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canceled

if unsatisfac

for remainder.

(d) That whenever the United States shall cancel or Cor Compensation modify any contract, make use of, assume, occupy, requi- contracts, etc. sition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of paragraph (b), it shall make just compensation therefor, to be determined by the President, and if the amount Part payment thereof so determined by the President is unsatisfactory tory, and suit to the person entitled to receive the same, such person shall be paid fifty per centum of the am、unts so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code.

Vol. 36, pp. 1093, 1136.

Vessels to be

[1194] The Secretary of the Navy shall build any of bullt at navy the vessels herein appropriated for in such navy yards yards if bidas he may designate should it reasonably appear that the persons, firms, or corporations, or the agents thereof, bidding for the construction of any of said vessels have entered into any combination, agreement, or understanding, the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competition in letting contracts for the construction of any of said vessels: Provided, That the Secretary of the Navy is hereby authorized to build any of the vessels herein authorized in such navy yards as he may designate.

Proviso. of navy yards.

Designation

Equipment of

navy yards for

speedy con

tainable.

In the event the Secretary of the Navy is unable to secure from the private shipbuilders contracts for the construction, if expeditious construction of the ships heretofore author- tracts not obized at a fair and reasonable price, the sum of $12,000,000, or so much thereof as may be necessary, is hereby appropriated to enable the Secretary of the Navy to equip the navy yards with suitable and necessary machinery, implements, building ways, and equipment for the construction of such of said vessels as may be assigned to navy yards for construction.

battle cruiser

reasonable

If, in the judgment of the Secretary of the Navy, the Contract for most rapid and economical construction of the battle at cost plus cruiser herein appropriated for can be obtained thereby, profit. he may contract for the construction of said battle cruiser. upon the basis of actual cost, plus a reasonable profit to be determined by him.

37639-18-2

[Pub. Res. No. 1.]

"WAR RESOLUTION."

April 6, 1917. [1] CHAP. 1.-Joint Resolution Declaring that a state of war ex[S. J. Res. 1.] ists between the Imperial German Government and the Government and the people of the United States and making provision to prosecute the same. [Approved, April 6, 1917. 40 Stats. 1.] Whereas the Imperial German Government has committed repeated acts of war against the Government and the people of the United States of America: Therefore be it

Preamble.

Germany.

War with Resolved by the Senate and House of Representatives Declaration of the United States of America in Congress assembled, Proclama - That the state of war between the United States and the tions, p. 6.

of.

thorized to use

Imperial 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 President au directed to employ the entire naval and military forces Army, Navy of the United States and the resources of the Government etc., to prosecute. 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 Congress of the United States.

May 12, 1917. [S. J. Res.42.]

[Pub. Res. No. 2.]

Vessels of alien enemies.

"GERMAN BOAT RESOLUTION."

[75] Chap. 13.-Joint Resolution Authorizing the President to take over for the United States the possession and title of any vessel within its jurisdiction, which at the time of coming therein 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, or was under register of any such nation, and for other purposes. [Approved May 12, 1917. 40 Stat. 75.]

Resolved by the Senate and House of Representatives Immediate of the United States of America in Congress assembled, be taken of, in That the President be, and he is hereby, authorized to jurisdiction. take over to the United States the immediate possession

possession to

United States

and title of any vessel within the jurisdiction thereof,1 including the Canal Zone and all territories and insular Exception. possessions of the United States except the American Virgin Islands, which at the time of coming into such judisdiction 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

1 See Executive Orders, No. 2619-A, May 14, 1917 [p. 169]; No. 2624, May 22, 1917 [p. 169]; No. 2635, June 12, 1917 [p. 170]; No. 2651, June 30, 1917 [p. 171]; No. 2653. July 3, 1917 [p. 172]; No. 2709, Sept. 27, 1917 [p. 179]; No. 2748, November 2, 1917 [p. 189].

be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipality 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 service, etc. or coastwise.1

Operation for

Government

of value.

SEC. 2. That the Secretary of the Navy be, and he is Determination 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 therein, 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 compensa- Compensation. tion.

"CAR SERVICE ACT."

[H. R. 328.]

CHAP. 23.-An Act To amend an Act entitled "An Act to regulate May 29, 1917. commerce," as amended, in respect of car service, and for other purposes. [Approved, May 29, 1917. 40 Stats. 101.]

[Public, No.

19.j

commerce reg

Vol. 36. p.

[101] Be it enacted by the Senate and House of Rep- Interstate resentatives of the United States of America in Congress ulations. assembled, That section one of the Act entitled "An Act 545, amended. to regulate commerce," approved February twentyfourth, eighteen hundred and eighty-seven, as heretofore amended, is further amended by adding thereto the following:

The term "car service" as used in this Act shall include the movement, distribution, exchange, interchange, and return of cars used in the transportation of property by any carrier subject to the provisions of this Act.

"Car service." Term strued.

con

Just and rea

It shall be the duty of every such carrier to establish, sonable rules. observe, and enforce just and reasonable rules, regula- for. etc., required tions, and practices with respect to car service, and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful.

Filing with Commission or

The Interstate Commerce Commission is hereby authorized by general or special orders to require all car- dered.

1 See Executive Orders, No. 2621, May 16, 1917 [p. 169]; No. 2625, May 22, 1917 [p. 170].

porated in

riers subject to the provisions of the Act, or any of them, to file with it from time to time their rules and regulaTo be incor- tions with respect to car service, and the commission may, schedules. in its discretion, direct that the said rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation and be subject to any or all of the provisions of the Act relating thereto. The commission shall, after hearing, on a complaint or Commission. upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service, including the classification of cars, compensation to be paid for the use of any car not owned by any such common carrier and the penalties or other sanctions for nonobservance of such rules.

es

May be tablished by

etc., by Com

ized.

Suspension, Whenever the commission shall be of opinion that mission author- necessity exists for immediate action with respect to the supply or use of cars for transportation of property, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the commission may determine, to suspend the operation of any or all rules, regulations, or practices then established with respect to Directions car service for such time as may be determined by the commission, and also authority to make such just and reasonable directions with respect to car service during such time as in its opinion will best promote car service in the interest of the public and the commerce of the people.

for service.

directions.

Execution of The directions of the commission as to car service may be made through and by such agents or agencies as the commission shall designate and appoint for that purpose.

Penalty for noncompliance with orders.

In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with any direction or order with respect to car service, such carrier, receiver, or trustee shall be liable to a penalty [102] of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States.

"EMERGENCY SHIPPING FUND ACT."

[182] CHAP. 29.-An Act Making appropriations to supply urgent June 15, 1917. deficiencies in appropriations for the Military and Naval Estab- [H. R. 3971.] lishments on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. [Approved, June 15, 1917. 40 Stats. 182.]

[Public, No. 23.]

Deficienc i es

penses, etc.

Be it enacted by the Senate and House of Representa- appropriations tives of the United States of America in Congress assem-for war exbled, That the following sums are appropriated, out of Post, p. 345. any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the Military and Naval Establishments on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, namely:

COUNCIL OF NATIONAL DEFENSE.

Council of

National Defense.

Expenses of

Vol.

R. S., sec. 167, p. 27.

Rent in Dis

For expenses of experimental work and investigations work, et un undertaken by the Council of National Defense, employ- der 1. 39, p. ment of experts, and at rates of compensation authorized 649; Clerks, etc. by section one hundred and sixty-seven of the Revised Statutes of the United States of clerical and other assistance, supplies, including books of reference and periodicals, and for necessary expenses of members of the council, of the advisory commission, or subordinate bodies going to and attending meetings of the commission or subordinate bodies, $500,000: Provided, That of the appropria- Provisos. tions herein and heretofore made for the Council of trict of Colum National Defense there may be expended for rental of quarters in the District of Columbia not to exceed $25,000 in the aggregate for the fiscal year nineteen hundred and seventeen and not to exceed $50,000 for the fiscal year nineteen hundred and eighteen: Provided further, That in the expenditure of said moneys the existence of a state of war shall not be construed as enlarging the powers or duties of the Council of National Defense, but that such Ante, p. 70. powers and duties shall remain as prescribed by the Act creating said council, approved August twenty-ninth, nineteen hundred and sixteen.

bia.

Powers, etc.,

unchanged.

Vol. 39, p.

650.

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