS AND ORDERS April 6, 1917, to April 10, 1918 page page Proclamation of State of War and of Alien Enemy Proclamation Announcing the Taking Over of Railroads, Regulations, April 6, 1917 . . 37 December 2C>, 1917 42 Proclamation Concerning Treason, April Hi, 1917 ...- 38 Proclamation Calling for Reduction of Consumption of Proclamation (ailing for Registration Under the Draft Wheat and Meat, January is, 1918 43 Proclamation Concerning Exports, February 14, 1918 .. 44 Proclamation Concerning (lie Panama < anal, Ma\ 23, Proclamation Directing tin' Taking Over of Dutch Ves- 1917 40 scls. March 20. 1918 44 Proclamation Restricting Exports of Coin. September Explanatory Statement Concerning the Same 45 7, 1917 40 ,, , ,, i. , T ■ ...... ,,,,- ,, Proclamation Concerning the National War Labor Proclamation • oncernmg rood Licenses, October S, 191, 41 Proclamation Relating to Second Liberty Loan, Octo- Board, April 8, 1918 45 ber 12, 1917 42 Priorities List for Supply of Fuel, April 10, 1918 .. 40 UNITED STATES STATUTES RELATING TO WAR CONDITIONS. Statutes of the United States Relating to the State of War April 6, 191 7, to May 20, 19 18 Declaration of War with Germany, April G, 1917. ' Whereas the Imperial German Government has committed repeated acts of war against the Government and the peo- ple of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Im- perial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United btates and the resources of the Government to carry on war against the Imperial German Government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Con- gress of the United States. Approved, April 6, 1917. Joint Resolution Authorizing the Taking Over of Enemy Vessels, May 12, 1917. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to take over to the United States the immediate possession and title of any vessel within the jurisdiction thereof, including the Canal Zone and all territories and insular possessions of the United States except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipalit} 7 thereof; and, through the United States Shipping Board, or any department or agency of the Government, to operate, lease, charter, and equip such vessel in any service of the United States, or in any commerce, foreign or coastwise. Sec. 2. That the Secretary of the Navy be, and he is hereby, authorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appurtenances, and all property contained there- in, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his department. These findings shall be considered as competent evidence in all proceedings on any claim for compensation. Approved. May 12, 1917. Selective Draft Act, May 18, 1917.- An Act to authorize the President to increase temporarily the Military Establishment of the United States. Be it enacted by the Senate and House of Representatives i For the President's proclamations concerning the state of war, responsibilities of aliens, and treasonable acts, see pages 37-3S. - For the President's proclamation setting June 5, 1917, as registration day. see p. 39. of the United States of America in Congress assembled, That in view of the existing emergency, which demands the raising of troops in addition to those now available, the President be, and he is hereby, authorized — First. Immediately to raise, organize, officer, and equip all or such number of increments of the Regular Army pro- vided by the national defense Act approved June third, nineteen hundred and sixteen, or such parts thereof as he may deem necessary; to raise all organizations of the Regu- lar Army, including those added by such increments, to the maximum enlisted strength authorized by law. . . . Second. To draft into the military service of the United States, organize, and officer, in accordance with the provi- sions of section one hundred and eleven of said national de- fense Act, so far as the provisions of said section may be applicable and not inconsistent with the terms of this Act, any or all members of the National Guard and of the Na- tional Guard Reserves, and said members so drafted into the military service of the United States shall serve therein for the period of the existing emergency unless sooner dis- charged : Provided, That when so drafted the organizations or units of the National Guard shall, so far as practicable, retain the State designations of their respective organiza- tions. Third. To raise by draft as herein provided, organize and equip an additional force of five hundred thousand enlisted men, or such part or parts thereof as he may at any time deem necessary, and to provide the necessary officers, line and staff, for said force and for organizations of the other forces hereby authorized, or by combining organizations of said other forces, by ordering members of the Officers' Re- serve Corps to temporary duty in accordance with the pro- visions of section thirty-eight of the national defense Act approved June third, nineteen hundred and sixteen; by ap- pointment from the Regular Army, the Officers' Reserve Corps, from those duly qualified and registered pursuant to section twenty-three of the Act of Congress approved Janu- ary twenty-first, nineteen hundred and three (Thirty-second Statutes at Large, page seven hundred and seventy-five), from the members of the National Guard drafted into the service of the United States, from those who have been graduated from educational institutions at which military instruction is compulsory, or from those who have had hon- orable service in the Regular Army, the National Guard, or in the volunteer forces, or from the country at large; by assigning retired officers of the Regular Army to active duty with such force with their rank on the retired list and the full pay and allowances of their grade; or by the appoint- ment of retired officers and enlisted men. active or retired, of the Regular Army as commissioned officers in such forces: Provided, That the organization of said force shall be the same as that of the corresponding organizations of the Regular Army: Provided further. That the President is authorized to increase or decrease the number of organiza- tions prescribed for the typical brigades, divisions, or army corps of the Regular Army, and to prescribe such new and different organizations and personnel for army corps, divi- sions, brigades, regiments, battalions, squadrons, com- panies, troops, and batteries as the efficiency of the service may require: Provided further, That the number of organi- WAR REPRINTS, NO. 7. zations in a regiment shall not be increased nor shall the number of regiments be decreased: Provided further, That the President in his discretion may organize, officer, and equip for each Infantry and Cavalry brigade three machine- gun companies, and for each Infantry and Cavalry division four machine-gun companies, all in addition to the machine- gun companies comprised in organizations included in such brigades and divisions: Provided further, That the Presi- dent in his discretion may organize for each division one armored motor-car machine-gun company. The machine- gun companies organized under this section shall consist of such commissioned and enlisted personnel and be equipped in such manner as the President may prescribe: And pro- vided further, That officers with rank not above that of colonel shall be appointed by the President alone, and offi- cers above that grade by the President by and with the ad- vice and consent of the Senate: Provided further, That the President may in his discretion recommission in the Coast Guard persons who have heretofore held commissions in the Revenue-Cutter Service or the Coast Guard and have left the service honorably, after ascertaining that they are qualified for service physically, morally, and as to age and military fitness. Fourth. The President is further authorized, in his dis- cretion and at such time as he may determine, to raise and begin the training of an additional force of five hundred thousand men organized, officered, and equipped, as pro- vided for the force first mentioned in the preceding para- graph of this section. Fifth. To raise by draft, organize, equip, and officer, as provided in the third paragraph of this section, in addition to and for each of the above forces, such recruit training units as he may deem necessary for the maintenance of such forces at the maximum strength. Sixth. To raise, organize, officer, and maintain during the emergency such number of ammunition batteries and battalions, depot batteries and battalions, and such artil- lery parks, with such numbers and grades of personnel as he may deem necessary. Such organizations shall be offi- cered in the manner provided in the third paragraph of this section, and enlisted men may be assigned to said organi- zations from any of the forces herein provided for or raised by selective draft as by this Act provided. Seventh. The President is further authorized to raise and maintain by voluntary enlistment, to organize, and equip, not to exceed four infantry divisions, the officers of which shall be selected in the manner provided by paragraph three of section one of this Act: Provided, That the organi- zation of said force shall be the same as that of the corre- sponding organization of the Regular Army: And provided further, That there shall be no enlistments in said force of men under twenty-five years of age at time of enlisting: And provided further. That no such volunteer force shall be accepted in any unit smaller than a division. Sec. 2. That the enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organizations embodying the members of the National Guard drafted into the service of the United States, at the maximum legal strength as by this Act provided, shall be raised by voluntary enlistment, or if and whenever the President decides that they can not effectually be so raised or maintained, then by selective draft; and all other forces hereby authorized, except as provided in the seventh paragraph of section one, shall be raised and maintained by selective draft exclusively; but this provision shall not prevent the transfer to any force of training cadres from other forces. Such draft as herein provided shall be based upon liability to military service of all male citizens, or male persons not alien enemies who have declared their intention to become citizens, between the ages of twenty-one and thirty years, both inclusive, and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act. Quotas for the several States, Terri- tories, and the District of Columbia, or subdivisions there- of, shall be determined in proportion to the population thereof, and credit shall be given to any State. Territory, District, or subdivision thereof, for the number of men who were in the military service of the United States as mem- bers of the National Guard on April first, nineteen hundred and seventeen, or who have since said date entered the military service of the United States from any such State, Territory, District, or subdivision, either as members of the Regular Army or the National Guard. All persons drafted into the service of the United States and all officers accept- ing commissions in the forces herein provided for shall, from the date of said draft or acceptance, be subject to the laws and regulations governing the Regular Army, ex- cept as to promotions, so far as such laws and regulations are applicable to persons whose permanent retention in the military service on the active or retired list is not contem- plated by existing law, and those drafted shall be required to serve for the period of the existing emergency unless sooner discharged: Provided, That the President is author- ized to raise and maintain by voluntary enlistment or draft, as herein provided, special and technical troops as he may deem necessary, and to embody them into organiza- tions and to officer them as provided in the third paragraph of section one and section nine of this Act. Organizations of the forces herein provided for, except the Regular Army and the divisions authorized in the seventh paragraph of section one, shall, as far as the interests of the service per- mit, be composed of men who come, and of officers who are appointed from, the same State or locality.3 Sec. 3. No bounty shall be paid to induce any person to enlist in the military service of the United States; and no person liable to military service shall hereafter be per- mitted or allowed to furnish a substitute for such service; nor shall any substitute be received, enlisted, or enrolled in the military service of the United States; and no such per- son shall be permitted to escape such service or to be dis- charged therefrom prior to the expiration of his term of service by the payment of money or any other valuable thing whatsoever as consideration for his release from mili- tary service or liability thereto. Sec. 4. That the Vice President of the United States, the officers, legislative, executive, and judicial, of the United States and of the several States, Territories, and the Dis- trict of Columbia, regular or duly ordained ministers of religion, students who at the time of the approval of this Act are preparing for the ministry in recognized theological or divinity schools, 4 and all persons in the military and naval service of the United States shall be exempt from the selective draft herein prescribed ; and nothing in this Act contained shall be construed to require or compel any per- son to serve in any of the forces herein provided for who is found to be a member of any well-recognized religious sect or organization at present organized and existing and whose existing creed or principles forbid its members to participate in war in any form and whose religious convic- tions are against war or participation therein in accordance s Note the changes made by the joint resolutions of May If! and May '20, 1018, pp. 35-36. * Joint resolution of May 20, 1918, extended exemption to medical students, see p. 36. UNITED STATES STATUTES RELATING TO WAR CONDITIONS. with the creed or principles of said religious organizations, but no person so exempted shall be exempted from service in any capacity that the President shall declare to be non- combatant; and the President is hereby authorized to exclude or discharge from said selective draft and from the draft un- der the second paragraph of section one hereof, or to draft for partial military service only from those liable to draft as in this Act provided, persons of the following classes: County and municipal officials; customhouse clerks; per- sons employed by the United States in the transmission of the mails; artificers and workmen employed in the armor- ies, arsenals, and navy yards of the United States, and such other persons employed in the service of the United States as the President may designate; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States ; persons engaged in industries, in- cluding agriculture, found to be necessary to the main- tenance of the Military Establishment or the effective oper- ation of the military forces or the maintenance of national interest during the emergency; those in a status with re- spect to persons dependent upon them for support which renders their exclusion or discharge advisable; and those found to be physically or morally deficient. No exemption or exclusion shall continue when a cause therefor no longer exists: Provided, That notwithstanding the exemptions enumerated herein, each State, Territory, and the District of Columbia shall be required to supply its quota in the proportion that its population bears to the total population of the United States. The President is hereby authorized, in his discretion, to create and establish throughout the several States and sub- divisions thereof and in the Territories and the District of Columbia local boards, and where, in his discretion, prac- ticable and desirable, there shall be created and established one such local biard in each county or similar subdivision in each State, and one for approximately each thirty thousand of population in each city of thirty thousand population or over, according to the last census taken or estimates furnished by the Bureau of Census of the Department of Commerce. Such boards shall be ap- pointed by the President, and shall consist of three or more members, none of whom shall be connected with the Mili- tary Establishment, to be chosen from among the local au- thorities of such subdivisions or from other citizens resid- ing in the subdivision or area in which the respective boards will have jurisdiction under the rules and regula- tions prescribed by the President. Such boards shall have power within their respective jurisdictions to hear and de- termine, subject to review as hereinafter provided, all questions of exemption under this Act, and all questions of or claims for including or discharging individuals or classes of individuals from the selective draft, which shall be made under rules and regulations prescribed by the President, except any and every question or claim for in- cluding or excluding or discharging persons or classes of persons from the selective draft under the provisions of this Act authorizing the President to exclude or discharge from the selective draft " Persons engaged in industries, includ- ing agriculture, found to be necessary to the maintenance of the Military Establishment, or the effective operation of the military forces, or the maintenance of national interest during the emergency." The President is hereby authorized to establish addi- tional boards, one in each Federal judicial district of the United States, consisting of such number of citizens, not connected with the Military Establishment, as the Presi- dent may determine, who shall be appointed by the Presi- dent. The President is hereby authorized, in his discre- tion, to establish more than one such board in any Federal judicial district of the United States, or to establish one such board having jurisdiction of an area extending into more than one Federal judicial district. Such district boards shall review on appeal and affirm, modify, or reverse any decision of any local board having jurisdiction in the area in which any such district board has jurisdiction under the rules and regulations prescribed by the President. Such district boards shall have exclusive original jurisdiction within their respective areas to hear and determine all questions or claims for including or ex- cluding or discharging persons or classes of persons from the selective draft, under the provisions of this Act, not in- cluded within the original jurisdiction of such local boards. The decisions of such district boards shall be final except that, in accordance with such rules and regulations as the President may prescribe, he may affirm, modify or reverse any such decision. Any vacancy in any such local board or district board shall be filled by the President, and any member of any such local board or district board may be removed and another appointed in his place by the President, whenever he considers that the interest of the nation demands it. The President shall make rules and regulations govern- ing the organization and procedure of such local boards and district boards, and providing for and governing appeals from such local boards to such district boards, and reviews of the decisions of any local board by the district board having jurisdiction, and determining and prescribing the several areas in which the respective local boards and dis- trict boards shall have jurisdiction, and all other rules and regulations necessary to carry out the terms and pro- visions of this section, and shall provide for the issuance of certificates of exemption, or partial or limited exemptions, and for a system to exclude and discharge individuals from selective draft. Sec. 5. That all male persons between the ages of twenty- one and thirty, both inclusive, shall be subject to registra- tion in accordance with regulations to be prescribed by the President; and upon proclamation by the President or other public notice given by him or by his direction stating the time and place of such registration it shall be the duty of all persons of the designated ages, except officers and en- listed men of the Regular Army, the Navy, and the Na- tional Guard and Naval Militia while in the service of the United States, to present themselves for and submit to reg- istration under the provisions of this Act; and every such person shall be deemed to have notice of the requirements of this Act upon the publication of said proclamation or other notice as aforesaid given by the President or by his direction; and any person who shall willfully fail or re- fuse to present himself for registration or to submit thereto as herein provided, shall be guilty of a misdemeanor and shall, upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprison- ment for not more than one year, and shall thereupon be duly registered: Provided, That in the call of the docket precedence shall be given, in courts trying the same, to the trial of criminal proceedings under this Act: Provided fur- ther. That persons shall be subject to registration as herein provided who shall have attained their twenty-first birth- day and who shall not have attained their thirty-first birth- day on or before the day set for the registration, and all persons so registered shall be and remain subject to draft into the forces hereby authorized, unless exempted or ex- cused therefrom as in this Act provided : Provided further, That in the case of temporary absence from actual place of legal residence of any person liable to registration as pro- WAR REPRINTS. XO. 7. vided herein such registration may be made by mail under regulations to be prescribed by the President. Sec. 6. That the President is hereby authorized to utilize the service of any or all departments and any or all officers or agents of the United States and of the several States, Territories, and the District of Columbia, and subdivisions thereof, in the execution of this Act, and all officers and agents of the United States and of the several States, Ter- ritories, and subdivisions thereof, and of the District of Columbia, and all persons designated or appointed under regulations prescribed by the President whether such ap- pointments are made by the President himself or by the governor or other officer of any State or Territory to per- form any duty in the execution of this Act, are hereby re- quired to perform such duty as the President shall order or direct, and all such officers and agents and persons so desig- nated or appointed shall hereby have full authority for all acts done by them in the execution of this Act by the direc- tion of the President. Correspondence in the execution of this Act may be carried in penalty envelopes bearing the frank of the War Department. Any person charged as herein provided with the duty of carrying into effect any of the provisions of this Act or the regulations made or direc- tions given thereunder who shall fail or neglect to perform such duty ; and any person charged with such duty or hav- ing and exercising any authority under said Act, regula- tions, or directions, who shall knowingly make or be a party to the making of any false or incorrect registration, physical examination, exemption, enlistment, enrollment, or muster; and any person who shall make or be a party to the making of any false statement or certificate as to the fitness or liability of himself or any other person for ser- vice under the provisions of this Act, or regulations made by the President thereunder, or otherwise evades or aids another to evade the requirements of this Act or of said regulations, or who, in any manner, shall fail or neglect fully to perform any duty required of him in the execution of this Act, shall, if not subject to military law, be guilty of a misdemeanor, and upon conviction in the district court of the United States having jurisdiction thereof, be pun- ished by imprisonment for not more than one year, or, if subject to military law, shall be tried by court-martial and suffer such punishment as a court-martial may direct. Sec. 7. That the qualifications and conditions for volun- tary enlistment as herein provided shall lie the same as those prescribed by existing law for enlistments in the Regular Army, except that recruits must lie between the ages of eighteen and forty years, both inclusive, at the time of their enlistment; and such enlistments shall be for the period of the emergency unless sooner discharged. All en- listments, including those in the Regular Army Reserve, which are in force on the date of the approval of this Act and which would terminate during the emergency shall con- tinue in force during the emergency unless sooner dis- charged; but nothing herein contained shall lie construed to shorten the period of any existing enlistment: Provided, That all persons enlisted or drafted under any of the pro- visions of this Act. shall as far as practicable be grouped into units by States and the political subdivisions of the same: Provided further, That all persons who have en- listed since April first, nineteen hundred and seventeen, either in the Regular Army or in the National Guard, and all persons who have enlisted in the National Guard since June third, nineteen hundred and sixteen, upon their appli- cation, shall be discharged upon the termination of the existing emergency. The President may provide for the discharge of any or all enlisted men whose status with respect to dependents lenders such discharge advisable; and he may also author- ize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank on the re- tired list or in higher enlisted grades, and such retired en- listed men shall receive the full pay and allowances of the grades in which they are actively employed. Sec. 8. That the President, by and with the advice and consent of the Senate, is authorized to appoint for the period of the existing emergency such general officers of ap- propriate grades as may be necessary for duty with bri- gades, divisions, and higher units in which the forces pro- vided for herein may be organized by the President, and general officers of appropriate grade for the several Coast Artillery districts. . . . Sec. ( J. That the appointments authorized and made as provided by the second, third, fourth, fifth, sixth, and seventh paragraphs of section one and by section eight of this Act, and the temporary appointments in the Regular Army authorized by the first paragraph of section one of this Act, shall be for the period of the emergency, unless sooner terminated by discharge or otherwise. The Presi- dent is hereby authorized to discharge any officer from the office held by him under such appointment for any cause which, in the judgment of the President, would promote the public service; and the general commanding any division and higher tactical organization or territorial department is authorized to appoint from time to time military boards of not less than three nor more than five officers of the forces herein provided for to examine into and report upon the capacity, qualification, conduct, and efficiency of any commissioned officer within his command other than offi- cers of the Regular Army holding permanent or provi- sional commissions therein. . . Sec. 10. That all officers and enlisted men of the forces herein provided for other than in the Regular Army shall be in all respects on the same footing as to pay, allow- ances, and pensions as officers and enlisted men of corre- sponding grades and length of service in the Regular Army; and commencing June one, nineteen hundred and seventeen, and continuing until the termination of the emergency, all enlisted men of the Army of the United States in active ser- vice whose base pay does not exceed $21 per month shall receive an increase of $15 per month; those whose base pay is $24, an increase of $12 per month; those whose base pay is $30, $36, or $40, an increase of $8 per month; and those whose base pay is $45 or more, an increase of $6 per month: Provided, That the increases of pay herein author- ized shall not enter into the computation of continuous- service pay. Sec. 11. That all existing restrictions upon the detail, detachment, and employment of officers and enlisted men of the Regular Army are hereby suspended for the period of the present emergency. Sec. 12. That the President of the United States, as Commander in Chief of the Army, is authorized to make such regulations governing the prohibition of alcoholic liquors in or near military camps and to the officers and enlisted men of the Army as he may from time to time deem necessary or advisable: Provided, That no person, corporation, partnership, or association shall sell, supply, or have in his or its possession any intoxicating or spiritu- ous liquors at any military station, cantonment, camp, fort, post, officers' or enlisted men's club, which is being used at the time for military purposes under this Act. but the Sec- retary of War may make regulations permitting the sale and use of intoxicating liquors for medicinal purposes. It UNITED STATES STATUTES RELATING TO WAR CONDITIONS. shall be unlawful to sell any intoxicating liquor, including beer, ale, or wine, to any officer or member of the military forces while in uniform, except as herein provided. Any person, corporation, partnership, or association violating the provisions of this section of the regulations made there- under shall, unless otherwise punishable under the Articles of War, be deemed guilty of a misdemeanor and be pun- ished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both. Sec. 13. That the Secretary of War is hereby authorized, empowered, and directed during the present war to do everything by him deemed necessary to suppress and pre- vent the keeping or setting up of houses of ill fame, brothels, or bawdy houses within such distance as he may deem needful of any military camp, station, fort, post, can- tonment, training, or mobilization place. . . . Sec. 14. That all laws and parts of laws in conflict with the provisions of this Act are hereby suspended during the period of this emergency. Approved, May 18, 1917. Act Relating to Espionage, etc., June 15, 1917. An Act To punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other pur- poses. Be it enacted by the Senate and House of Represntatives of the United States of America in Congress assembled: Title I. ESPIONAGE. Section 1. That (a) whoever, for the purpose of obtain- ing information respecting the national defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the ad- vantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, air- craft, work of defense, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dock- yard, canal, railroad, arsenal, camp, factory, mine, tele- graph, telephone, wireless, or signal station, building, office, or other place connected with the national defense, owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers or agents, or within the exclusive jurisdiction of the United States, or any place in which any vessel, air- craft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, or stored, under any contract or agreement with the United States, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any pro- hibited place within the meaning of section six of this title; or (b) whoever for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or ob- tains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appli- ance, document, writing, or note of anything connected with the national defense; or (c) whoever, for the purpose afore- said, receives or obtains or agrees or attempts or induces or aids another to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic nega- tive, blue print, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, know- ing or having reason to believe, at the time he receives or obtains, or agrees or attempts or induces or aids another to receive or obtain it, that it has been or will be obtained, taken, made or disposed of by any person contrary to the provisions of this title; or (d) whoever, lawfully or un- lawfully having possession of, access to, control over, or be- ing intrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defense, willfully communicates or trans- mits or attempts to communicate or transmit the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or (e) whoever, being intrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or information, relating to the national defense, through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, ab- stracted, or destroyed, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or both. Sec. 2. (a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, deliv- ers, or transmits, or attempts to, or aids or induces another to, communicate, deliver, or transmit, to any foreign gov- ernment, or to any faction or party or military or naval force within a foreign country, whether recognized or un- recognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by imprisonment for not more than twenty years: Provided, That whoever shall violate the provisions of sub- section (a) of this section in time of war shall be pun- ished by death or by imprisonment for not more than thirty years; and (b) whoever, in time of war, with intent that the same shall be communicated to the enemy, shall collect, record, publish, or communicate, or attempt to elicit any information with respect to the movement, numbers, de- scription, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the pub- lic defense, which might be useful to the enemy, shall be punished by death or by imprisonment for not more than thirty years. Sec. 3. Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to pro- mote the success of its enemies and whoever when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct the recruiting or enlistment ser- vice of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both. Sec. 4. If two or more persons conspire to violate the 10 WAR REPRINTS, NO. provisions of sections two or three of this title, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offenses under this title shall be punished as pro- vided by section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine. Sec. 5. Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this title shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both. Sec. G. The President in time of war or in case of na- tional emergency may by proclamation designate any place other than those set forth in subsection (a) of section one hereof in which anything for the use of the Army or Navy is being prepared or constructed or stored as a prohibited place for the purposes of this title: Provided, That he shall determine that information with respect thereto would be prejudicial to the national defense. Sec. 7. Nothing contained in this title shall be deemed to limit the jurisdiction of the general courts-martial, mili- tary commissions, or naval courts-martial under sections thirteen hundred and forty-two, thirteen hundred and forty- three, and sixteen hundred and twenty-four of the Revised Statutes as amended. Sec. 8. The provisions of this title shall extend to all Territories, possessions, and places subject to the jurisdic- tion of the United States, whether or not contiguous there- to, and offenses under this title when committed upon the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States and outside the territorial limits thereof shall be punishable hereunder. Sec. 0. The Act entitled "An Act to prevent the disclo- sure of national defense secrets," approved March third, nineteen hundred and eleven, is hereby repealed. Title II. VESSELS IN* TORTS OF THE UNITED STATES. Section 1. Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or inva- sion, or disturbance or threatened disturbance of the inter- national relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and. if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to semre the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove there- from the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof. Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury.' 5 See the President's proclamation of May 23, 1917, for action taken concerning the canal, p. 40. Sec. 2. If any owner, agent, master, officer, cr person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given by the Secretary of the Treasury or the Governor of the Panama Canal under the provisions of this title, or ob- structs or interferes with the exercise of any power con- ferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seiz- ure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, ob- struction, or interference shall be fined not more than $10,000, or imprisoned not more than two years, or both. Sec. 3. It shall be unlawful for the owner or master or any other person in charge or command of any private ves- sel, foreign or domestic, or for any member of the crew or other person, within the territorial waters of the United States, willfully to cause or permit the destruction or in- jury of such vessel or knowingly to permit said vessel to be used as a place of resort for any person conspiring with another or preparing to commit any offense against the United States, or in violation of the treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States, or know- ingly to permit such vessels to be used in violation of the rights and obligations of the United States under the law of nations; and in case such vessel shall be so used, with the knowledge of the owner or master or other person in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizuro and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the cus- toms revenue laws; and whoever violates this section shall be fined not more than $10,000 or imprisoned not more than two years, or both. Sec. 4. The President may employ such part of the land or naval forces of the United States as he may deem neces- sary to carry out the purposes of this title. Title III. INJLTiINO VESSELS ENGAGED IN FOREIGN COMMERCE. Section 1. Whoever shall set fire to any vessel of for- eign registry, or any vessel of American registry entitled to engage in commerce with foreign nations, or to any vessel of the United States as defined in section three hundred and ten of the Act of March fourth, nineteen hundred and nine, entitled "An Act to codify, revise, and amend the penal laws of the United States," or to the cargo of the same, or shall tamper with the motive power or instrumentali- ties of navigation of such vessel, or shall place bombs or explosives in or upon such vessel, or shall do any other act to or upon such vessel while within the jurisdiction of the United States, or, if such vessel is of American registry, while she is on the high sea. with intent to injure or en- danger the safety of the vessel or of her cargo, or of persons on board, whether the injury or danger is so intended to take place within the jurisdiction of the United States, or after the vessel shall have departed therefrom; or whoever shall attempt or conspire to do any such acts with such in- tent, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. Titi e IV. interference with foreign commerce by violent means. Section 1. Whoever, with intent to prevent, interfere with, or obstruct or attempt to prevent, interfere with, or obstruct the exportation to foreign countries of articles UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 11 from the United States, shall injure or destroy, by fire or explosives, such articles or the places where they may be while in such foreign commerce, shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Title V. ENFORCEMENT OF NEUTRALITY/. [This title deals with acts performed in a war in which the United States is neutral.] Title VI. SEIZURE OF ARMS AND OTHER ARTICLES INTENDED FOR EXPORT. Section 1. Whenever an attempt is made to export or ship from or take out of the United States, any arms or munitions of war, or other articles, in violation of law, or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law, the several collectors, naval officers, surveyors, inspectors of customs, and marshals, and deputy marshals of the United States, and every other person duly authorized for the pur- pose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain posses- sion thereof until released or disposed of as hereinafter di- rected. If upon due inquiry as hereinafter provided, the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken out of the United States, the same shall be forfeited to the United States. Sec. 2. It shall be the duty of the persons making any seizure under this title to apply, with due diligence, to the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further deten- tion of the property so seized, which warrant shall be granted only on oath or affirmation showing that there is known or probable cause to believe that the property seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge refuses to issue the warrant, or application there- for is not made by the person making the seizure within a reasonable time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. . . . Sec. 8. The President may employ such part of the land or naval forces of the United States as he may deem neces- sary to carry out the purposes of this title. Title VII. CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL. Section 1. Whenever during the present war the Presi- dent shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another."! Sec. 2. Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking out, any article in violation of this title, or of any regulation, or order made hereunder, shall be fined not more than $10,000, or, if a natural person, imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken out, or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any officer, director, or agent of a corporation who participates in any such vio- lation shall be liable to like fine or imprisonment, or both. Sec. 3. Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby author- ized and e"mpowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the de- parture of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. Whoever, in vio- lation of any of the provisions of this section shall take, or attempt to take, or authorize the taking of any such vessel, out of port or from the jurisdiction of the United States, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States. Title VIII. DISTURBANCE OF FOREIGN RELATIONS. Section 1. Whoever, in relation to any dispute or con- troversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or any branch thereof, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 2. Whoever within the jurisdiction of the United States shall falsely assume or pretend to be a diplomatic or consular, or other official of a foreign government duly ac- credited as such to the Government of the United States with intent to defraud such foreign government or any per- son, and shall take upon himself to act as such, or in such pretended character shall demand or obtain, or attempt to obtain from any person or from said foreign government, or from any officer thereof, any money, paper, document, or other thing of value, shall be fined not more than $5,000, or imprisoned not more than five years, or both. Sec. 3. Whoever, other than a diplomatic or consular officer or attache, shall act in the United States as an agent of a foreign government without prior notification to the Secretary of State shall be fined not more than $5,000, or imprisoned not more than five years, or both. . . . 6 A number ot executive proclamations have been issued relating to foreign trade. See pp. 30, 40. 44. 12 WAR REPRINTS. NO. Sec. 5. If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign Government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more of such persons commits an act within the jurisdiction of the United States to effect the object of the conspiracy, each of the parties to the conspiracy shall be fined not more than $.3,000, or imprisoned not more than three years, or both. Any indictment or information under this section shall describe the specific property which it was the object of the conspiracy to injure or destroy. Title IX. PASSPOSTS. Section 1. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal officials authorized, or who may be authorized, to take passport applications and administer oaths thereon, shall collect, for all services in connection therewith, a fee of $1, and no more, in lieu of all fees pre- scribed by any statute of the United States, whether the application is executed singly, in duplicate, or in triplicate. Sec. 2. Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another. . . . Sec. 3. Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself. . . . Sec. 4. Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent that the same may be used by another . . . [shall in each case be fined not more than $2,000, or imprisoned not more than five years, or both]. Title X. counterfeiting government seal. Section 1. Whoever shall fraudulently or wrongfully affix or impress the seal of any executive department, or of any bureau, commission, or office of the United States, to or upon any certificate, instrument, commission, document, or paper of any description ; or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudu- lently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. . . . Title XI. SEARCH warrants. Section 1. A search warrant authorized by this title may be issued by a judge of a United States district court, or by a judge of a State or Territorial court of record, or by a United States commissioner for the district wherein the property sought is located. Sec. 2. A search warrant may be issued under this title upon either of the following grounds: 1. When the property was stolen or embezzled in viola- tion of a law of the United States; in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or from any person in whose possession it may be. 2. When the property was used as the means of com- mitting a felony; in which case it may be taken on the warrant from any house or other place in which it is con- cealed, or from the possession of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be. 3. When the property, or any paper, is possessed, con- trolled, or used in violation of section twenty-two of this title; in which case it may be taken on the warrant from the person violating said section, or from any person in whose possession it may be, or from any house or other place in which it is concealed. Sec. 3. A search warrant can not be issued but upon probable cause, supported by affidavit, naming or describing the person and particularly describing the property and the place to be searched. Sec. 4. The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be sub- scribed by the parties making them. Sec. 5. The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. Sec. 6. If the judge or commissioner is thereupon satis- fied of the existence of the grounds of the application or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a civil officer of the United States duly authorized to enforce or assist in enforcing any law thereof, or to a person so duly authorized by the President of the United States, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in support thereof, and commanding him forth- with to search the person or place named, for the property specified, and to bring it before the judge or commissioner. Sec. 7. A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. Sec. 8. The officer may break open any outer or inner door or window of a house, or any part of a house, or any- thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. Sec. 9. He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the war- rant, is detained therein, or when necessary for his own liberation. . . . Sec. 20. A person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined not more than $1,000 or imprisoned not more than one year. Sec. 21. An officer who in executing a search warrant willfully exceeds his authority, or exercises it with unneces- UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 13 sary severity, shall be fined not more than $1,000 or im- prisoned not more than one year. Sec. 22. Whoever, in aid of any foreign Government, shall knowingly and willfully have possession of or control over any property or papers designed or intended for use or which is used as the means of violating any penal statute, or any of the rights or obligations of the United States under any treaty or the law of nations, shall be fined not more than $1,000 or imprisoned not more than two years, or both. Sec. 23. Nothing contained in this title shall be held to repeal or impair any existing provisions of law regulating search and the issue of search warrants. Title XII. USE OF MAILS. Section 1. Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter, or thing, of any kind, in violation of any of the provisions of this Act is hereby de- clared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any let- ter carrier: Provided, That nothing in this Act shall be so construed as to authorize any person other than an em- ploye of the Dead Letter Office, duly authorized thereto, or other person upon a search warrant authorized by law, to open any letter not addressed to himself. Sec. 2. Every letter, writing, circular, postal card, pic- ture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, of any kind, containing any matter advocating or urging treason, insur- rection, or forcible resistance to any law of the United States, is hereby declared to be nonmailable. Sec. 3. Whoever shall use or attempt to use the mails or Postal Service of the United States for the transmission of any matter declared by this title to be nonmailable, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Any person violating any provision of this title may be tried and punished either in the district in which the unlawful matter or publication was mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be deliv- ered by mail to the person to whom it was addressed. . . . Approved, June 15, 1917. Act Punishing the Obstructing of Transportation, and Empowering the President to Establish Priorities in Transportation, August 10, 1917. Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled, That section one of the act entitled "An Act to regulate commerce?' approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, be further amended by adding thereto the following: '•' That on and after the approval of this Act any person or persons who shall, during the war in which the United States is now engaged, knowingly and willfully, by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retarding, the orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad or elsewhere in the United States engaged in interstate or for- eign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 ov by imprisonment for not exceeding six mouths, or by both such fine and imprisonment; and the President of the United States is hereby authorized, when- ever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of interstate or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or else- where in the United States engaged in interstate or for- eign commerce: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section six or section twenty of an Act entitled 'An Act to supplement ex- isting laws against unlawful restraints and monopolies, and for other purposes,' approved October fifteenth, nineteen hundred and fourteen. " That during the continuance of the war in which the United States is now engaged the President is authorized, if he finds it necessary for the national defense and secur- ity, to direct that such traffic or such shipments of com- modities as, in his judgment, may be essential to the na- tional defense and security shall have preference or priority in transportation by any common carrier by railroad, water, or otherwise. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders direct, or through such person or persons as he may designate for the pur- pose or through the Interstate Commerce Commission. Officials of the United States, when so designated, shall re- ceive no compensation for their services rendered hereun- der. Persons not in the employ of the United States so designated shall receive such compensation as the President may fix. Suitable offices may be rented and all necessary expenses, including compensation of persons so designated, shall be paid as directed by the President out of funds which may have been or may be provided to meet expendi- tures for the national security and defense. The common carriers subject to the Act to regulate commerce or as many of them as desire so to do are hereby authorized with- out responsibility or liability on the part of the United States, financial or otherwise, to establish and maintain in the city of Washington during the period of the war an agency empowered by such carriers as join in the arrange- ment to receive on behalf of them all notice and service of such orders and directions as may be issued in accordance with this Act, and service upon such agency shall be good service as to all the carriers joining in the establishment thereof. . . ." Approved, August 10, 1917. Act Authorizing the Control of Food Products and Fuel, August 10, 1917. An Act To provide further for the national security and defense by encouraging the production, conserving the sup- ply, and controlling the distribution of food products and fuel. Be it enacted bit the Senate and Bouse of Representatives of the United States of America in Congress assembled, That by reason of the existence of a state of war, it is essential to the national security and defense, for the suc- cessful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement, of foods, feeds, fuel including fuel oil and nat- ural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, here- after in this Act called necessaries; to prevent, locally or 14 WAR REPRINTS, NO. generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement-, and to establish and maintain governmental control of such necessaries dur- ing the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, estab- lished, conferred, and prescribed. The President is author- ized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this Act. Sec. 2. That in carrying out the purposes of this Act the President is authorized to enter into any voluntary ar- rangements or agreements,* to create and use any agency or agencies, to accept the services of any person without com- pensation, to cooperate with any agency or person, to util- ize any department or agency of the Government, and to co- ordinate their activities so as to avoid any preventable loss or duplication of effort or funds. Sec. 3. That no person acting either as a voluntary or paid agent or employee of the United States in any capac- ity, including an advisory capacity, shall solicit, induce, or attempt to induce any person or officer authorized to exe- cute or to direct the execution of contracts on behalf of the United States to make any contract or give any order for the furnishing to the United States of work, labor, or services, or of materials, supplies, or other property of any kind or character, if such agent or employee has any pecu- niary interest in such contract or order, or if he or any firm of which he is a member, or corporation, joint-stock company, or association of which he is an officer or stock- holder, or in the pecuniary profits of which he is directly or indirectly interested, shall be a party thereto. Nor shall any agent or employee make, or permit any committee or other body of which he is a member to make, or participate in making, any recommendation concerning such contract or order to any council, board, or commission of the United States, or any member or subordinate thereof, without mak- ing to the best of his knowledge and belief a full and com- plete disclosure in writing to such council, board, commis- sion, or subordinate of any and every pecuniary interest which he may have in such contract or order and of his in- terest in any firm, corporation, company, or association be- ing a party thereto. Nor shall he participate in the award- ing of such contract or giving such order. Any willful vio- lation of any of the provisions of this section shall be pun- ishable by a fine of not more than $10,000, or by imprison- ment of not more than five years, or both: Provided, That the provisions of this section shall not change, alter or re- peal section forty-one of chapter three hundred and twenty- one, Thirty-fifth Statutes at Large. Sec. 4. That it is hereby made unlawful for any person willfully to destroy any necessaries for the purpose of en- hancing the price or restricting the supply thereof; know- ingly to commit waste or willfully to permit preventable deterioration of any necessaries in or in connection with their production, manufacture, or distribution ; to hoard, as defined in section six of this Act, any necessaries; to monopolize or attempt to monopolize, either locally or gen- erally, any necessaries; to engage in any discriminatory and unfair, or any deceptive or wasteful practice or device, or to make any unjust or unreasonable rate or charge, in handling or dealing in or with any necessaries; to con- spire, combine, agree, or arrange with any other person, (a) to limit the facilities for transporting, producing, harvest- ing, manufacturing, supplying, storing, or dealing in any necessaries; (hi to restrict the supply of any necessaries; fci to restrict distribution of any necessaries; (d) to pre- vent, limit, or lessen the manufacture or production of any necessaries in order to enhance the price thereof, or (e) to exact excessive prices for any necessaries; or to aid or abet the doing of any act made unlawful by this section. Sec. 5. That, from time to time, whenever the President shall find it essential to license the importation, manufac- ture, storage, mining, or distribution of any necessaries, in order to carry into effect any of the purposes of this Act, ami shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any neces- saries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and re- quirements for systems of accounts and auditing of ac- counts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees. Whenever the President shall find that any storage charge, commission, profit, or practice of any licensee is unjust, or unreasonable, or dis- criminatory and unfair, or wasteful, and shall order such licensee, within a reasonable time fixed in the order, to discontinue the same, unless such order, which shall recite the facts found, is revoked or suspended, such licensee shall, within the time prescribed in the order, discontinue such unjust, unreasonable, discriminatory and unfair storage charge, commission, profit, or practice. The President may, in lieu of any such unjust, unreasonable, discriminatory, and unfair storage charge, commission, profit, or practice, find what is a just, reasonable, nondiscriminatory and fair storage charge, commission, profit, or practice, and in any proceeding brought in any court such order of the President shall be prima facie evidence. Any person who, without a license issued pursuant to this section, or whose license shall have been revoked, knowingly engages in or carries on any business for which a license is required under this section, or willfully fails or refuses to discontinue any unjust, unrea- sonable, discriminatory and unfair storage charge, com- mission, profit, or practice, in accordance with the require- ment of an order issued under this section, or any regula- tion prescribed under this section, shall, upon conviction thereof, be punished by a fine not exceeding $5,000, or by imprisonment for not more than two years, or both: Pro- vided, That this section shall not apply to any farmer, gardener, cooperative association of farmers or gardeners, including live-stock farmers, or other persons with respect to the products of any farm, garden, or other land owned, leased, or cultivated by him, nor to any retailer with re- spect to the retail business actually conducted by him, nor to any common carrier, nor shall anything in this section be construed to authorize the fixing or imposition of a duty or tax upon any article imported into or exported from the United States or any State, Territory, or the District of Columbia: Provided further, That for the purposes of this Act a retailer shall be deemed to be a person, copartner- ship, firm, corporation, or association not engaging in the wholesale business whose gross sales do not exceed $100.- 000 per annum. 7 Sec. 0. That any person who willfully hoards any neces- saries shall upon conviction thereof be fined not exceeding $5,000 or be imprisoned for not more than two years, or both. Necessaries shall be deemed to be hoarded within the meaning of this Act when either (a) held, contracted for, " For proclamation concerning food licenses, see p. 41. UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 15 or arranged for by any person in a quantity in excess of his reasonable requirements for use or consumption by himself and dependents for a reasonable time; (b) held, contracted for, or arranged for by any manufacturer, wholesaler, re- tailer, or other dealer in a quantity in excess of the reason- able requirements of his business for use or sale by him for a reasonable time, or reasonably required to furnish neces- saries produced in surplus quantities seasonally throughout the period of scant or no production; or (c) withheld, whether by possession or under any contract or arrange- ment, from the market by any person for the purpose of un- reasonably increasing or diminishing the price: Provided, That this section shall not include or relate to transac- tions on any exchange, board of trade, or similar institu- tion or place of business as described in section thirteen of this Act that may be permitted by the President under the authority conferred upon him by said section thirteen: Provided, however, That any accumulating or withholding by any farmer or gardener, cooperative association of farm- ers or gardeners, including live-stock farmers, or any other person, of the products of any farm, garden, or other land owned, leased, or cultivated by him shall not be deemed to be hoarding within the meaning of this Act. Sec. 7. That whenever any necessaries shall be hoarded as defined in section six they shall be liable to be pro- ceeded against in any district court of the United States within the district where the same are found and seized by a process of libel for condemnation, and if such necessaries shall be adjudged to be hoarded they shall be disposed of by sale in such manner as to provide the most equitable dis- tribution thereof as the court may direct, and the proceeds thereof, less the legal costs and charges, shall be paid to the party entitled thereto. The proceedings of such libel cases shall conform as near as may be to the proceedings in ad- miralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. It shall be the duty of the United States attorney for the proper district to institute and prosecute any such action upon presentation to him of satisfactory evidence to sustain the same. Sec. 8. That any person who willfully destroys any necessaries for the purpose of enhancing the price or re- stricting the supply thereof shall, upon conviction thereof, be fined not exceeding $5,000 or imprisonment for not more than two years, or both. Sec. 9. That any person who conspires, combines, agrees, or arranges with any other person (a) to limit the facili- ties for transporting, producing, manufacturing, supplying, storing, or dealing in any necessaries; (b) to restrict the supply of any necessaries; (c) to restrict the distribution of any necessaries; (d) to prevent, limit, or lessen the man- ufacture or production of any necessaries in order to en- hance the price thereof shall, upon conviction thereof, be fined not exceeding $10,000 or be imprisoned for not more than two years, or both. Sec. 10. That the President is authorized, from time to time, to requisition foods, feeds, fuels, and other supplies necessary to the support of the Army or the maintenance of the Navy, or any other public use connected with the com- mon defense, and to requisition, or otherwise provide, storage facilities for such supplies; and he shall ascertain and pay a just compensation therefor. If the compensation so determined be not satisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum will make up such amount as will be just compensation for such necessaries or storage space, and jurisdiction is hereby con- ferred on the United States District Courts to hear and determine all such controversies: Provided, That nothing in this section, or in the section that follows, shall be con- strued to require any natural person to furnish to the Gov- ernment any necessaries held by him and reasonably re- quired for consumption or use by himself and dependents, nor shall any person, firm, corporation, or association be required to furnish to the Government any seed necessary for the seeding of land owned, leased, or cultivated by them. Sec. 11. That the President is authorized from time to time to purchase, to store, to provide storage facilities for, and to sell for cash at reasonable prices, wheat, flour, meal, beans, and potatoes: Provided, That if any minimum price shall have been theretofore fixed, pursuant to the provi- sions of section fourteen of this Act, then the price paid for any such articles so purchased shall not be less than such minimum price. Any moneys received by the United States from or in connection with the disposal by the United States of necessaries under this section may, in the discre- tion of the President, be used as a revolving fund for fur- ther carrying out the purposes of this section. Any bal- ance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts. Sec. 12. That whenever the President shall find it neces- sary to secure an adequate supply of necessaries for the support of the Army or the maintenance of the Navy, or for any other public use connected with the common de- fense, he is authorized to requisition and take over, for use or operation by the Government, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any necessaries are or may be manufac- tured, produced, prepared, or mined, and to operate the same. Whenever the President shall determine that the further use or operation by the Government of any such factory, mine, or plant, or part thereof, is not essential for the national security or defense, the same shall be restored to the person entitled to the possession thereof. The United States shall make just compensation, to be deter- mined by the President, for the taking over, use, occupa- tion, and operation by the Government of any such factory, mine, or plant, or part thereof. If the compensation so de- termined be unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amounts as will be just compensation, in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. The President is authorized to prescribe such regulations as he may deem essential for carrying out the purposes of this section, including the operation of any such factory, mine, or plant, or part thereof, the purchase, sale, or other dis- position of articles used, manufactured, produced, prepared, or mined therein, and the employment, control, and com- pensation of employees. Any moneys received by the United States from or in connection with the use or opera- tion of any such factory, mine, or plant, or part thereof, may, in the discretion of the President, be used as a revolv- ing fund for the purpose of the continued use or operation of any such factory, mine, or plant, or part thereof, and the accounts of each such factory, mine, plant, or part thereof, shall be kept separate and distinct. Any balance of such moneys not used as part of such revolving fund shall be paid into the Treasury as miscellaneous receipts. 16 WAR REPRINTS. NO. 7. Sec. 13. That whenever the President finds it essential in order to prevent undue enhancement, depression, or fluctuation of prices of, or in order to prevent injurious speculation in, or in order to prevent unjust market man- ipulation or unfair and misleading market quotations of the prices of necessaries, hereafter in this section called evil practices, he is authorized to prescribe such regulations governing, or may either wholly or partly prohibit, opera- tions, practices, and transactions at, on, in, or under the rules of any exchange, board of trade, or similar institution or place of business as he may find essential in order to pre- vent, correct, or remove such evil practices. . . . Sec. 14. That whenever the President shall find that an emergency exists requiring stimulation of the production of wheat and that it is essential that the producers of wheat, produced within the United States, shall have the benefits of the guaranty provided for in this section, he is authorized, from time to time, seasonably and as far in ad- vance of seeding time as practicable, to determine and fix and to give public notice of what, under specified condi- tions, is a reasonable guaranteed price for wheat, in order to assure such producers a reasonable profit. The Presi- dent shall thereupon fix such guaranteed price for each of the official grain standards for wheat as established under the United States grain standards Act, approved August eleventh, nineteen hundred and sixteen. The President shall from time to time establish and promulgate such regulations as he shall deem wise in connection with such guaranteed prices, and in particular governing conditions of delivery and payment, and differences in price for the sev- eral standard grades in the principal primary markets of the United States, adopting number one northern spring or its equivalent at the principal interior primary markets as the basis. Thereupon, the Government of the United States hereby guarantees every producer of wheat produced within the United States, that, upon compliance by him with the regulations prescribed, he shall receive for any wheat pro- duced in reliance upon this guarantee within the period, not exceeding eighteen months, prescribed in the notice, a price not less than the guaranteed price therefor as fixed pursuant to this action. In such regulations the President shall prescribe the terms and conditions upon which any such producer shall be entitled to the benefits of such guar- anty. The guaranteed prices for the several standard grades of wheat for the crop of nineteen hundred and eighteen, shall be based upon number one northern spring or its equivalent at not less than $2 per bushel at the prin- cipal interior primary markets. This guaranty shall not be dependent upon the action of the President under the first part of this section, but is hereby made absolute and shall be binding until May first, nineteen hundred and nine- teen. When the President finds that the importation into the United States of any wheat produced outside of the United States materially enhances or is likely materially to enhance the liabilities of the United States under guar- anties of prices therefor made pursuant to this section, and ascertains what rate of duty, added to the then existing rate of duty on wheat and to the value of wheat at the time of importation, would be sufficient to bring the price thereof at which imported up to the price fixed therefor pursuant to the foregoing provisions of this section, he shall proclaim such facts, and thereafter there shall be levied, collected, and paid upon wheat when imported, in addition to the then existing rate of duty, the rate of duty so ascertained; but in no case shall any such rate of duty be fixed at an amount which will effect a reduction of the rate of duty upon wheat under any then existing tariff law of the United States. For the purpose of making any guaranteed price effective under this section, or whenever he deems it essential in order to protect the Government of the United States against material enhancement of its lia- bilities arising out of any guaranty under this section, the President is authorized also, in his discretion, to purchase any wheat for which a guaranteed price shall be fixed un- der this section, and to hold, transport, or store it, or to sell, dispose of, and deliver the same to any citizen of the United States or to any Government engaged in war with any country with which the Government of the United States is or may be at war or to use the same as supplies for any department or agency of the Government of the United States. Any moneys received by the United States from or in connection with the sale or disposal of wheat under this section may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any balance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts. Sec. 15. That from and after thirty days from the date of the approval of this Act no foods, fruits, food materials, or feeds shall be used in the production of distilled spirits for beverage purposes: Provided, That under such rules, regulations, and bonds as the President may prescribe, such materials may be used in the production of distilled spirits exclusively for other than beverage purposes, or for the for- tification of pure sweet wines as defined by the Act en- titled "An Act to increase the revenue, and for other pur- poses," approved September eighth, nineteen hundred and sixteen. Nor shall there be imported into the United States any distilled spirits. Whenever the President shall find that limitation, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt or vinous liquors for beverage purposes, or that re- duction of the alcoholic content of any such malt or vinous liquor, is essential, in order to assure an adequate and con- tinuous supply of food, or that the national security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the ex- tent of the limitation, regulation, prohibition, or reduction so necessitated. Whenever such notice shall have been given and shall remain unrevoked no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined by him governing the produc- tion and importation of such liquors and the alcoholic con- tent thereof. Any person who willfully violates the pro- visions of this section, or who shall use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or who shall import any such liquors, without first obtaining a license so to do when a license is required un- der this section, or who shall violate any rule or regulation made under this section, shall be punished by a fine not exceeding $5,000. or by imprisonment for not more than two years, or both: Provided further, That nothing in this section shall be construed to authorize the licensing of the manufacture of vinous or malt liquors in any State. Terri- tory, or the District of Columbia, or any civil subdivision thereof, where the manufacture of such vinous or malt liquor is prohibited. Sec. 16. That the President is authorized and directed to commandeer any or all distilled spirits in bond or in stock at the date of the approval of this Act for redistillation, in so far as such redistillation may be necessary to meet the requirements of the Government in the manufacture of mu- nitions and other military and hospital supplies, or in so UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 17 far as such redistillation would dispense with the necessity of utilizing products and materials suitable for foods and feeds in the future manufacture of distilled spirits for the purposes herein enumerated. The President shall deter- mine and pay a just compensation for the distilled spirits so commandeered; and if the compensation so determined be not satisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President and shall be en- titled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just compensation for such spirits, in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Ju- dicial Code. Sec. 17. That every person who willfully assaults, re- sists, impedes, or interferes with any officer, employee, or agent of the United States in the execution of any duty authorized to be performed by or pursuant to this Act shall upon conviction thereof be fined not exceeding $1,000 or be imprisoned for not more than one year, or both. . . . Sec. 24. That the provisions of this Act shall cease to be in effect when the existing state of war between the United States and Germany shall have terminated, and the fact and date of such termination shall be ascertained and pro- claimed by the President; but the termination of this Act shall not affect any act done, or any right or obligation ac- cruing or accrued, or any suit or proceeding had or com- menced in any civil case before the said termination pur- suant to this Act; but all rights and liabilities under this Act arising before its termination shall continue and may be enforced in the same manner as if the Act had not ter- minated. Any offense committed and all penalties, for- feitures, or liabilities incurred prior to such termination may be prosecuted or punished in the same manner and with the same effect as if this Act had not been terminated. Sec. 25. That the President of the United States shall be, and he is hereby, authorized and empowered, whenever and wherever in his judgment necessary for the efficient prose- cution of the war, to fix the price of coal and coke, wher- ever and whenever sold, either by producer or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, appor- tionment, or storage thereof among dealers and consumers, 8 domestic or foreign: said authority and power may be ex- ercised by him in each case through the agency of the Fed- eral Trade Commission during the war or for such part of said time as in his judgment may be necessary. That if, in the opinion of the President, any such pro- ducer or dealer fails or neglects to conform to such prices or regulations, or to conduct his business efficiently under the regulations and control of the President as aforesaid, or conducts it in a manner prejudicial to the public interest, then the President is hereby authorized and empowered in every such ease to requisition and take over the plant, busi- ness, and all appurtenances thereof belonging to such pro- ducer or dealer as a going concern, and to operate or cause the same to be operated in such manner and through such agency as he may direct during the period of the war or for such part of said time as in his judgment may be neces- sary. That any producer or dealer whose plant, business, and appurtenances shall have been requisitioned or taken over by the President shall be paid a just compensation for the use thereof during the period that the same may be requisi- tioned or taken over as aforesaid, which compensation the 8 For priorities list issued in April, 1918, see p. 46. President shall fix or cause to be fixed by the Federal Trade Commission. That if the prices so fixed, or if, in the case of the taking over or requisitioning of the mines or business of any such producer or dealer the compensation therefor as determined by the provisions of this Act be not satisfactory to the per- son or persons entitled to receive the same, such person shall be paid seventy-five per centum of the amount so de- termined, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just compen- sation in the manner provided by section twenty-four, para- graph twenty, and section one hundred and forty-five of the Judicial Code. While operating or causing to be operated any such plants or business, the President is authorized to prescribe such regulations as he may deem essential for the employ- ment, control, and compensation of the employees necessary to conduct the same. Or if the President of the United States shall he of the opinion that he can thereby better provide for the common defense, and whenever, in his judgment, it shall be neces- sary for the efficient prosecution of the war, then he is hereby authorized and empowered to require any or all pro- ducers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to the United States through an agency to be designated by the President, such agency to regulate the resale of such coal and coke, and the prices thereof, and to establish rules for the regulation of and to regulate the methods of production, shipment, distribution, apportionment, or storage thereof among dealers and con- sumers, domestic or foreign, and to make payment of the purchase price thereof to the producers thereof, or to the person or persons legally entitled to said payment. . . . All such products so sold to the United States shall be sold by the United States at such uniform prices, quality considered, as may be practicable and as may be determined by said agency to be just and fair. Any moneys received by the United States for the sale of any such coal and coke may, in the discretion of the Presi- dent, be used as a revolving fund for further carrying out the purposes of this section. Any moneys not so used shall be covered into the Treasury as miscellaneous receipts. That when directed by the President, the Federal Trade Commission is hereby required to proceed to make full in- quiry, giving such notice as it may deem practicable, into the cost of producing under reasonably efficient manage- ment at the various places of production the following com- modities, to wit, coal and coke. . . . Whoever shall, with knowledge that the prices of any such commodity have been fixed as herein provided, ask, demand, or receive a higher price, or whoever shall, with knowledge that the regulations have been prescribed as herein provided, violate or refuse to conform to any of the same, shall, upon conviction, be punished by fine of not more than $5,000. or by imprisonment for not more than two years, or both. Each independent transaction shall constitute a separate offense. Nothing in this section shall be construed as restricting or modifying in any manner the right the Government of the United States may have in its own behalf or in behalf of any other Government at war with Germany to pur- chase, requisition, or take over any such commodities for the equipment, maintenance, or support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined. Sec. 26. That any person carrying on or employed in IS WAR REPRINTS, NO. commerce among the several States, or with foreign na- tions, or with or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his indi- vidual capacity or as an officer, agent, or employee of a corporation or member of a partnership carrying on or em- ployed in such trade, shall store, acquire, or hold, or who shall destroy or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such commerce, whether temporarily or otherwise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a line of not more than $5,000 or by imprisonment for not more than two years, or both: Provided, That any storing or holding by any farmer, gardener, or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a storing or holding within the meaning of this Act: Provided further, That farmers and fruit growers, cooperative and other exchanges, or so- cieties of a similar character shall not be included within the provisions of this section: Provided further, That this section shall not be construed to prohibit the holding or accumulating of any such article by any such person in a quantity not in excess of the reasonable requirements of his business for a reasonable time or in a quantity reasonably required to furnish said articles produced in surplus quan- tities seasonably throughout the period of scant or no pro- duction. Nothing contained in this section shall be con- strued to repeal the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, com- monly known as the Sherman Antitrust Act. Sec. 27. That the President is authorized to procure, or aid in procuring, such stocks of nitrate of soda as he may determine to be necessary, and find available, for increas- ing agricultural production during the calendar years nine- teen hundred and seventeen and eighteen, and to dispose of the same for cash at cost, including all expenses connected therewith. For carrying out the purposes of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available immediately and until expended, the sum of $10,000,000, or so much thereof as may be necessary, and the President is author- ized to make such regulations, and to use such means and agencies of the Government, as, in his discretion, he may deem best. The proceeds arising from the disposition of the nitrate of soda shall go into the Treasury as miscel- laneous receipts. Approved, August 10, 1917. Act Providing for Second Liberty Loan, September 24, 1917. An Act To authorize an additional issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution nf the war. to extend additional credit to foreign Governments, and for other purposes. Be it enacted by the Senate and House of Representatives of tin- United States of America in Congress assembled, That the Secretary of the Treasury, with the approval of the President, is hereby authorized to borrow, from time to time, on the credit of the United States for the pur- poses of this Act, and to meet expenditures authorized for the national security and defense and other public purposes authorized by law, not exceeding in the aggregate $7.. r )38,94. r >.400, and to issue therefor bonds of the United States, in addition to the $2,000,000,000 bonds already is- sued or offered for subscription under authority of the Act approved April twenty-fourth, nineteen hundred and seven- teen. . . . The bonds herein authorized shall be in such form or forms and denomination or denominations and subject to such terms and conditions of issue, conversion, redemption, maturities, payment, and rate or rates of interest, not ex- ceeding four per centum per annum, and time or times of payment of interest, as the Secretary of the Treasury from time to time at or before the issue thereof may prescribe. The principal and interest thereof shall be payable in United States gold coin of the present standard of value. The bonds herein authorized shall from time to time first be offered at not less than par as a popular loan, under such regulations, prescribed by the Secretary of the Treas- ury from time to time, as will in his opinion give the peo- ple of the United States as nearly as may be an equal opportunity to participate therein, but he may make allot- ment in full upon applications for smaller amounts of bonds in advance of any date which he may set for the closing of subscriptions and may reject or reduce allot- ments upon later applications and applications for larger amounts, and may reject or reduce allotments upon appli- cations from incorporated banks and trust companies for their own account and make allotment in full or larger allotments to others, and may establish a graduated scale of allotments, and may from time to time adopt any or all of said methods, should any such action be deemed by him to be in the public interest: Provided, That such reduction or increase of allotments of such bonds shall be made under general rules to be prescribed by said Secretary and shall apply to all subscribers similarly situated. And any por- tion of the bonds so offered and not taken may be otherwise disposed of by the Secretary of the Treasury in such man- ner and at such price or prices, not less than par, as he may determine. . . . Sec. 4. That in connection with the issue of any series of bonds under the authority of section one of this Act the Secretary of the Treasury may determine that the bonds of such series shall be convertible as provided in or pursuant to this section, and. in any such case, he may make appro- priate provision to that end in offering for subscription the bonds of such series (hereinafter called convertible bonds). In any case of the issue of a series of convertible bonds, if a subsequent series of bonds (not including United States certificates of indebtedness, war savings certificates, and other obligations maturing not more than five years from the issue of such obligations, respectively) bearing in- terest at a higher rate shall, under the authority of this or any other Act, be issued by the United States before the termination of the war between the United States and the Imperial German Government, then the holders of such con- vertible bonds shall have the privilege, at the option of the several holders, at any time within such period, after the public offering of bonds of such subsequent series, and un- der such rules and regulations as the Secretary of the Treasury shall have prescribed, of converting their bonds, at par, into bonds bearing such higher rate of interest at such price not less than par as the Secretary of the Treas- ury shall have prescribed. . . . Section 5. That in addition to the bonds authorized by section one of this Act the Secretary of the Treasury is au- thorized to borrow from time to time, on the credit of the United States, for the purposes of this Act and to meet pub- lic expenditures authorized by law, such sum or sums as in his judgment may be necessary, and to issue therefor certi- ficates of indebtedness of the United States at not less than par in such form or forms and subject to such terms and conditions and at such rate or rates of interest as he may UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 19 prescribe; and each certificate so issued shall be payable at such time not exceeding one year from the date of its issue, and may be redeemable before maturity upon such terms and conditions, and the interest accruing thereon shall be payable at such time or times as the Secretary of the Treas- ury may prescribe. The sum of such certificates outstand- ing hereunder and under section six of said Act approved April twenty-fourth, nineteen hundred and seventeen, shall not at any one time exceed in the aggregate $4,000,000,000. Sec. 6. That in addition to the bonds authorized by sec- tion one of this Act and the certificates of indebtedness au- thorized by section five of this Act, the Secretary of the Treasury is authorized to borrow from time to time, on the credit of the United States, for the purposes of this Act and to meet public expenditures authorized by law, such sum or sums as in his judgment may be necessary, and to issue therefor, at such price or prices and upon such terms and conditions as he may determine, war-savings certificates of the United States on which interest to maturity may be discounted in advance at such rate or rates and computed in such manner as he may prescribe. Such war-savings cer- tificates shall be in such form or forms and subject to such terms and conditions, and may have such provisions for payment thereof before maturity, as the Secretary of the Treasury may prescribe. Each war-saving certificate so is- sued shall be payable at such time, not exceeding five years from the date of its issue, and may be redeemable before maturity, upon such terms and conditions as the Secretary of the Treasury may prescribe. The sum of such war- savings certificates outstanding shall not at any one time ex- ceed in the aggregate $2,000,000,000. The amount of war- savings certificates sold to any one person at any one time shall not exceed $100, and it shall not be lawful for any one person at any one time to hold war-savings certificates to an aggregate amount exceeding $1,000. The Secretary of the Treasury may, under such regulations and upon such terms and conditions as he may prescribe, issue, or cause to be issued, stamps to evidence payments for or on account of such certificates. Sec. 7. That none of the bonds authorized by section one, nor of the certificates authorized by section five, or by sec- tion six, of this Act, shall bear the circulation privilege. All such bonds and certificates shall be exempt, both as to principal and interest from all taxation now or hereafter imposed by the United States, any State, or any of the pos- sessions of the United States, or by any local taxing au- thority, except (a) estate or inheritance taxes, and (b) graduated additional income taxes, commonly known as sur- taxes, and excess profits and war-profits taxes, now or here- after imposed by the United States, upon the income or profits of individuals, partnerships, associations, or cor- porations. The interest on an amount of such bonds and certificates the principal of which does not exceed in the aggregate $5,000, owned by any individual, partnership, as- sociation, or corporation, shall be exempt from the taxes provided for in subdivision (b) of this section. . . . Sec. 9. That in connection with the operations of adver- tising, selling, and delivering any bonds, certificates of in- debtedness, or war-savings certificates of the United States provided for in this Act, the Postmaster General, under such regulations as he may prescribe, shall require, at the request of the Secretary of the Treasury, the employees of the Post Office Department and of the Postal Service to perform such services as may be necessary, desirable, or practicable, without extra compensation. Sec. 13. That for the purposes of this Act the date of the termination of the war between the United States and the Imperial German Government shall be fixed by proclama- tion of the President of the United States.* Approved, September 24, 1917. Act Creating an Aibcbaft Board, October 1, 1917. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of expanding and coordinating the in- dustrial activities relating to aircraft, or parts of aircraft, produced for any purpose in the United States, and to facil- itate generally the development of air service, a board is hereby created, to be known as the Aircraft Board, herein- after referred to as the board. Sec. 2. That the board shall number not more than nine in all, and shall include a civilian chairman, the Chief Sig- nal Officer of the Army, and two other officers of the Army, to be appointed by the Secretary of War; the Chief Con- structor of the Navy and two other officers of the Navy, to be appointed by the Secretary of the Navy; and two addi- tional civilian members. The chairman and civilian mem- bers shall be appointed by the President, by and with the advice and consent of the Senate. Sec. 3. That said board and tenure of office of the mem- bers thereof shall continue during the pleasure of the Presi- dent, but not longer than six months after the present war. The civilian members of the board shall serve without com- pensation. Sec. 4. That the board is hereby empowered, under the direction and control of and as authorized by the Secretary of War and the Secretary of the Navy, respectively, on be- half of the Departments of War and Navy, to supervise and direct, in accordance with the requirements prescribed or approved by the respective departments, the purchase, pro- duction, and manufacture of aircraft, engines, and all ordnance and instruments used in connection therewith, and accessories and materials therefor, including the purchase, lease, acquisition, or construction of plants for the manufac- ture of aircraft, engines, and accessories: Provided, That the board may make recommendations as to contracts and their distribution in connection with the foregoing, but every contract shall be made by the already constituted au- thorities of the respective departments. Sec. 5. That the board is also empowered to employ, either in the District of Columbia or elsewhere, such clerks and other employees as may be necessary to the conduct of its business, including such technical experts and advisers as may be found necessary, and to fix their salaries. Such salaries shall conform to those usually paid by the Gov- ernment for similar service: Provided, That by unanimous approval of the board higher compensation may be paid to technical experts and advisers. . . . Approved, October 1, 1917. Wab Revenue Act,i" October 3, 1917. An Act To provide revenue to defray war expenses, and for other purposes. Be it enacted by the Senate and House of Representative* of the United States of America in Congress assemble'!, Title I. — War Income Tax. Section 1. That in addition to the normal tax imposed by subdivision (a) of section one of the Act entitled "An Act to increase the revenue, and for other purposes," ap- proved September eighth, nineteen hundred and sixteen, o For proclamation concerning the loan, see p. 42. io It has been found impracticable to print here the entire act. The full text would occupy over forty pages. WAR REPRINTS, NO. 7. there shall be levied, assessed, collected, and paid a like normal tax of two per centum upon the income of every in- dividual, a citizen or resident of the United States, received in the calendar year nineteen hundred and seventeen and every calendar year thereafter. Sec. 2. That in addition to the additional tax imposed by subdivision (b) of section one of such Act of September eighth, nineteen hundred and sixteen, there shall be levied, assessed, collected, and paid a like additional tax upon the income of everj' individual received in the calendar year nineteen hundred and seventeen and every calendar year thereafter, as follows: One per centum per annum upon the amount by which the total net income exceeds $5,000 and does not exceed $7,500; Two per centum per annum upon the amount by which the total net income exceeds $7,500 and does not exceed $10,000; Three per centum per annum upon the amount by which the total net income exceeds $10,000 and does not exceed $12,500; Four per centum per annum upon the amount by which the total net income exceeds $12,500 and does not exceed $15,000; Five per centum per annum upon the amount by which the total net income exceeds $15,000 and does not exceed $20,000; Seven per centum per annum upon the amount by which the total net income exceeds $20,000 and does not exceed $40,000; Ten per centum per annum upon the amount by which the total net income exceeds $40,000 and does not exceed $60,000; Fourteen per centum per annum upon the amount by which the total net income exceeds $00,000 and does not exceed $80,000; Eighteen per centum per annum upon the amount by which the total net income exceeds $80,000 and does not exceed $100,000; Twenty-two per centum per annum upon the amount by which the total net income exceeds $100,000 and does not exceed $150,000; Twenty-five per centum per annum upon the amount by which the total net income exceeds $150,000 and does not exceed $200,000; Thirty per centum per annum upon the amount by which the total net income exceeds $200,000 and does not exceed $250,000; Thirty-four per centum per annum upon the amount by which the total net income exceeds $250,000 and does not exceed $300,000; Thirty-seven per centum per annum upon the amount by which the total net income exceeds $300,000 and does not exceed $500,000; Forty per centum per annum upon the amount by which the total net income exceeds $500,000 and does not exceed $750,000. Forty-five per centum per annum upon the amount by which the total net income exceeds $750,000 and does not exceed $1,000,000; Fifty per centum per annum upon the amount by which the total net income exceeds $1,000,000. Sec. 3. That the taxes imposed by sections one and two of this Act shall be computed, levied, assessed, collected, and paid upon the same basis and in the same manner as the similar taxes imposed by section one of such Act of September eighth, nineteen hundred and sixteen, except that in the case of the tax imposed by section one of this Act (a) the exemptions of $3,000 and $4,000 provided in sec- tion seven of such Act of September eighth, nineteen hun- dred and sixteen, as amended by this Act, shall be, re- spectively, $1,000 and $2,000, and (b) the returns required under subdivisions (b) and (c) of section eight of such Act as amended by this Act shall be required in the case of net incomes of $1,000 or over, in the case of unmarried persons, and $2,000 or over in the case of married persons, instead of $3,000 or over, as therein provided, and (c) the provi- sions of subdivision (c) of section nine of such Act, as amended by this Act, requiring the normal tax of indi- viduals on income derived from interest to be deducted and withheld at the source of the income shall not apply to the new two per centum normal tax prescribed in section one of this Act until on and after January first, nineteen hun- dred and eighteen, and thereafter only one two per centum normal tax shall be deducted and withheld at the source un- der the provisions of such subdivision (c), and any further normal tax for which the recipient of such income is liable under this Act or such Act of September eighth, nineteen hundred and sixteen, as amended by this Act, shall be paid by such recipient. Sec. 4. That in addition to the tax imposed by sub- division (a) of section ten of such Act of September eighth, nineteen hundred and sixteen, as amended by this Act, there shall be levied, assessed, collected, and paid a like tax of four per centum upon the income received in the calendar year nineteen hundred and seventeen and every calendar year thereafter, by every corporation, joint-stock company or association, or insurance company, subject to the tax im- posed by that subdivision of that section, except that if it has fixed its own fiscal year, the tax imposed by this section for the fiscal year ending during the calendar year nineteen hundred and seventeen shall be levied, assessed, collected, and paid only on that proportion of its income for such fis- cal year which the period between January first, nineteen hundred and seventeen, and the end of such fiscal year bears to the whole of such fiscal year. The tax imposed by this section shall be computed, levied, assessed, collected, and paid upon the same incomes and in the same manner as the tax imposed by subdivision (a) of section ten of such Act of September eighth, nine- teen hundred and sixteen, as amended by this Act, except that for the purpose of the tax imposed by this section the income embraced in a return of a corporation, joint-stock company or association, or insurance company, shall be credited with the amount received as dividends upon the stock or from the net earnings of any other corporation, joint-stock company or association, or insurance company, which is taxable upon its net income as provided in this title. Sec. 5. That the provisions of this title shall not extend to Porto Rico or the Philippine Islands, and the Porto Rican or Philippine Legislature, shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Porto Rico or the Philippine Islands, respectively. Title II. — Wak Excess Profits Tax. Sec. 200. That when used in this title — The term " corporation " includes joint-stock companies or associations and insurance companies; The term " domestic " means created under the law of the United States, or of any State, Territory, or District thereof, and the term " foreign " means created under the law of any other possession of the United States or of any foreign country or government; UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 21 The term " United States " means only the States, the Territories of Alaska and Hawaii, and the District of Columbia; The term " taxable year " means the twelve months end- ing December thirty-first, excepting in the case of a cor- poration or partnership which has fixed its own fiscal year, in which case it means such fiscal year. The first taxable year shall be the year ending December thirty-first, nine- teen hundred and seventeen, except that in the case of a cor- poration or partnrship which has fixed its own fiscal year, it shall be the fiscal year ending during the calendar year nineteen hundred and seventeen. If a corporation or part- nership, prior to March first, nineteen hundred and eighteen, makes a return covering its own fiscal year, and includes therein the income received during that part of the fiscal year falling within the calendar year nineteen hundred and sixteen, the tax for such taxable year shall be that pro- portion of the tax computed upon the net income during such full fiscal year which the time from January first, nineteen hundred and seventeen, to the end of such fiscal year bears to the full fiscal year; and The term " prewar period " means the calendar years nineteen hundred and eleven, nineteen hundred and twelve, and nineteen hundred and thirteen, or, if a corporation or partnership was not in existence or an individual was not engaged in a trade or business during the whole of such period, then as many of such years during the whole of which the corporation or partnership was in existence or the individual was engaged in the trade or business. The terms " trade " and " business " include professions and occupations. The term " net income " means in the case of a foreign corporation or partnership or a nonresident alien indi- vidual, the net income received from sources within the United States. Sec. 201. That in addition to the taxes under existing law and under this act there shall be levied, assessed, col- lected, and paid for each taxable year upon the income of every corporation, partnership, or individual, a tax (here- inafter in this title referred to as the tax) equal to the following percentages of the net income: Twenty per centum of the amount of the net income in excess of the deduction (determined as hereinafter pro- vided ) and not in excess of fifteen per centum of the in- vested capital for the taxable year; Twenty-five per centum of the amount of the net income in excess of fifteen per centum and not in excess of twenty per centum of such capital; Thirty-five per centum of the amount of the net income in excess of twenty per centum and not in excess of twenty- five per centum of such capital ; Forty-five per centum of the amount of the net income in excess of twenty-five per centum and not in excess of thirty -three per centum of such capital; and Sixty per centum of the amount of the net income in ex- cess of thirty-three per centum of such capital. For the purpose of this title every corporation or part- nership not exempt under the provisions of this section shall be deemed to be engaged in business, and all the trades and businesses in which it is engaged shall be treated as a single trade or business, and all its income from whatever source derived shall be deemed to be received from such trade or business. This title shall apply to all trades or businesses of what- ever description, whether continuously carried on or not, except — (a) In the case of officers and employees under the United States, or any State, Territory, or the District of Columbia, or any local subdivision thereof, the compensa- tion or fees received by them as such officers or employees; (b) Corporations exempt from tax under the provisions of section eleven of Title 1 of such Act of September eighth, nineteen hundred and sixteen, as amended by this Act, and partnerships and individuals carrying on or doing the same business, or coming within the same description; and (c) Incomes derived from the business of life, health, and accident insurance combined in one policy issued on the weekly premium payment plan. Sec. 202. That the tax shall not be imposed in the case of the trade or business of a foreign corporation or partner- ship or a nonresident alien individual, the net income of which trade or business during the taxable year is less than $3,000. Sec. 203. That for the purposes of this title the deduc- tion shall be as follows, except as otherwise in this title provided — (a) In the case of a domestic corporation, the sum of ( 1 ) an amount equal to the same percentage of the invested capital for the taxable year which the average amount of the annual net income of the trade or business during the prewar period was of the invested capital for the prewar period (but not less than seven or more than nine per cen- tum of the invested capital for the taxable year), and (2) $3,000; (b) In the case of a domestic partnership or of a citizen or resident of the United States, the sum of ( 1 ) an amount equal to the same percentage of the invested capital for the taxable year which the average amount of the annual net income of the trade or business during the prewar period was of the invested capital for the prewar period (but not less than seven or more than nine per centum of the invested capital for the taxable year), and (2) $6,000; (c) In the case of a foreign corporation or partnership or of a nonresident alien individual, an amount ascertained in the same manner as provided in subdivisions (a) and (b) without any exemption of $3,000 or $6,000; (d) If the Secretary of the Treasury is unable satisfac- torily to determine the average amount of the annual net income of the trade or business during the prewar period, the deduction shall be determined in the same manner as provided in section two hundred and five. Sec. 204. That if a corporation or partnership was not in existence, or an individual was not engaged in the trade or business, during the whole of any one calendar year during the prewar period, the deduction shall be an amount equal to eight per centum of the invested capital for the taxable year, plus in the case of a domestic corporation $3,000, and in the case of a domestic partnership or a citi- zen or resident of the United States $6,000. A trade or business carried on by a corporation, partner- ship, or individual, although formally organized or reor- ganized on or after January second, nineteen hundred and thirteen, which is substantially a continuation of a trade or business carried on prior to that date, shall, for the pur- poses of this title, be deemed to have been in existence prior to that date, and the net income and invested capital of its predecessor prior to that date shall be deemed to have been its net income and invested capital. . . . Sec. 213. That the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make all necessary regulations for carrying out the provi- sions of this title, and may require any corporation, part- nership, or individual, subject to the provisions of this title, to furnish him with such facts, data, and information as in his judgment are necessary to collect the tax imposed by this title. . . . WAR REPRINTS.. NO. 7. Title III. — War Tax on Beverages. Sec. 300. That on and after the passage of this Act there shall be levied and collected on all distilled spirits in bond at that time or that have been or that may be then or thereafter produced in or imported into the United States, except such distilled spirits as are subject to the tax pro- vided in section three hundred and three, in addition to the tax now imposed by law, a tax of .$1.10 (or, if withdrawn for beverage purposes or for use in the manufacture or pro- duction of any article used or intended for use as a bever- age, a tax of $2.10) on each proof gallon, or wine gallon when below proof, and a proportionate tax at a like rate on all fractional parts of such proof or wine gallon, to be paid by the distiller or importer when withdrawn, and col- lected under the provisions of existing law. That in addition to the tax under existing law there shall be levied and collected upon all perfumes hereafter im- ported into the United States containing distilled spirits, a tax of $1.10 per wine gallon, and a proportionate tax at a like rate on all fractional parts of such wine gallon. Such a tax shall be collected by the collector of customs and de- posited as internal-revenue collections, under such rules and regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may pre- scribe. Sec. 301. That no distilled spirits produced after the passage of this Act shall be imported into the United States from any foreign country, or from the West Indian Islands recently acquired from Denmark (unless produced from products the growth of such islands, and not then into any State or Territory or District of the United States in which the manufacture or sale of intoxicating liquor is pro- hibited), or from Porto Rico, or the Philippine Islands. Under such rules, regulations, and bonds as the Secretary of the Treasury may prescribe, the provisions of this sec- tion shall not apply to distilled spirits imported for other than (1) beverage purposes or (2) use in the manufacture or production of any article used or intended for use as a beverage. . . . Sec. 313. That there shall be levied, assessed, collected, and paid — (a) Upon all prepared sirups or extracts (intended for use in the manufacture or production of beverages, com- monly known as soft drinks, by soda fountains, bottling establishments, and other similar places) sold by the man- ufacturer, producer, or importer thereof, if so sold for not more than $1.30 per gallon, a tax of 5 cents per gallon; if so sold for more than $1.30 and not more than $2 per gal- lon, a tax of 8 cents per gallon ; if so sold for more than $2 and not more than $3 per gallon, a tax of 10 cents per gallon; if so sold for more than $3 and not more than $4 per gallon, a tax of 15 cents per gallon; and if so sold for more than $4 per gallon, a tax of 20 cents per gallon; and (b) Upon all unfermented grape juice, soft drinks or ar- tificial mineral waters (not carbonated), and fermented liquors containing less than one-half per centum of alco- hol, sold by the manufacturer, producer, or importer there- of, in bottles or other closed containers, and upon all ginger ale, root beer, sarsaparilla, pop, and other carbonated waters or beverages, manufactured and sold by the manu- facturer, producer, or importer of the carbonic acid gas used in carbonating the same, a tax of 1 cent per gallon; and (c) Upon all natural mineral waters or table waters, sold by the producer, bottler, or importer thereof, in bottles or other closed containers, at over 10 cents per gallon, a tax of 1 cent per gallon. . . . Sec. 315. That upon all carbonic acid gas in drums or other containers (intended for use in the manufacture or production of carbonated water or other drinks) sold by the manufacturer, producer, or importer thereof, there shall be levied, assessed, collected, and paid a tax of 5 cents per pound. Such tax shall be paid by the purchaser to the vendor thereof and shall be collected, returned, and paid to the United States by such vendor in the same manner as provided in section five hundred and three. Title IV. — Wab Tax on Cigars, Tobacco, and Manu- factures Thereof. Sec. 400. That upon cigars and cigarettes, which shall be manufactured and sold, or removed for consumption or sale, there shall be levied and collected, in addition to the taxes now imposed by existing law, the following taxes, to be paid by the manufacturer or importer thereof: (a) on cigars of all descriptions made of tobacco, or any substi- tute therefor, and weighing not more than three pounds per thousand, 25 cents per thousand; (b) on cigars made of tobacco, or any substitute therefor, and weighing more than three pounds per thousand, if manufactured or im- ported to retail at 4 cents or more each, and not more than 7 cents each, $1 per thousand; (c) if manufactured or im- ported to retail at more than 7 cents each and not more than 15 cents each, $3 per thousand; (d) if manufactured or imported to retail at more than 15 cents each and not more than 20 cents each, $5 per thousand; (e) if manufac- tured or imported to retail at more than 20 cents each, $7 per thousand : Provided, That the word " retail " as used in this section shall mean the ordinary retail price of a single cigar, and that the Commissioner of Internal Revenue may, by regulation, require the manufacturer or importer to affix to each box or container a conspicuous label indicating by letter the clause of this section under which the cigars therein contained have been tax-paid, which must corre- spond with the tax-paid stamp on said box or container; (f ) on cigarettes made of tobacco, or any substitute there- for, made in or imported into the United States, and weighing not more than three pounds per thousand, 80 cents per thousand; weighing more than three pounds per thousand, $1.20 per thousand. . . . Sec. 401. That upon all tobacco and snulT hereafter man- ufactured and sold, or removed for consumption or use, there shall be levied and collected, in addition to the tax now imposed by law upon such articles, a tax of 5 cents per pound, to be levied, collected, and paid under the pro- visions of existing law. . . . Title V. — War Tax on Facilities Furnished by Pubiic Utilities, and Insurance. Sec. 500. That from and after the first day of Novem- ber, nineteen hundred and seventeen, there shall be levied, assessed, collected, and paid (a) a tax equivalent to three per centum of the amount paid for the transportation by rail or water or by any form of mechanical motor power when in competition with carriers by rail or water of property by freight consigned from one point in the United States to another; (b) a tax of 1 cent for each 20 cents, or fraction thereof, paid to any person, corporation, partner- ship, or association, engaged in the business of transport- ing parcels or packages by express over regular routes he- tween fixed terminals, for the transportation of any pack- age, parcel, or shipment by express from one point in the United States to another: Provided, That nothing herein contained shall he construed to require the carrier collect- ing such tax to list separately in any bill of lading, freight receipt, or other similar document, the amount of the tax herein levied, if the total amount of the freight and tax be therein stated: (c) a tax equivalent to eight per centum of UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 23 tlie amount paid for the transportation of persons by rail or water, or by any form of mechanical motor power ou a regular established line when in competition with carriers by rail or water, from one point in the United States to another or to any point in Canada or Mexico, where the ticket therefor is sold or issued in the United States, not including the amount paid for commutation, or season tickets for trips less than thirty miles, or for transporta- tion the fare for which does not exceed 35 cents, and a tax equivalent to ten per centum of the amount paid for seats, berths, and staterooms in parlor cars, sleeping cars, or on vessels. . . . Sec. 502. That no tax shall be imposed under section five hundred upon any payment received for services rendered to the United States, or any State, Territory, or the District of Columbia. The right to exemption under this section shall be evidenced in such manner as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation prescribe. . . . Sec. 504. That from and after the first day of November, nineteen hundred and seventeen, there shall be levied, as- sessed, collected, and paid the following taxes on the issu- ance of insurance policies: (a) Life insurance: A tax equivalent to 8 cents on each $100 or fractional part thereof of the amount for which any life is insured under any policy of insurance, or other instrument, by whatever name the same is called: Providtd, That on all policies for life insurance only by which a life is insured not in excess of $500, issued on the industrial or weekly-payment plan of insurance, the tax shall be forty per centum of the amount of the first weekly premium: Provided further, That policies of reinsurance shall be ex- empt from the tax imposed by this subdivision; (b) Marine, inland, and fire insurance: A tax equivalent to 1 cent on each dollar or fractional part thereof of the premium charged under each policy of insurance or other instrument by whatever name the same is called whereby insurance is made or renewed upon property of any de- scription (including rents or profits), whether against peril by sea or inland waters, or by fire or lightning, or other peril: Provided, That policies of reinsurance shall be ex- empt from the tax imposed by this subdivision ; (c) Casualty insurance: A tax equivalent to 1 cent on each dollar or fractional part thereof of the premium charged under each policy of insurance or obligation of the nature of indemnity for loss, damage, or liability (except bonds taxable under subdivision two of schedule A of Title VIII) issued or executed or renewed by any person, cor- poration, partnership, or association, transacting the busi- ness of employer's liability, workmen's compensation, acci- dent, health, tornado, plate glass, steam boiler, elevator, burglary, automatic sprinkler, automobile, or other branch of insurance (except life insurance, and insurance de- scribed and taxed in the preceding subdivision): Provided, That policies of reinsurance shall be exempt from the tax imposed by this subdivision; (d) Policies issued by any person, corporation, partner- ship, or association, whose income is exempt from taxation under Title I of the Act entitled "An Act to increase the revenue, and for other purposes," approved September eighth, nineteen hundred and sixteen, shall be exempt from the taxes imposed by this section. . . . Title VI.— War Excise Taxes. Sec. (iOO. That there shall be levied, assessed, collected, and paid — (a) Upon all automobiles, automobile trucks, automobile wagons, and motorcycles, sold by the manufacturer, pro- ducer, or importer, a tax equivalent to three per centum of the price for which so sold ; and (b) Upon all piano players, graphophones, phonographs, talking machines, and records used in connection with any musical instruments, piano player, graphophone, phono- graph, or talking machine, sold by the manufacturer, pro- ducer, or importer, a tax equivalent to three per centum of the price for which so sold ; and (c) Upon all moving-picture films (which have not been exposed) sold by the manufacturer or importer a tax equiv- alent to one-fourth of 1 cent per linear foot; and (d) Upon all positive moving-picture films (containing a picture ready for projection ) sold or leased by the manu- facturer, producer, or importer, a tax equivalent to one-half of 1 cent per linear foot ; and (e) Upon any article commonly or commercially known as jewelry, whether real or imitation, sold by the manufac- turer, producer, or importer thereof, a tax equivalent to three per centum of the price for which so sold ; and (f) Upon all tennis rackets, golf clubs, baseball bats, lacrosse sticks, balls of all kinds, including baseballs, foot balls, tennis, golf, lacrosse, billiard and pool balls, fishing rods and reels, billiard and pool tables, chess and checker boards and pieces, dice, games and parts of games, except playing cards and children's toys and games, sold by the manufacturer, producer, or importer, a tax equivalent to three per centum of the price for which so sold ; and (g) Upon all perfumes, essences, extracts, toilet waters, cosmetics, petroleum jellies, hair oils, pomades, hair dress- ings, hair restoratives, hair dyes, tooth and mouth washes, dentifrices, tooth pastes, aromatic cachous, toilet soaps and powders, or any similar substance, article, or preparation by whatsoever name known or distinguished, upon all of the above which are used or applied or intended to be used or applied for toilet purposes, and which are sold by the manufacturer, importer, or producer, a tax equivalent to two per centum of the price for which so sold; and (h) Upon all pills, tablets, powders, tinctures, troches or lozenges, sirups, medicinal cordials or bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters (except those taxed under section three hundred and thirteen of this Act), essences, spirits, oils, and all medicinal preparations, compounds, or compositions what- soever, the manufacturer or producer of which claims to have any private formula, secret, or occult art for making or preparing the same, or has or claims to have any exclu- sive right or title to the making or preparing the same, or which are prepared, uttered, vended, or exposed for sale under any letters patent, or trade-mark, or which, if pre- pared by any formula, published or unpublished, are held out or recommended to the public by the makers, venders, or proprietors thereof as proprietary medicines cr medicinal proprietary articles or preparations, or as remedies or specifics for any disease, diseases, or affection whatever affecting the human or animal body, and which are sold by the manufacturer, producer, or importer, a tax equivalent to two per centum of the price for which so sold : and (i) Upon all chewing gum or substitute therefor sold by the manufacturer, producer, or importer, a tax equiva- lent to two per centum of the price for which so sold; and (j) Upon all cameras sold by the manufacturer, pro- ducer, or importer, a tax equivalent to three per centum of the price for which so sold. . . . Sec. 603. That on the day this Act takes effect, and thereafter on July first in each year, and also at the time of the orignal purchase of a new boat by a user, if on any other date than July first, there shall be levied, assessed, collected, and paid, upon the use of yachts, pleasure boats, 21 WAR REPRINTS, NO. power boats, and sailing boats, of over five net tons, and motor boats with fixed engines, not used exclusively for trade or national defense, or not built according to plans and specifications approved by the Navy Department, an excise tax to be based on each yacht or boat, at rates as fol- lows: Yachts, pleasure boats, power boats, motor boats with fixed engines, and sailing boats, of over five net tons, length not over fifty feet, 50 cents for each foot, length over fifty feet and not over one hundred feet, $1 for each foot, length over one hundred feet, $2 for each foot ; motor boats of not over five net tons with fixed engines, $5. In determining the length of such yachts, pleasure boats, power boats, motor boats with fixed engines, and sailing boats, the measurement of over-all length shall govern. In the case of a tax imposed at the time of the original purchase of a new boat on any other date than July first, the amount to be paid shall be the same number of twelfths of the amount of the tax as the number of calendar mouths, including the month of sale, remaining prior to the follow- ing July first. Title VII. — War Tax on Admissions and Dues. Sec. TOO. That from and after the first day of November, nineteen hundred and seventeen, there shall be levied, as- sessed, collected, and paid (a I a tax of 1 cent for each 10 cents or fraction thereof of the amount paid for admission to any place, including admission by season ticket or sub- scription, to be paid by the person paying for such admis- sion: Provided, That the tax on admission of children un- der twelve years of age where an admission charge for such children is made shall in every case be 1 cent; and (b) in the case of persons (except bona fide employees, municipal officers on official business, and children under twelve years of age) admitted free to any place at a time when and un- der circumstances under which an admission charge is made to other persons of the same class, a tax of 1 cent for \!ach 10 cents or fraction thereof of the price so charged to such other persons for the same or similar accommodations, to be paid by the person so admitted; and (c) a tax of 1 cent for each 10 cents or fraction thereof paid for admission to any public performance for profit at any cabaret or other similar entertainment to which the charge for admission is wholly or in part included in the price paid for refresh- ment, service, or merchandise; the amount paid for such admission to be computed under rules prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, such tax to be paid by the person paying for such refreshment, service, or merchan- dise. . . . These taxes shall not be imposed in the case of a place the maximum charge for admission to which is a cents, or in the case of shows, rides, and other amusements (the maximum charge for admission to which is 10 cents) within outdoor general amusement parks, or in the case of admissions to such parks. No fax shall be levied under this title in respect to any admissions all the proceeds of which inure exclusively to the benefit of religious, educational, or charitable institu- is, societies, or organizations, or admissions to agricul- tural fairs none of the profits of which are distributed to kholders or members of the association conducting the same. The term " admission " as used in this title includes seats and tahles, reserved or otherwise, and other similar accom- modations, and the charges made therefor. Sec. 701. That from and after the first day of November, nineteen hundred and seventeen, there shall be levied, as- sessed, collected, and paid, a tax equivalent to ten per cen- tum of any amount paid as dues or membership fees (in- cluding initiation fees), to any social, athletic, or sporting club or organization, where such dues or fees are in excess of $12 per year; such taxes to be paid by the person pay- ing such dues or fees: Provided, That there shall be ex- empted from the provisions of this section all amounts paid as dues or fees to a fraternal beneficiary society, order, or association, operating under the lodge system or for the ex- clusive benefit of the members of a fraternity itself operat- ing under the lodge system, and providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents. Title VIII. — Wae Stamp Taxes. Sec. 800. That on and after the first day of December, nineteen hundred and seventeen, there shall be levied, col- lected, and paid, for and in respect of the several bonds, debentures, or certificates of stock and of indebtedness, and other documents, instruments, matters, and things men- tioned and described in Schedule A of this title, or for or in respect of the vellum, parchment, or paper upon which such instruments, matters, or things, or any of them, are written or printed, by any person, corporation, partnership, or association who makes, signs, issues, sells, removes, con- signs, or ships the same, or for whose use or benefit the same are made, signed, issued, sold, removed, consigned, or shipped, the several taxes specified in such schedule. , . . [The stamp taxes imposed range from one cent up.] Title IX. — Wae Estate Tax. Sec. 900. That in addition to the tax imposed by section two hundred and one of the Act entitled "An Act to in- crease the revenue, and for other purposes," approved Sep- tember eighth, nineteen hundred and sixteen, as amended — (a) A tax equal to the following percentages of its value is hereby imposed upon the transfer of each net estate of every decedent dying after the passage of this Act, the transfer of which is taxable under such section (the value of such net estate to be determined as provided in Title II of such Act of September eighth, nineteen hundred and six- teen ) : One-half of one per centum of the amount of such net estate not in excess of $50,000; One per centum of the amount by which such net estate exceeds $50,000 and does not exceed $150,000; One and one-half per centum of the amount by which such net estate exceeds $150,000 and does not exceed $250,000; Two per centum of the amount by which such net estate exceeds $250,000 and does not exceed $450,000. Two and one-half per centum of the amount by which such net estate exceeds $450,000 and does not exceed $1,000,000; Three per centum of the amount by which such net estate exceeds $1,000,000 and does not exceed $2,000,000; Three and one-half per centum of the amount by which such net. estate exceeds $2,000,000 and does not exceed $3,000,000; Four per centum of the amount by which such net estate exceeds $o,000,000 and does not exceed $4,000,000; Four and one-half per centum of the amount by which such net estate exceeds $4,000,000 and does not exceed $5,000,000; Five per centum of the amount by which such net estate exceeds $5,000,000 and does not exceed $S,000,000; Seven per centum of the amount by which such net estate exceeds $8,000,000 and does not exceed $10,000,000; and Ten per centum of the amount by which such net estate exceeds $10,000,000. UNITED STATES STATUTES RELATING TO WAR CONDITIONS. Sec. 901. That the tax imposed by this title shall not apply to the transfer of the net estate of any decedent dying while serving in the military or naval forces of the United States, during the continuance of the war in which the United States is now engaged, or if death results from injuries received or disease contracted in such service, within one year after the termination of such war. For the purposes of this section the termination of the war shall be evidenced by the proclamation of the President. Title X. — Administrative Provisions. [Omitted.] Title XI. — Postal Rates. Sec. 1100. That the rate of postage on all mail matter of the first class, except postal cards, shall thirty days after the passage of this Act be, in addition to the existing rate, 1 cent for each ounce or fraction thereof: Provided, That the rate of postage on drop letters of the first class shall be 2 cents an ounce or fraction thereof. Postal cards, and pri- vate mailing or post cards when complying with the re- quirements of existing law, shall be transmitted through the mails at 1 cent each in addition to the existing rate. That letters written and mailed by soldiers, sailors, and marines assigned to duty in a foreign country engaged in the present war may be mailed free of postage, subject to such rules and regulations as may be prescribed by the Postmaster General. Sec. 1101. That on and after July first, nineteen hun- dred and eighteen, the rates of postage on publications en- tered as second-class matter (including sample copies to the extent of ten per centum of the weight of copies mailed to subscribers during the calendar year) when sent by the publisher thereof from the post office of publication or other post office, or when sent by a news agent to actual sub- scribers thereto, or to other news agents for the purpose of sale: (a) In the case of the portion of such publication de- voted to matter other than advertisements, shall be as fol- lows: (1) On and after July first, nineteen hundred and eighteen, and until July first, nineteen hundred and nine- teen, IVi cents per pound cr fraction thereof; (2) on and after July first, nineteen hundred and nineteen, 1% cents per pound or fraction thereof. (b) In the case of the portion of such publication de- voted to advertisements the rates per pound or fraction thereof for delivery within the several zones applicable to fourth-class matter shall be as follows (but where the space devoted to advertisements does not exceed five per centum of the total space, the rate of postage shall be the same as if the whole of such publication was devoted to matter other than advertisements): (1) On and after July first, nine- teen hundred and eighteen, and until July first, nineteen hundred and nineteen, for the first and second zones. 1 \ t cents; for the third zone, 1% cents; for the fourth zone, 2 cents; for the fifth zone, 2 1 ,4 cents; for the sixth zone, 2% cents; for the seventh zone, 3 cents; for the eighth zone, 3% cents; (2) on and after July first, nineteen hundred and nineteen, and until July first, nineteen hundred and twenty, for the first and second zones, 1% cents; for the third zone, 2 cents; for the fourth zone, 3 cents; for the fifth zone, 3% cents; for the sixth zone, 4 cents; for the seventh zone, 5 cents; for the eighth zone, 5% cents; (3) on and after July first, nineteen hundred and twenty, and until July first, nineteen hundred and twenty-one, for the first and second zones, 1% cents; for the third zone, 2% cents; for the fourth zone, 4 cents; for the fifth zone, 4% cents; for the sixth zone, 5Vs cents; for the seventh zone, 7 cents; for the eight zone, 7% cents; (4) on and after July first, nineteen hundred and twenty-one, for the first and second zones, 2 cents ; for the third zone, 3 cents ; for the fourth zone, 5 cents; for the fifth zone, 6 cents; for the sixth zone, 7 cents; for the seventh zone, 9 cents; for the eighth zone, 10 cents; (c) With the first mailing of each issue of each such publication, the publisher shall file with the postmaster a copy of such issue, together with a statement containing such information as the Postmaster General may prescribe for determining the postage chargeable thereon. . . . Title XII. — Income Tax Amendments. i Sec. 1203. (1) That section seven of such Act of Sep- tember eighth, nineteen hundred and sixteen, is hereby amended to read as follows: " Sec. 7. That for the purpose of the normal tax only, there shall be allowed as an exemption in the nature of a deduction from the amount of the net income of each citi- zen or resident of the United States, ascertained as pro- vided herein, the sum of $3,000, plus $1,000 additional if the person making the return be a head of a family or a married man with a wife living with him, or plus the sum of $1,000 additional if the person making the return be a married woman with a husband living with her; but in no event shall this additional exemption of $1,000 be deducted by both a husband and a wife: Provided, That only one de- duction of $-4,000 shall be made from the aggregate income of both husband and wife when living together: Provided further, That if the person making the return is the head of a family there shall be an additional exemption of $200 for each child dependent upon such person, if under eighteen years of age, or if incapable of self-support because mentally or physically defective, but this provision shall operate only in the case of one parent in the same family: Provided further, That guardians or trustees shall be al- lowed to make this personal exemption as to income derived from the property of which such guardian or trustee has charge in favor of each ward or cestui que trust: Provided further, That in no event shall a ward or cestui que trust be allowed a greater personal exemption than as provided in this section, from the amount of net income received from all sources. There shall also be allowed an exemption from the amount of the net income of estates of deceased citizens or residents of the United States during the period of administration or settlement, and of trust or other estates of citizens or residents of the United States the income of which is not distributed annually or regularly under the provisions of subdivision (b) of section two, the sum of $3,000, including such deductions as are allowed under sec- tion five." . . . " Sec. 28. That all persons, corporations, partnerships, associations, and insurance companies, in whatever capacity acting, including lessees or mortgagors of real or personal property, trustees acting in any trust capacity, executors, administrators, receivers, conservators, and employers, making payment to another person, corporation, partner- ship, association, or insurance company, of interest, rent, salaries, wages, premiums, annuities, compensation, re- muneration, emoluments, or other fixed or determinable gains, profits, and income (other than payments described in sections twenty-six and twenty-seven ) , of $S00 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and re- quired to make returns in regard thereto by the regulations hereinafter provided for, are hereby authorized and re- quired to render a true and accurate return to the Com- missioner of Internal Revenue, under such rules and regu- lations and in such form and manner as may be prescribed WAR REPRINTS, NO. 7. by him, with the approval of the Secretary of the Treas- ury, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment." . . . Approved, October 3, 1917. Act Permitting Foreign Vessels to Enter Coastwise Trade, October 0, 1917. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the present war with Germany and for a period of one hundred and twenty days thereafter the United States Shipping Board may, if in its judgment the interests of the United States require, suspend the present provisions of law and permit vessels of foreign registry, and foreign-built vessels admitted to American registry under the Act of August eighteenth, nineteen hundred and four- teen, to engage in the coastwise trade of the United States: Provided, That no such vessel shall engage in the coastwise trade except upon a permit issued by the United States Shipping Board, which permit shall limit or define the scope of the trade and the time of such employment: Pro- vided further. That in issuing permits the board shall give preference to vessels of foreign registry owned, leased, or chartered by citizens of the United States or corporations thereof: And provided further. That the provisions of this Act shall not apply to the coastwise trade with Alaska or between Alaskan ports. Approved, October 0, 1917. Act to Prevent the Publication of Certain Inventions, October C, 1917. lie it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of Pat- ents be detrimental to the public safety or defense or might t. the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the war: Provided, That the invention disclosed in the applica- tion for said patent may be held abandoned upon it being established before or by the commissioner that in violation of said order said invention has been published or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representa- tives, without the consent or approval of the Commissioner of Patents, or under a license of the Secretary of Commerce as provided by law. When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the Com- missioner of Patents above referred to shall tender his in- vention to the Government of the United States for its use, he shall, if and when he ultimately received a patent, have (lie right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government. Approved. October 0, 1917. Was P.i.sk Insurance Act, October 6, 1917. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asembled, That the first section of the Act entitled "An Act to au- thorize the establishment of a Bureau of War Risk Insur- ance in the Treasury Department." approved September second, nineteen hundred and fourteen, as amended, is herein- amended to read as follows: " Article I. " Section 1. That there is established in the Treasury Department a Bureau to be known as the Bureau of War Risk Insurance, the director of which shall receive a salary at the rate of $5,000 per annum. " That there be in such bureau a Division of Marine and Seamen's Insurance and a Division of Military and Naval Insurance in charge of a commissioner of Marine and Sea- men's Insurance and a commissioner of Military and Naval Insurance, respectively, each of whom shall receive a salary of $4,000 per annum." . . . Article II. allotments and family allowances. Sec. 200. That the provisions of this article shall apply to all enlisted men in the military or naval forces of the United States. Sec. 201. That allotment of pay shall, subject to the conditions, limitations, and exceptions hereinafter specified, be compulsory as to wife, a former wife divorced who has not remarried and to whom alimony has been decreed, and a child, and voluntary as to any other person; but on the written consent of the wife or former wife divorced, sup- ported by evidence satisfactory to the bureau of her ability to support herself and the children in her custody, the allot- ment for her and for such children may be waived; and on the enlisted man's application or otherwise for good cause shown, exemption from the allotment may be granted upon such conditions as may be prescribed by regula- tions. . . . Sec. 202. That the enlisted man may allot any propor- tion or proportions or any fixed amount or amounts of his monthly pay or of the proportion thereof remaining after the compulsory allotment, for such purposes and for the benefit of such person or persons as he may direct, subject, however, to such conditions and limitations as may be pre- scribed under regulations to be made by the Secretary of War and the Secretary of the Navy, respectively. Sec. 203. That in case one-half of an enlisted man's monthly pay is not allotted, regulations to be made by the Secretary of War and the Secretary of the Navy, respec- tively, may require, under such circumstances and condi- tions as may lie prescribed in such regulations, that any proportion of such one-half pay as is not allotted shall be deposited to his credit, to be held during such period of his service as may be prescribed. Such deposits shall bear in- terest at the rate of four per centum per annum, with semi- annual rests and, when payable, shall be paid principal and interest to the enlisted man, if living, otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to the person or persons who would under the laws of the State of his residence be entitled to his personal property in case of intestacy. Sec. 204. That a family allowance of not exceeding i'oO per month shall be granted and paid by the United States upon written application to the bureau by such enlisted man or by or on behalf of any prospective beneficiary, in accordance with and subject to the conditions, limitations, and exceptions hereinafter specified. The family allowance shall be paid from the time of en- listment to death in or one month after discharge from the service, but not for more than one month after the termina- tion of the present war emergency. No family allowance shall be made for any period preceding November first, nineteen hundred and seventeen. The payment shall be subject to such regulations as may be prescribed relative to cases of desertion and imprisonment and of missing men UNITED STATES STATUTES RELATING TO WAR CONDITIONS. Subject to the conditions, limitations, and exceptions hereinabove and hereinafter specified, the family allowance payable per month shall be as follows: Class A. In the case of a man, to his wife (including a former wife divorced) and to his child or children: (a) If there be a wife but no child, $15. (b) If there be a wife and one child, $25. (c) If there be a wife and two children, $32.50, with $5 per month additional for each additional child. (d) If there be no wife, but one child, $5. (e) If there be no wife, but two children, $12.50. (f) If there be no wife, but three children, $20. (g) If there be no wife, but four children, $30, with $5 per month additional for each additional child. Class B. In the case of a man or woman, to a grandchild, a parent, brother, or sister: (a) If there be one parent, $10. (b) If there be two parents, $20. (c) For each grandchild, brother, sister, and additional parent, $5. In the case of a woman, to a child or children: (d) If there be one child, $5. (e) If there be two children, $12.50. (f) If there be three children, $20. (g) If there be four children, $30, with $5 per month additional for each additional child. . . . Article III. COMPENSATION FOR DEATH OR DISABILITY. Sec. 300. That for death or disability resulting from personal injury suffered or disease contracted in the line of duty, by any commissioned officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided ; but no compensation shall be paid if the injury or disease has been caused by his own willful misconduct. Sec. 301. That if death results from injury — If the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for support, the monthly compensation shall be the following amounts: (a) For a widow alone, $25. (b) For a widow and one child, $35. (c) For a widow and two children, $47.50, with $5 for each additional child up to two. (d) If there be no widow, then for one child, $20. (e) For two children, $30. (f) For three children, $40, with $5 for each additional child up to two. (g) For a widowed mother, $20. The amount payable under this subdivision shall not be greater than a sum which, when added to the total amount payable to the widow and children, does not exceed $75. This compensa- tion shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if such widowed mother is in receipt of compensation under the provisions of this article for the death of her husband. Such compensation shall be payable whether her widow- hood arises before or after the death of the person and whenever her condition is such that if the person were liv- ing the widowed mother would have been dependent upon him for support. If the death occur before discharge or resignation from service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulations. The payment of compensation to a widow or widowed mother shall continue until her death or remarriage. The payment of compensation to or for a child shall con- tinue until such child reaches the age of eighteen years or marries, or if such child be incapable, because of insanity, idiocy, or being otherwise permanently helpless, then dur- ing such incapacity. Whenever the compensation payable to or for the benefit of any person under the provisions of this section is ter- minated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining benficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries. As between the widow and the children not in her cus- tody, and as between children, the amount of the compen- sation shall be apportioned as may be prescribed by regu- lations. The word " widow " as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury. Sec. 302. That if disability results from the injury — (1) If and while the disability is total, the monthly compensation shall be the following amounts: (a) If he has neither wife nor child living, $30. (b) If he has a wife but no child living, $45. (c) If he has a wife and one child living, $55. (d) If he has a wife and two children living, $65. (e) If he has a wife and three or more children liv- ing, $75. (f ) If he has no wife but one child living, $40, with $10 for each additional child up to two. (g) If he has a widowed mother dependent on him for support, then, in addition to the above amounts, $10. To an injured person who is totally disabled and in ad- dition so helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not ex- ceeding $20 per month, as the director may deem reason- able: Provided, however, That for the loss of both feet or both hands or both eyes, or for becoming totally blind or helplessly and permanently bedridden from causes occur- ring in the line of duty in the service of the United States, the rate of compensation shall be $100 per month: Provided further, That no allowance shall be made for nurse or at- tendant. (2) If and while the disability is partial, the monthly compensation shall be a percentage of the compensation that would he payable for his total disability, equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall lie payable for a reduction in earning capacity rated at less than ten per centum. . . . (3) In addition to the compensation above provided, the injured person shall be furnished by the United States such reasonable governmental medical, surgical, and hospital services and with such supplies, including artificial limbs, trusses, and similar appliances, as the director may deter- mine to be useful and reasonably necessary: Provided, That nothing in this Act shall be construed to affect the neces- sary military control over any member of the military or naval establishments before he shall have been discharged from the military or naval service. (4) The amount of each monthly payment shall be de- termined according to the family conditions then existing. Sec. 30.1. That every person applying for or in receipt of compensation for disability under the provisions of this article shall, as frequently and at such times and places as may be reasonably required, submit himself to examination WAR REPRINTS, NO. 7. by a medical officer of the United States or by a duly quali- fied physician designated or approved by the director. He may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations he shall, in the discretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in order to submit to such exami- nation. If he refuses to submit himself for, or in any way obstructs, any examination, his right to claim compensation under this article shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and no compen- sation shall be payable for the intervening period. Every person in receipt of compensation for disability shall submit to any reasonable medical or surgical treat- ment furnished by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment shall not be deemed to result from the injury compensated for. Sec. 304. That in cases of dismemberment, of injuries to sight or hearing, and of other injuries commonly caus- ing permanent disability, the injured person shall follow such course or courses of rehabilitation, reeducation, and vocational training as the United States may provide or procure to be provided. Should such course prevent the injured person from following a substantially gainful occu- pation while taking same, a form of enlistment may be re- quired which shall bring the injured person into the mili- tary or naval service. Such enlistment shall entitle the person to full pay as during the last month of his active service, and his family to family allowances and allotment as hereinbefore provided, in lieu of all other compensation for the time being. In case of his willful failure properly to follow such course or so to enlist, payment of compensation shall be suspended until such willful failure ceases and no compen- sation shall be payable for the intervening period. Sec. 305. That upon its own motion or upon application the bureau may at any time review an award, and, in ac- cordance with the facts found upon such a review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, may award compensation. Sec. 306. That no compensation shall be payable for death or disability which does not occur prior to or within one year after discharge or resignation from the service, except that where, after a medical examination made pur- suant to regulations, at the time of discharge or resignation from the service, or within such reasonable time thereafter, not exceeding one year, as may be allowed by regulations, a certificate has been obtained from the director to the effect that the injured person at the time of his discharge or resig- nation was suffering from injury likely to result in death or disability, compensation shall be payable for death or disability, whenever occurring, proximately resulting from such injury. 307. That compensation shall not be payable for death in the course of the service until the death be offi- ly recorded in the department under which he may be serving. Xo compensation shall be payable for a period during which the man has been reported " missing " and a family allowance has been paid for him under the provi- sions of Article II. Sec. 308. That no compensation shall be payable for death inflicted as a lawful punishment for a crime or mili- tary offense except when inflicted by the enemy. A dis- missal or dishonorable or bad conduct discharge from the service shall bar and terminate all right to any compensa- tion under the provisions of this article. Sec. 300. That no compensation shall be payable unless a claim therefor be tiled, in case of disability, within five years after discharge or resignation from the service, or, in case of death during the service, within five years after such death is officially recorded in the department under which he may be serving: Provided, however, That where compensation is payable for death or disability occurring after discharge or resignation from the service, claim must be made within five years after such death or the beginning of such disability. . . . Article IV. insurance. Sec. 400. That in order to give to every commissioned officer and enlisted man and to every member of the Army Nurse Corps (female) and of the Navy Nurse Corps (female) when employed in active service under the War Department or Navy Department greater protection for themselves and their dependents than is provided in Arti- cle 111, the United States, upon application to the bureau and without medical examination, shall grant insurance against the death or total permanent disability of any such person in any multiple of $500, and not less than $1,000 or more than $10,000, upon the payment of the premiums as hereinafter provided. . . . Approved, October 6, 1017. Trading with the Enemy Act, October G, 1917. An Act To define, regulate, and punish trading with the enemy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the "Trading with the enemy Act." . . . Sec. 3. That it shall be unlawful — (a) For any person in the United States, except with the license of the President, granted to such person, or to the enemy, or ally of enemy, as provided in this Act, to trade, or attempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, directly or indirectly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy. (b) For any person, except with the license of the Presi- dent, to transport or attempt to transport into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or at- tempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen. (c) For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy na- tion, and other than such persons or classes of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communication, except in the regular course of the mail ; and it shall be unlawful for any person to send, take, or- UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 29 ■ transmit, or attempt to send, take, or transmit out of the United States, any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of communication intended for or to be delivered, directly or indirectly, to an enemy or ally of enemy: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the license or consent of the President, under such rules and regulations, and with such exemp- tions, as shall be prescribed by the President. ( d ) Whenever, during the present war, the President shall deem that the public safety demands it, he may cause to be censored under such rules and regulations as he may from time to time establish, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country he may from time to time specify, or which may be carried by any vessel or other means of transportation touching at any port, place, or territory of the United States and bound to or from any foreign country. Any person who willfully evades or at- tempts to evade the submission of any such communication to such censorship or willfully uses or attempts to use any code or other device for the purpose of concealing from such censorship the intended meaning of such communica- tion shall be punished as provided in section sixteen of this Act. Sec. 4. (a) Every enemy or ally of enemy insurance or reinsurance company, and every enemy or ally of enemy, doing business within the United States through an agency or branch office, or otherwise, may, within thirty days after the passage of this Act, apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an order either granting or refusing to grant such license. . . . (b) That, during the present war, no enemy, or ally of enemy, and no partnership of which he is a member or was a member at the beginning of the war, shall for any pur- pose assume or use any name other than that by which such enemy or partnership was ordinarily known at the begin- ning of the war, except under license from the President. Whenever, during the present war, in the opinion of the President the public safety or public interest requires, the President may prohibit any or all foreign insurance com- panies from doing business in the United States, or the President may license such company or companies to do business upon such terms as he may deem proper. Sec. 5. (a) That the President, if he shall find it com- patible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this Act so far as they apply to an ally of enemy, and he may revoke or renew such sus- pension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of sec- tion four hereof. . . . If the President shall have reasonable cause to believe that any act is about to be performed in violation of section three hereof he shall have authority to order the postpone- ment of the performance of such act for a period not ex- ceeding ninety days, pending investigation of the facts by him. (b) That the President may investigate, regulate, or prohibit, under such rules and regulations as he may pre- scribe, by means of licenses or otherwise, any transactions in foreign exchange, export or ear-markings of gold or sil- ver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States), and trans- fers of evidences of indebtedness or of the ownership of property between the United States and any foreign coun- try, whether enemy, ally of enemy or otherwise, or between residents of one or more foreign countries, by any person within the United States; and he may require any such person engaged in any such transaction to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or con- trol of such person, either before or after such transaction is completed. Sec. 0. That the President is authorized to appoint, pre- scribe the duties of, and fix the salary ( not to exceed $5,000 per annum) of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or belonging to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this Act; and to hold, administer, and ac- count for the same under the general direction of the Presi- dent and as provided in this Act. . . . Sec. 7. . . . (e) No person shall be held liable in any court for or in respect to anything done or omitted in pur- suance of any order, rule, or regulation made by the Presi- dent under the authority of this Act. Sec. 10. . . . (c) Any citizen of the United States or any corporation organized within the United States desiring to manufacture, or cause to be manufactured, a machine, man- ufacture, composition of matter, or design, or to carry on, or to use any trade-mark, print, label or cause to be carried on, a process under any patent or copyrighted matter owned or controlled by an enemy or ally of enemy at any time during the existence of a state of war may apply to the President for a license; and the President is hereby authorized to grant such a license, nonexclusive or exclusive as he shall deem best, provided he shall be of the opinion that such grant is for the public welfare, and that the applicant is able and intends in good faith to manufacture, or cause to be manufactured, the machine, manufacture, composition of matter, or design, or to carry on, or cause to be carried on, the process or to use the trade-mark, print, label or copy- righted matter. The President may prescribe the condi- tions of this license, including the fixing of prices of arti- cles and products necessary to the health of the military and naval forces of the United States or the successful prosecution of the war, and the rules and regulations under which such license may be granted and the fee which shall be charged therefor. . . . (f) The owner of any patent, trade-mark, print, label, or copyright under which a license is granted hereunder may, after the end of the war and until the expiration of one year thereafter, file a bill in equity against the licensee in the district court of the United States for the district in which the said licensee resides, or, if a corporation, in which it has its principal place of business (to which suit the Treasurer of the United States shall be made a party ) , for recovery from the said licensee for all use and enjoy- ment of the said patented invention, trade-mark, print, label, or copyrighted matter. Sec. 11. Whenever during the present war the President shall find that the public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any country named in such procla- 30 WAR REPRINTS, NO. 7. ination any article or articles mentioned in such procla- mation except at such time or times, and under such regu- Jations or orders, and subject to such limitations and excep- tions as the President shall prescribe, until otherwise or- dered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another. Sec. 16. That whoever shall willfully violate any of the provisions of this Act or of any license, rule, or regulation issued thereunder, and who shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this Act shall, upon conviction, he fined not more than $10,000, or, if a natural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who know- ingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, concerned in such violation shall be forfeited to the United States. Sec. 19. That ten days after the approval of this Act and until the end of the war, it shall be unlawful for any per- son, firm, corporation, or association, to print, publish, or circulate, or cause to be printed, published, or circulated in any foreign language, any news item, editorial or other printed matter, respecting the Government of the United States, or of any nation engaged in the present war, its policies, international relations, the state or conduct of the war, or any matter relating thereto: Provided, That this section shall not apply to any print, newspaper, or publi- cation where the publisher or distributor thereof, on or be- fore offering the same for mailing, or in any manner dis- tributing it to the public, has filed with the postmaster at the place of publication, in the form of an affidavit, a true and complete translation of the entire article containing such matter proposed to be published in such print, news- paper, or publication, and has caused to be printed, in plain type in the English language, at the head of each such item, editorial, or other matter, on each copy of such print, newspaper, or publication, the words " True translation filed with the postmaster at on (naming the post office where the translation was filed, and the date of filing thereof) as required by the Act of (here giving the date of this Act). Any print, newspaper, or publication in any foreign lan- guage which does not conform to the provisions of this section is hereby declared to be nonmailable, and it shall be unlawful for any person, firm, corporation, or associa- tion, to transport, carry, or otherwise publish or distribute the same, or to transport, carry or otherwise publish or dis- tribute any matter which as made nonmailable by the pro- visions of the Act relating t<« espionage, approved June fifteenth, nineteen hundred and seventeen: Provided fur- ther, That upon evidence satisfactory to him that any print, newspaper, or publication, printed in a foreign lan- re may be printed, published, and distributed free from the foregoing restrictions and conditions without detriment to the United States in the conduct of the present war. the President may cause to be issued to the printers or pub- ers of such print, newspaper, or publication, a permit to print, publish, and circulate the issue or issues of their print, newspaper, or publication, free from such restric- tions and requirements, such permits to be subject to revo- cation at his discretion. And the Postmaster General shall cause copies of all such permits and revocations of permits to be furnished to the postmaster of the post office serving the place from which the print, newspaper, or publication, granted the permit is to emanate. All matter printed, pub- lished and distributed under permits shall bear at the head thereof in plain type in the English language, the words, •" Published and distributed under permit authorized by the Act of (here giving date of this Act), on file at the post office of (giving name of office)." Approved, October G, 1017. Joint Resolution Declaring a State of Was Between austria-hungary and the united states, December 7, 1917. Whereas the Imperial and Royal Austro-Hungarian Gov- ernment has committed repeated acts of war against the Government and the people of the United States of Amer- ica: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That a state of war is hereby declared to exist between the United States of America and the Imperial and Royal Austro-Hungarian Government; and that the President be, and he is hereby, authorized and directed to employ the en- tire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial and Royal Austro-Hungarian Government; and to bring the conflict to a successful termination all the re- sources of the country are hereby pledged by the Congress of the United States. Approved, December 7, 1917. Act to Provide Housing foe Fleet Workers, March 1, 191S. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Shipping Board Emergency Fleet Corporation is hereby authorized and empowered within the limits of the amounts herein authorized — (a) To purchase, lease, requisition, including the requi- sition of the temporary use of, or acquire by condemnation or otherwise any improved or unimproved land or any in- terest therein suitable for the construction thereon of houses for the use of employees and the families of employ- ees of shipyards in which ships are being constructed for the United States. (b) To construct on such land for the use of such em- ployees and their families houses and all other necessary or convenient facilities, upon such conditions and at such price as may be determined by it, and to sell, lease, or ex- change such houses, land, and facilities upon such terms and conditions as it may determine. (c) To purchase, lease, requisition, including the requi- sition of the temporary use of. or acquire by condemnation or otherwise any houses or other buildings for the use of such employees and their families, together with the land on which the same are erected, or any interest therein, all necessary and proper fixtures and furnishings therefor, and all necessary and convenient facilities incidental thereto; to manage, repair, sell, lease, or exchange such lands, houses, buildings, fixtures, furnishings, and facilities upon such terms and conditions as it may determine tc carry out the purposes of this act. (d) To make loans to persons, firms, or corporations in such manner upon such terms and security, and for such time not exceeding ten years, as it may determine to pro- vide houses and facilities for the employees and the fami- lies of employees of such shipyards. Whenever said United States Shipping Board Emergency Fleet Corporation shall acquire by requisition or condemna- such property or any interest therein, it shall deter- UNITED STATES STATUTES RELATING TO WAR CONDITIONS. mine and make just compensation therefor, and if the amount thereof so determined is unsatisfactory to the per- son entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined, and shall be entitled to sue the United States to recover such further sum as added to such seventy-five per centum will make such an amount as will be just compensation for the property or interest therein so taken, in the manner pro- vided by section twenty-four, paragraph twenty, and sec- tion one hundred and forty-five of the Judicial Code. That whenever the said United States Shipping Board Emergency Fleet Corporation shall requisition any prop- erty or rights, or upon the filing of a petition for con- demnation hereunder, immediate possession may be taken by it of such land, houses, or other property, rights, and facilities, to the extent of the interests to be acquired therein, and the same may be immediately occupied and used and the provisions of section three hundred and fifty- five of the Revised Statutes, providing that no public money shall be expended upon such land until the written opinion of the Attorney General shall be had in favor of the validity of the title nor until the consent of the legis- lature of the State in which the land is located has been given, shall be, and the same are hereby, suspended as to all land acquired hereunder. The power to acquire property by purchase, lease, requi- sition or condemnation, or to construct houses, or other buildings, and to make loans, or otherwise extend aid as herein granted shall cease with the termination of the present war with Germany. The date of the conclusion of the war shall be declared by proclamation of the Presi- dent. . . . That for the purpose of carrying out the provision ol this act the expenditure of $50,000,000 is hereby authorized, and in executing the authority granted by this act, the sj.il United States Shipping Board Emergency Fleet Corpora- tion shall not expend more than the said sum, nor shall any contract for construction be entered into which provides that the compensation of the contractor shall be the cost of construction plus a percentage thereof for profit, unless such contract shall also fix the reasonable cost of such con- struction as determined by the United States Shipping Board Emergency Fleet Corporation and provide that upon any increase in cost above the reasonable cost so fixed by such board, the percentage of profit shall decrease as the cost increases in accordance with a rate to be fixed by said board and expressed in the contract. Xo contract shall be let without the approval of the United States Shipping Board Emergency Fleet Corpora- tion: Provided, however, That nothing herein contained shall be construed to prevent said board from contracting for the payment of premiums or bonuses for the speedy completion of the work contracted for: Provided fur titer. That the United States Shipping Board Emergency Fleet Corporation shall report to Congress on the first Monday in December of each year the names of all persons or cor- porations with whom it has made contracts and of such subcontractors as may be employed in furtherance of this act, including a statement of the purposes and amounts thereof, together with a detailed statement of all expendi- tures by contract or otherwise for land, buildings, material, labor, salaries, commissions, demurrage, or other charges in excess of $10,000. Approved, March 1, 1918. Protection of the Civtl Rights op Persons in the Military and Naval Establishments, Makch 8, 1918. An Act to extend protection to the civil rights of mem- bers of the Military and Naval Establishments of the United States engaged in the present war. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Abticle I. GENERAL PROVISIONS. Sec. 100. That for the purpose of enabling the United States the more successfully to prosecute and carry on the war in which it is at present engaged, protection is hereby extended to persons in military service of the United States in order to prevent prejudice or injury to their civil rights during their term of service and to enable them to devote their entire energy to the military needs of the Nation, and to this end the following provisions are made for the tem- porary suspension of legal proceedings and transactions which may prejudice the civil rights of persons in such ser- vice during the continuance of the present war. . . . Article II. GENERAL RELIEF. Sec. 200. That in any action or proceeding commenced in any court if there shall be a default of an appearance by the defendant the plaintiff before entering judgment shall file in the court an affidavit setting forth facts showing that the defendant is not in military service. If unable to file such affidavit plaintiff shall in lieu thereof file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. If an affidavit is not filed showing that the defendant is not in the military ser- vice, no judgment shall be entered without first securing an order of court directing such entry, and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent de- fendant and protect his interest and the court shall on ap- plication make such appointment. . . . Sec. 201. That at any stage thereof any action or pro- ceeding commenced in any court by or against a person in military service during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on ap- plication to it by such person or some person on his behalf, be stayed as provided in this act, unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service. . . . Article III. RENT, INSTALLMENT CONTRACTS, MORTGAGES. Sec 300. ( 1 ) That no eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $50 per month, occupied chiefly for dwelling purposes by the wife, children or other dependents of a person in military ser- vice, except, upon leave of court granted upon application therefor, or granted in an action or proceeding affecting the right of possession. . . . Sec 301. (1) That no person who has received, or whose assignor has received, under a contract for the pur- chase of real or personal property, or of lease or bailment with a view to purchase of such property, a deposit or in- stallment of the purchase price from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise any right or option under such contract to rescind or terminate the contract or reserve possession of the property for non-payment of any installment falling 32 WAR REPRINTS. NO. due during the period of such military service, except by action in a court of competent jurisdiction. . . . Akticle IV. INSURANCE. Sec. 405. That no policy which has not lapsed for the •non-payment of premium before the commencement of the period of military service of the insured, and which has been brought within the benefits of this Article, shall lapse or be forfeited for the non-payment of premium during the period of such service or during one year after the expira- tion of such period: Provided, That in no case shall this prohibition extend for more than one year after the ter- mination of the war. . . . Article V. TAXES AND PUBLIC LANDS. Sec 500. ( 1 ) That the provisions of this section shall apply when any taxes or assessments, whether general or special, falling due during the period of military service in respect of real property owned and occupied for dwelling or business purposes by a person in military service or his dependents at the commencement of his period of military service and still- so occupied by his dependents or employ- .ees are not paid. (2) When any person in military service, or any person in his behalf, shall file with the collector of taxes, or other officer whose duty it is to enforce the collection of taxes or assessments, an affidavit showing (a) that a tax or as- sessment has been assessed upon property which is the sub- ject of this section, (b) that such tax or assessment is unpaid, and (c) that by reason of such military service the ability of such person to pay such tax or assessment is materially lessened, no sale of such property shall be made to enforce the collection of such tax or assessment, or any proceeding or action for such purpose commenced, except upon leave of court granted upon an application made therefor by such collector or other officer. The court there- upon may stay such proceedings or such sale, as provided in this Act, for a period extending not more than six months after the termination of the war. . . . Sec. 501. That no right to any public lands initiated or -acquired prior to entering military service by any person under the homestead laws, the desert-land laws, the mining- land laws, or any other laws of the United States, shall be forfeited or prejudiced by reason of his absence from such land, or of his failure to perform any work or make any improvements thereon, or to do any other act required by any such law during the period of such service. . . . Article VI. ADMINISTRATIVE REMEDIES. Sec. 600. That where in any proceeding to enforce a civil right in any court it is made to appear to the satisfaction of the court that any interest, property, or contract has the date of the approval of this Act been transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this Act, the court shall enter such judgment or make such order as might lawfully In' entered or made the provisions of this Act to the con- trary notwithstanding. . . . Approved, March 8, 1918. Daylight Saving Law, March 10. 1918. An act to save daylight and to provide standard time for the United States. Be it enacted tin the Senate and House of Representatives of the United States of America in Congress assembled, 'That, for the purpose of establishing the standard time of the United States, the territory of continental United States, shall be divided into five zones in the manner here- inafter provided. The standard time of the first zone shall be based on the mean astronomical time of the seventy- fifth degree of longitude west from Greenwich; that of the second zone on the ninetieth degree; that of the third zone on the one hundred and fifth degree; that of the fourth zone on the one hundred and twentieth degree: and that of the fifth zone, which shall include only Alaska, on the one hundred and fiftieth degree. That the limits of each zone shall be defined by an order of the Interstate Com- merce Commission, having regard for the convenience of commerce and the existing junction points and division points of common carriers engaged in commerce between the several States and with foreign nations, and such order may be modified from time to time. Sec. 2. That within the respective zones created under the authority hereof the standard time of the zone shall govern the movement of all common carriers engaged in commerce between the several States or between a State and any of the Territories of the United States, or between a State or the Territory of Alaska and any of the insular possessions of the United States or any foreign country. In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or de- partment of the United States, whether in the legislative, executive, or judicial branches of the Government, or relat- ing to the time within which any rights shall accrue or de- termine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall be the United States standard time of the zone within which the act is to be performed. Sec. 3. That at 2 o'clock antemeridian of the last Sun- day in March of each year the standard time of each zone shall be advanced one hour, and at 2 o'clock antemeridian of the last Sunday in October in each year the standard time of each zone shall, by the retarding of one hour, be returned to the mean astronomical time of the degree of longitude governing said zone, so that between the last Sunday in March at 2 o'clock antemeridian and the last Sunday in October at 2 o'clock antemeridian in each year the standard time in each zone shall be one hour in advance of the mean astronomical time of the degree of longitude governing each zone, respectively. Sec. 4. That the standard time of the first ^one shall be known and designated as United States standard eastern time; that of the second zone shall be known and desig- nated as United States standard central time; that of the third zone shall be known and designated as United States standard mountain time; that of the fourth zone shall be known and designated as United States standard Pacific time; and that of the fifth zone shall be known and desig- nated as United States standard Alaska time. Sec. 6. That all acts and parts of acts in conflict here- with are hereby repealed. Approved, March 10, 1018. Act Authorizing the President to Take Control of Transportation Systems, Mabch 21, 191S. An Act to provide for the operation of transportation systems while under Federal control, for the just compen- sation of their owners, and for other purposes.n ii For the previous action of the President in taking over railroad control, see proclamation of December 26, 1017, p. 42. UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 33 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President, having in time of war taken over the possession, use, control, and operation (called herein car- riers ) , is hereby authorized to agree with and to guaran- tee to any such carrier making operating returns to the Interstate Commerce Commission, that during the period of such Federal control it shall receive as just compensa- tion an annual sum, payable from time to time in reason- able installments, for each year and pro rata for any frac- tional year of such Federal control, not exceeding a sum equivalent as nearly as may be to its average annual rail- way operating income for the three years ended June thir- tieth, nineteen hundred and seventeen. That any railway operating income accruing during the period of Federal control in excess of such just compensa- tion shall remain the property of the United States. . . . Every such agreement shall also contain adequate and appropriate provisions for the maintenance, repair, renew- als, and depreciation of the property, for the creation of any reserves or reserve funds found necessary in connec- tion therewith, and for such accounting and adjustments of charges and payments, both during and at the end of Federal control, as may be requisite in order that the prop- erty of each carrier may be returned to it in substantially as good repair and in substantially as complete equipment as it was in at the beginning of Federal control, and also that the United States may, by deductions from the just compensations or by other proper means and charges, be reimbursed for the cost of any additions, repairs, renewals, and betterments to such property not justly chargeable to the United States; in making such accounting and adjust- ments, due consideration shall be given to the amounts ex- pended or reserved by each carrier for maintenance, repairs, renewals, and depreciation during the three years ended June thirtieth, nineteen hundred and seventeen, to the con- dition of the property at the beginning and at the end of Federal control and to any other pertinent facts and cir- cumstances. . . . That every railroad not owned, controlled, or operated by another carrier company, and which has heretofore com- peted for traffic with a railroad or railroads of which the President has taken the possession, use and control, or which connects with such railroads and is engaged as a common carrier in general transportation, shall be held and considered as within " Federal control," as herein defined, and necessary for the prosecution of the war, and shall he entitled to the benefit of all the provisions of this act: Provided, however, That nothing in this paragraph shall be construed as including any street or interurban electric railway which has as its principal source of operating reve- nue urban, suburban, or interurban passenger traffic, or sale of power, heat and light or both. . . . Sec. 2. That if no such agreement is made, or pending the execution of an agreement, the President may neverthe- less pay to any carrier while under Federal control an an- nual amount, payable in reasonable installments, not ex- ceeding ninety per centum of the estimated annual amount of just compensation, remitting such carrier, in case where no agreement is made, to its legal rights for any balance claimed to the remedies provided in section three hereof. Any amount thereafter found due such carrier above the amount paid shall bear interest at the rate of six per cen- tum per annum. The acceptance of any benefits under this section shall constitute an acceptance by the carrier of all the provisions of this act and shall obligate the carrier to pay to the United States, with interest at the rate of six per centum per annum from a date or dates fixed in pro- ceedings under section three, the amount by which the sums received under this section exceed the sum found due in such proceedings. Sec. 3. That all claims for just compensation not ad- justed (as provided in section one) shall, on the applica- tion of the President or of any carrier, be submitted to boards, each consisting of three referees to be appointed by the Interstate Commerce Commission, members of which and the official force thereof being eligible for service on such boards without additional compensation. . . . Sec. 4. That the just compensation that may be deter- mined as hereinbefore provided by agreement or that may be adjudicated by the Court of Claims shall be increased by an amount reckoned at a reasonable rate per centum to be fixed by the President upon the cost of any additions and betterments, less retirements, and upon the cost of road extensions to the property of such carrier made by such carrier with the approval of or by order of the President while such property is under Federal control. Sec. 5. That no carrier while under Federal control shall, without the prior approval of the President, declare or pay any dividend in excess of its regular rate of divi- dends during the three years ended June thirtieth, nine- teen hundred and seventeen: Provided, however, That such carriers as have paid no regular dividends or no dividends during said period may, with the prior approval of the President, pay dividends at such rate as the President may determine. Sec. 6. That the sum of $500,000,000 is hereby appro- priated, out of any moneys in the Treasury not otherwise appropriated, which, together with any funds available from any operating income of said carriers, may be used by the President as a revolving fund for the purpose of paying the expenses of the Federal control, and so far as necessary the amount of just compensation, and to provide terminals, motive power, cars, and other necessary equipment, such terminals, motive power, cars, and equipment to be used and accounted for as the President may direct and to be disposed of as Congress may hereafter by law provide. The President may also make or order any carrier to make any additions, betterments, or road extension, and to provide terminals, motive power, cars and other equipment necessary or desirable for war purposes or in the public interest on or in connection with the property of any car- rier. He may from said revolving fund advance to such carrier all or any part of the expense of such additions, betterments, or road extensions, and to provide terminals, motive power, cars, and other necessary equipment so or- dered and constructed by such carrier or by the President, such advances to be charged against such carrier and to bear interest at such rate and be payable on such terms as may be determined by the President, to the end that the United States ma; - be fully reimbursed for any sums so ad- vanced. Any loss claimed by any carrier by reason of any such additions, betterments, or road extensions, ordered and constructed may be determined by agreement between the President and such carrier; failing such agreement the amount of such loss shall be ascertained as provided in sec- tion three hereof. From said revolving fund the President may expend such an amount as he may deem necessary or desirable for the utilization and operation of canals, or for the purchase, con- struction, or utilization and operation of boats, barges, tugs, and other transportation facilities on the inland, canal, and coastwise waterways, and may in the operation and use of such facilities create or employ such agencies 31 WAR REPRINTS. NO. 7. and enter into such contracts and agreements as he shall deem in the public interest. Sec. 7. That for the purpose of providing funds requisite for maturing obligations or for other legal and proper ex- penditures, or for reorganizing railroads in receivership, carriers may, during the period of Federal control, issue such bonds, notes, equipment trust certificates, stock, and other forms of securities, secured or unsecured by mort- gage, as the President may first approve as consistent with the public interest. The President may, out of the revolv- ing fund created by this act, purchase for the United States all or any part of such securities at prices not exceeding par, and may sell such securities whenever in his judgment it is desirable at prices not less than the cost thereof. Any securities so purchased shall be held by the Secretary of the Treasury who shall, under the direction of the Presi- dent, represent the United States in all matters in connec- tion therewith in the same manner as a private holder thereof. The President shall each year as socn as prac- ticable after January first cause a detailed report to be submitted to the Congress of all receipts and expenditures made under this section and section six during the preced- ing calendar year. . . . Sec. 10. That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the pro- visions of this act or any act applicable to such Federal control or with any order of the President. . . . That during the period of Federal control, whenever in his opinion the public interest requires, the President may initiate iates, fares, charges, classifications, regulations, and practices by filing the same with the Interstate Com- merce Commission, which said rates, fares, charges, classi- fications, regulations, and practices shall not be suspended by the commission pending final determination. Said rates, fares, charges, classifications, regulations, and practices shall be reasonable and just and shall take effect at such time and upon such notice as he may direct, but the Interstate Commerce Commission shall, upon com- plaint, enter upon a hearing concerning the justness and reasonableness of so much of any order of the President as establishes or changes any rate, fare, charge, classification, regulation, or practice of any carrier under Federal con- trol, and may consider all the facts and circumstances ex- isting at the time of the making of the same. Tn determin- ing any question concerning any such rates, fares, charges, classifications, regulations, or practices or changes therein, the Interstate Commerce Commission shall give due consid- eration to the fact that the transportation systems are be- ing operated under a unified and co-ordinated national con- trol and not in competition. After full hearing the commission may make such find- ings and orders as are authorized by the act to regulate commerce as amended, and said findings and orders shall be enforced as provided in said act: Provided, however, That when the President shall find and certify to the Inter- state Commerce Commission that in order to defray the expenses of Federal control and operation fairly charge- able to railway operating expenses and also to pay railway tax accruals other than war taxes, net rents for joint facili- ties and equipment, and compensation to the carriers, oper- ating as a unit, it is necessary to increase the railway oper- ating revenues, the Interstate Commerce Commission, in de- termining the justness and reasonableness of any rate, fare, charge, classification, regulation, or practice shall take into consideration said finding and certificate by the President, together with such recommendations as he may make. . . . Sec. 14. That the Federal control of railroads and trans- portation systems herein and heretofore provided for shall continue for and during the period of the war and for a reasonable time thereafter, which shall not exceed one year and nine months next following the date of the proclama- tion by the President of the exchange of ratifications of the treaty of peace: Provided, however, That the President may, prior to July first, nineteen hundred and eighteen, relinquish control of all or any part of any railroad or system of transportation, further Federal control of which the President shall deem not needful or desirable; and the President may at any time during the period of Federal control agree with the owners thereof to relinquish all or any part of any railroad or system of transportation. The President may relinquish all railroads and systems of transportation under Federal control at any time he shall deem such action needful or desirable. No right to com- pensation shall accrue to such owners from and after the date of relinquishment for the property so relinquished. Sec. 15. That nothing in this act shall be construed to amend, repeal, impair, or affect the existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transportation of troops, war materials, Government supplies, or the issue of stocks and bonds. Sec. 16. That this act is expressly declared to be emer- gency legislation enacted to meet conditions growing out of war; and nothing herein is to be construed as expressing or prejudicing the future policy of the Federal Government concerning the ownership, control, or regulation of carriers or the method or basis of the capitalization thereof. Approved, March 21, 1918. War Finance Corporation Act, April 5, 1918. An Act to provide further for the national security and defense, and. for the purpose of assisting in the prosecu- tion of the war, to provide credits for industries and enter- prises in the United States necessary or contributory to the prosecution of the war, and to supervise the issuance of se- curities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States in Congress assembled. Title I. — War Finance Corporation. That the Secretary of the Treasury and four additional persons (who shall be the directors first appointed as here- inafter provided), are hereby created a body corporate and politic in deed and in law by the name, style, and title of the " War Finance Corporation " (herein called the corpora- tion), and shall have succession for a period of ten years: Provided, That in no event shall the Corporation exercise any of the powers conferred by this Act, except such as are incidental to the liquidation of its assets and the winding up of its affairs, after six months after the termination of the war, the date of such termination to be fixed by the proclamation of the President of the United States. Sec. 2. That the capital stock of the Corporation shall be $500,000,000, all of which shall be subscribed by the United States of America, and such subscription shall be subject to call upon the vote of three-fifths of the board of directors of the Corporation, with the approval of the Secretary of the Treasury, at such time or times as may be deemed advisable; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500,000,000 or so much thereof as may be neces- sary for the purpose of making payment upon such sub- scription when and as called. . . . UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 35 Sec. 3. That the management of the Corporation shall be vested in a board of directors, consisting of the Secretary of the Treasury, who shall be chairman of the board, and four other persons, to be appointed by the President of the United States, by and with the advice and consent of the Senate. No director, officer, attorney, agent, or employee of the Corporation shall in any manner, directly or indirectly, participate in the determination of any question affecting his personal interests, or the interests of any corporation, part- nership, or association, in which he is directly or indirectly interested ; and each director shall devote his time, not otherwise required by the business of the United States, principally to the business of the Corporation. . . . Of the four directors so appointed, the President of the United States shall designate two to serve for two years, and two for four years; and thereafter each director so ap- pointed shall serve for four years. . . . Any director shall be subject to removal by the President of the United States. . . . Sec. 4. That the four directors of the Corporation ap- pointed as hereinbefore provided shall receive annual sal- aries, payable monthly, of $12,000. . . . Sec. 7. That the Corporation shall be empowered and au- thorized to make advances, upon such terms, not inconsis- tent herewith, as it may prescribe, for periods not exceed- ing five years from the respective dates of such advances: ( 1 ) To any bank, banker, or trust company in the United States, which shall have made after April sixth, nineteen hundred and seventeen, and which shall have out- standing, any loan or loans to any person, firm, corpora- tion, or association, conducting an established and going business in the United States, whose operations shall be necessary or contributory to the prosecution of the war, and evidenced by a note or notes, but no such advance shall exceed seventy-five per centum of the face value of such loan or loans; . . . [under certain conditions the advance may amount to one hundred per cent, of the loans]. Sec. 8. That the Corporation shall be empowered and au- thorized to make advances from time to time, upon such terms, not inconsistent herewith, as it may prescribe, for periods not exceeding one year, to any savings bank, bank- ing institution or trust company, in the United States, which receives savings deposits, or to any building and loan association in the United States, on the promissory note or notes of the borrowing institution, whenever the Corpora- tion shall deem such advances to be necessary or contribu- tory to the prosecution of the war or important in the pub- lic interest. . . . Sec. 9. That the Corporation shall be empowered and au- thorized in exceptional cases, to make advances directly to any person, firm, corporation, or association, conducting an established and going business in the United States, whose operations shall be necessary or contributory to the prose- cution of the war. . . . Sec. 10. That in no case shall the aggregate amount of the advances made under this title to any person, firm, cor- poration, or association exceed at any one time an amount equal to ten per centum of the authorized capital stock of the Corporation. . . . Sec. 12. That the Corporation shall be empowered and authorized to issue and have outstanding at any one time its bonds in an amount aggregating not more than six times its paid-in capital, such bonds to mature not less than one year nor more than five years from the respective dates of issue, and to bear such rate or rates of interest, and may be redeemable before maturity at the option of the Corpora- tion, as may be determined by the board of directors, but rate or rates of interest shall be subject to the approval of the Secretary of the Treasury. . . . Sec. 15. That all net earnings not required for its opera- tions shall be accumulated as a reserve fund until such time as the Corporation liquidates under the terms of this title. . . . Sec. 17. That the United States shall not be liable for the payment of any bond or other obligation or the interest thereon issued or incurred by the Corporation, nor shall it incur any liability in respect of any act or omission of the Corporation. . . . Title II. — Capital Issues Committee. Sec. 200. That there is hereby created a committee to be known as the '* Capital Issues Committee," hereinafter called the Committee; and to be composed of seven mem- bers to be appointed by the President of the United States, by and with the advice and consent of the Senate. At least three of the members shall be members of the Federal Re- serve Board. . . . Sec. 203. That the Committee may, under rules and regu- lations to be prescribed by it from time to time, investi- gate, pass upon, and determine whether it is compatible with the national interest that there should be sold or offered for sale or subscription any issue, or any part of any issue, of securities hereafter issued by any person, firm, corporation, or association, the total or aggregate par or face value of which issue and any other securities issued by the same person, firm, corporation, or association since the passage of this Act is in excess of $100,000. . . . Nothing in this title shall be construed to authorize such Committee to pass upon ( 1 ) any borrowing by any person, firm, corporation, or association in the ordinary course of business as distinguished from borrowing for capital pur- poses, (2) the renewing or refunding of indebtedness exist- ing at the time of the passage of this Act, (3) the resale of any securities the sale or offering of which the Commit- tee has determined to be compatible with the national in- terest, (4) any securities issued by any railroad corpora- tion the property of which may be in the possession and control of the President of the United States, or (5) any bonds issued by the War Finance Corporation. . . . Sec. 206. That this title shall continue in effect until, but not after, the expiration of six months after the ter- mination of the war. . . . Approved, April 5, 1918. Joint Resolution Changing Basis of Apportionment of the Draft, May 16, 191S. Joint Resolution Providing for the calling into military service of certain classes of persons registered and liable for military service under the terms of the Act of Con- gress approved May eighteenth, nineteen hundred and seventeen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States." Resolved by the Senate and flouse of Representatives of the United States of America in Congress assembled, That if under any regulations heretofore or hereafter prescribed by the President persons registered and liable for military service under the terms of the Act of Congress approved May eighteenth, nineteen hundred and seventeen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," are placed in classes for the purpose of determining their rela- tive liability for military service, no provision of said Act shall prevent the President from calling for immediate 36 WAR REPRINTS. NO. 7. military service under regulations heretofore or hereafter prescribed by the President all or part of the persons in any class or classes except those exempt from draft under the provisions of said Act, in proportion to the total num- ber of persons placed in such class or classes in the vari- ous subdivisions of the States, Territories, and the District of Columbia designated by the President under the terms of said Act; or from calling into immediate military ser- vice persons classed as skilled experts in industry or agri- culture, however classified or wherever residing. Approved, May 10, 1918. Joint Resolution Extending Draft Provisions, May 20, 1918. Joint Resolution Providing for the registration for mili- tary service of all male persons citizens of the United States and all male persons residing in the United States who have since the fifth day of June, nineteen hundred and seventeen, and on or before the day set for the registration by proclamation by the President, attained the age of twenty-one years, in accordance with such rules and regula- tions as the President may prescribe under the terms of the Act approved May eighteenth, nineteen hundred and seven- teen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States." Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That during the present emergency all male persons, citizens of the United States and all male persons residing in the United States, who have, since the fifth day of June, nine- teen hundred and seventeen, and on or before the day set for the registration by proclamation by the President, at- tained the age of twenty-one years, shall be subject to reg- istration in accordance with regulations to be prescribed by the President, and that upon proclamation by the Presi- dent, stating the time and place of such registration, it shall be the duty of all such persons, except such persons as are exempt from registration under the Act of May eighteenth, nineteen hundred and seventeen, and any Act or Acts amendatory thereof, to present themselves for and submit to registration under the provisions of said Act ap- proved May eighteenth, nineteen hundred and seventeen, and they shall lie registered in the same manner and sub- ject to the same requirements and liabilities as those pre- viously registered under the terms of said Act: Provided, That those persons registered under the provisions of this Act shall be placed at. the bottom of the list of those liable for military service, in the several classes to which they are assigned, under such rules and regulations as the President may prescribe. Sec. 2. That after the day set under section one hereof for the registration by proclamation by the President at such intervals as the President may from time to time pre- srribe, the President may require that all male persons, citizens of the United States and all male persons residing in the United States, who have attained the age of twenty- one years since the last preceding date of registration, and on or before the next day set for the registration by pro- clamation by the President, except such persons as are ex- empt from registration under the Act of May eighteenth, nineteen hundred and seventeen, and any Act or Acts amendatory thereof, shall be registered in the same manner and subject to the same requirements and liabilities as those previously registered under the terms of said Act: Provided, That students who are preparing for the ministry in recognized theological or divinity schools, and students who are preparing for the practice of medicine and surgery in recognized medical schools, at the time of the approval of this Act shall be exempt from the selective draft pre- scribed in the Act of May eighteenth, nineteen hundred and seventeen. Sec. 3. That all such persons when registered shall be liable to military service and to' draft under the terms of said Act approved May eighteenth, nineteen hundred and seventeen, under such regulations as the President may prescribe not inconsistent with the terms of said Act. Six. 4. That all such persons shall be subject to the terms and provisions and liabilities of said Act approved May eighteenth, nineteen hundred and seventeen, in all re- spects as if they had been registered under the terms of said Act, and every such person shall be deemed to have notice of the requirements of said Act and of this joint resolution upon the publication of any such proclamation by the Presi- dent. Approved, May 20, 1918. Overman Bill, May 20, 1918. An Act Authorizing the President to coordinate or con- solidate executive bureaus, agencies, and offices, and for other purposes, in the interest of economy and the more efficient concentration of the Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress, assembled, That for the national security and defense, for the success- ful prosecution of the war, for the support and main- tenance of the Army and Navy, for the better utilization of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the land and naval forces the President is hereby authorized to make such redistribu- tion of functions among executive agencies as he may deem necessary, including any functions, duties, and powers hitherto by law conferred upon any executive department, commission, bureau, agency, office, or officer, in such man- ner as in his judgment shall seem best fitted to carry out the purposes of this Act. and to this end is authorized to make such regulations and to issue such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and constitute a public record: Provided, That this Act shall remain in force during the continuance of the present war and for six months after the termination of the war by the proclamation of the treaty of peace, or at such earlier time as the President may designate: Pro- )"/. agreement, which was submitted to the Governments concerned in or- der that if acceptable it might be ratified, or if unaccept- able a counter proposal might be made. The negotiations becoming prolonged, the Dutch dele- gates proposed, in order that their ships might sooner be put into remunerative service, that Dutch tonnage lying idle in American waters should, with certain exceptions, be immediately chartered to the United States for periods not exceeding 90 days. This proposal was accepted by the United States Govern- ment, and on January 25, 1918, the Dutch Minister at Washington handed to the Secretary of State of the United States a note expressing the terms of the temporary char- tering agreement and his Government's acceptance thereof. This agreement provided, among other things, that 150,000 tons of Dutch shipping should, at the discretion of the United States, be employed partly in the service of Belgian relief and partly for Switzerland on safe conduct to Cette, France, and that for each ship sent to Holland in the ser- vice of Belgian relief a corresponding vessel should leave Holland for the United States. Two Dutch ships in the United States ports with cargoes of foodstuffs were to pro- ceed to Holland, similar tonnage being sent in exchange from Holland to the United States for charter as in the case of other Dutch ships lying in the United States ports. The agreement was explicitly temporary in character, and, being designed to meet an immediate situation, prompt performance was of the essence. The Dutch Government at once disclosed, however, that it was unwilling or unable to carry out this chartering agreement which it had itself proposed. The first desire of the United States was to se- cure at once shipping, as contemplated by the agreement to transport to Switzerland foodstuffs much needed by the State. One difficulty after another was, however, raised to postpone the chartering of Dutch ships for Swiss relief, and, although the reason was never formally expressed, it was generally known that the Dutch shipowners feared lest their ships should be destroyed by German submarines, even though on an errand of mercy, and though not traversing any of the so-called " danger zones " proclaimed by the Ger- man Government. That this fear was not wholly unjusti- fied has. unhappily, been shown by the recent act of the German Government in sinking the Spanish ship Sardinero outside the " danger zone " when carrying a cargo of grain for Switzerland, and after the submarine commander had ascertained this fact by an inspection of the ship's papers. In respect of Belgian relief, the Dutch Government ex- pressed its present inability to comply with the agreement on the ground that the German Government had given Hol- land to understand that it would forcibly prevent the de- parture from Holland of the corresponding ships, which under the agreement w-ere to leave coincidentlv for the United States. The Dutch Government even felt itself un- able to secure the two cargoes of foodstuffs, which under the agreement it was permitted to secure, since here again the German Government intervened and threatened to de- stroy the equivalent Dutch tonnage which under the agree- ment was to leave Holland for the United States. Nearly two months have elapsed since the making of the temporary chartering agreement, and the proposed general agreement has lain even longer without reply on the part of Holland. Meanwhile, German threats have grown more violent, with a view to preventing any permanent agree- ment and of forcing Holland to violate any temporary agreement. On March 7, through Great Britain, a final proposal, ex- piring on the 18th, was submitted to Holland. A reply has been received which, while in itself unacceptable, might un- der other conditions have served as a basis for further ne- gotiations. But the events to which I have alluded had served to demonstrate conclusively that we have been at- tempting to negotiate where the essential basis for an agreement, namely, the meeting of free wills, is absent. Even were an agreement concluded, there is lacking that power of independent action which alone can assure per- formance. I say this not in criticism of the Dutch Govern- ment. I profoundly sympathize with the difficulty of her position under the menace of a military power which has in every way demonstrated its disdain of neutral rights. But, since coercion does in fact exist, no alternative is left to us hut to accomplish, through the exercise of our indis- putable rights as a sovereign, that which is so reasonable that in other circumstances we could be confident of ac- complishing it by agreement. Steps are accordingly being taken to put into our service Dutch shipping lying within our territorial jurisdiction. This action which is being taken by Governments associated with us leaves to Holland ample tonnage for her domestic and colonial needs. We have informed the Dutch Govern- ment that her colonial trade will be facilitated and that she may at once send ships from Holland to secure the bread cereals which her people require. These ships will be freely bunkered and will be immune from detention on our part. The liner New Amsterdam, which came within our jurisdiction under an agreement for her return, will, of course, be permitted at once to return to Holland. Not only so, but she will be authorized to carry back with her the two cargoes of foodstuffs which Holland would have se- cured under the temporary chartering agreement had not Germany prevented. Ample compensation will be paid to the Dutch owners of the ships which will be put into our service, and suitable provision will be made to meet the possibility of ships being lost through enemy action. It is our earnest desire to safeguard to the fullest extent the interests of Holland and of her nationals. By exercis- ing in this crisis our admitted right to control all property within our territory, we do no wrong to Holland. The manner in which we proposed to exercise this right and our proposals made to Holland concurrently therewith can- not, I believe, fail to evidence to Holland the sincerity of our friendship toward her. Woodrow Wilson. Proclamation Concerning National War Labor Board, April 8, 1918. Whereas, in January, 1918. the Secretary of Labor, upon the nomination of the President of the American Federa- tion of Labor and the President of the National Industrial Conference Board, appointed a War Labor Conference Board, for the purpose of devising for the period of the war a method of labor adjustment which would be acceptable to employers and employees; and Whereas, said board has made a report recommending the creation for the period of the war of a national war labor board with the same number of members as, and to he se- lected bv the same agencies, that created the War Labor 46 WAR REPRINTS. NO. Conference Board whose duty it shall be to adjust labor disputes in the manner specified, and in accordance with certain conditions set forth in the said report; and Whereas, the Secretary of Labor has, in accordance with the recommendation contained in the report of said War Labor Conference Board dated March 29, 19 18, appointed as members of the National War Labor Board, Hon. William Howard Taft and Hon. Frank P. Walsh, representatives of the general public of the United States; Messrs. Loyall Z. Osborne, L. F. Loree, W. H. Van Dervoort, C. E. Michael, and B. L. Worden, representatives of the employers of the United States; and Messrs. Frank J. Hayes, William L. Hutcheson, William H. Johnston, Victor A. Olander, and T. A. Rickert, representatives of the employees of the United States: Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby approve and affirm the said appointments and make due proclamation thereof and of the following for the information and guidance of all concerned : The powers, functions, and duties of the National War Labor Board shall be: To settle by mediation and concilia- tion controversies arising between employers and workers in fields of production necessary for the effective conduct of the war, or in other fields of national activity, delays and obstructions which might, in the opinion of the Na- tional Board, affect detrimentally such production ; to pro- vide, by direct appointment or otherwise, for committees or boards to sit in various parts of the country where contro- versies arise and secure settlement by local mediation and conciliation; and to summon the parties to controversies for hearing and action by the National Board in event of failure to secure settlement by mediation and conciliation. The principles to be observed and the methods to be fol- lowed by the National Board in exercising such powers and functions and performing such duties shall be those speci- fied in the said report of the War Labor Conference Board dated March 29, 1918, a complete copy of which is hereunto appended. The national board shall refuse to take cognizance of a controversy between employer and workers in any field of industrial or other activity where there is by agreement or Federal law a means of settlement which has not been in- voked. And I do hereby urge upon all employers and employees within the United States the necessity of utilizing the means and methods thus provided for the adjustment of all industrial disputes, and request that during the pendency of mediation or arbitration through the said means and methods there shall be no discontinuance of industrial operations which would result in curtailment of the produc- tion of war necessities. . . . Priorities List for Supply of Fuel, April 10, 191S. The War Industries Board of the Council of National Defense issued the following statement: The Priorities Board has adopted Preference List No. 1 for the guidance of all governmental agencies in the supply and in the distribution by rail or water of coal and coke. While the list speaks for itself, it is proper to say that the board has not undertaken to classify any industry as non- essential or at this time to limit the quantity of fuel which any particular industry or plant shall receive. The board has, however, listed certain industries whose operation is of exceptional importance, measured by the extent of their direct or indirect contribution either toward winning the war or toward promoting the national welfare, and these in- dustries will be accorded preferential treatment by the Fuel Administration in the distribution of coal and coke, and also in the transportation of such coal and coke by the rail- roads. This same plan will be followed in according preferential treatment to war industries and plants in the transporta- tion of raw materials and supplies required by them in their manufacturing operations, so that they may not be delayed or hampered in complying with priority orders is- sued against them governing their products. Preference List No. 1 is not complete in itself, but it will be noted that provision is made for certifying additional classes of industries, and also individual plants whose operations are necessary as a war measure. In determining what industries or plants are entitled to be certified, two factors will control: (1) The relative urgency of the uses or purposes for which the product of the plant is utilized; and (2) the per cent, of the product of the plant utilized in war work, direct or indirect, or work of exceptional or national importance. No plant, a very substantial per cent, of whose product is not of exceptional importance, can be accorded preferential treatment. PRIORITIES BOARD PREFERENCE LIST NO. 1. In pursuance of a resolution unanimously adopted by the Priorities Board at a meeting held April G, 1918, the fol- ic ■wing preference list of classes of industries, whose opera- tion as a war measure is of exceptional importance, is pro- mulgated and published for the guidance of all agencies of the United States Government in the supply and distribu- tion of coal and coke, and in the supply of transportation by rail and water for the movement of coal and coke to said industries. The priorities commissioner shall, under the direction of and with the approval of the Priorities Board, certify addi- tional classes of industries, and also certify individual plants whose operation as a war measure is of exceptional importance, which industries and plants when so certified shall be automatically included in this Preference List, which shall be amended or revised from time to time by ac- tion of the Priorities Board to meet changing conditions. No distinction is made between any of the industries or plants which are or may be included in this Preference List, and no significance should attach to the order in which the industries or plants appear in the list. Aircraft. — Plants engaged exclusively in manufacturing aircraft or supplies and equipment therefor. Ammunition. — Plants engaged in the manufacture of ammunition for the United States Government and the allies. Army and Navy cantonments and camps. Arms (small). — Plants engaged in manufacturing small arms for United States Government and for the allies. Chemicals. — Plants engaged exclusively in manufacturing chemicals. Coke plants. Domestic consumers. Electrical equipment. — Plants manufacturing same. Electrodes. — Plants producing electrodes. Explosives. — Plants manufacturing explosives. Farm implements. — Manufacturers exclusively of agri- cultural implements and farm-operating equipment. Feed. — Plants producing feed. Ferroalloys. — Plants producing. Fertilizers. — Manufacturers of fertilizers. Fire brick. — Plants producing exclusively. Food. — riants manufacturing, milling, preparing, refin- ing, preserving, and wholesaling food for human consump- tion. Food containers. — Manufacturers of tin and glass con- EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. ■17 tainers and manufacturers exclusively of other food con- tainers. Gas. — Gas-producing plants. Gas. — Plants manufacturing exclusively gas-producing machinery. Guns (large). — Plants manufacturing same. Hemp, jute, and cotton bags. — Plants manufacturing ex- clusively hemp, jute, and cotton bags. Insecticides. — Manufacturers exclusively of insecticides and fungicides. Iron and steel. — Blast furnaces and foundries. Laundries. Machine tools. — Plants manufacturing machine tools. Mines. Mines. — Plants engaged exclusively in manufacturing mining tools and equipment. Newspapers and periodicals. — Plants printing and pub- lishing exclusively newspapers and periodicals. Oil. — Refineries of both mineral and vegetable oils. Oil production. — Plants manufacturing exclusively oil- well equipment. Public institutions and buildings. Public utilities. Railways. Railways. — Plants manufacturing locomotives, freight cars, and rails, and other plants engaged exclusively in manufacture of railway supplies. Refrigeration. — Refrigeration for food and exclusive ice- producing plants. Seeds. — Producers or wholesalers of seeds (except flower seeds. ) Ships (bunker coal). — Not including pleasure craft. Ships. — Plants engaged exclusively in building ships (not including pleasure craft) or in manufacturing exclusively supplies and equipment therefor. Soap. — Manufacturers of soap. Steel. — Steel plants and rolling mills. Tanners. — Tanning plants, rave for patent leather. Tanning extracts — Plants manufacturing tanning ex- tracts. Tin plate. — Manufacturers of tin plate. Twine (binder) and rope. — Plants producing exclusively binder twine and rope. Wire rope and rope wire. — Manufacturers of same. Edwin B. Pakkeb, Chairman, Priorities Board. 48 WAR REPRINTS. NO. LIBRARY OF CONGRESS ^ 020 934 207 8 War Reprints The monthly War Supplements to The History Teacher's Magazine are being reprinted in inexpensive form immediately after their appearance in the Magazine. ALREADY ISSUED No. 1. The Study of the Great War. By Prof. S. B. Harding. Price, 20 cents each. No. 2. War Curiosities and the Belgium Secret Press. By Prof. Christian Gauss. Price, 10 cents each. No. 3. A Bibliography of the Great War. By Prof. George M. Dutcher. Price, 25 cents each. No. 4. War Geography, with Many Maps. By Prof. S. B. Harding and Prof. W. E. Lingelbach. Price, 20 cents each. No. 5. Syllabus of a Course of Study in the Preliminaries of the World Conflict. By Halford L. Hoskins. Price, 20 cents each. No. 6. A Selection from the Addresses of President Wilson. Price, 20 cents each. No. 7. Important Statutes and Executive Proclamations Issued in the United States from April, 1917, to May, 1918. Price, 25 cents each. Liberal discounts when ordered in quantities. Collected Materials for the Study of the War Compiled by the Editor of the History Teacher's Magazine. Contains principal war addresses of President Wilson ; many recent statutes of Congress ; executive pro- clamations ; outline maps ; and the material contained in War Reprints No. 1, 3, 4, 5, 6, 7. Price, Sixty-five cents net [carriage extra) McKINLEY PUBLISHING COMPANY PHILADELPHIA, PA. LIBRARY OF CONGRESS HI 020 934 207 8